LAWS(KER)-1990-2-24

GEETHA TIMBERS CHALAKUDY Vs. STATE OF KERALA

Decided On February 02, 1990
GEETHA TIMBERS, CHALAKUDY Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The questions of law to be decided in these cases are snowed under an avalanche of exhibits and pleadings, but on a subjection of judicial thawing of these exhibits and pleadings, it will be seen that the matter falls in a narrow compass. Both the cases are connected and we will take up O.P. 10551 of 1985 for consideration first.

(2.) The petitioner is an A class contractor who has undertaken major contract works of the forest as well as Public Works Department of the State. He challenges the proceedings of the Government in permitting the 5th respondent to remove the timber stacked on the bank of the Kakki reservoir on the ground that the proceedings permitting the 5th respondent to collect and remove the timber spells in the realm of favouritism shown to the 5th respondent by the Government. The prayers in the Original petition (O.P. 10551 of 1985) are:

(3.) The surviving points to be considered in the Original Petition, therefore, are whether Ext. P89 Government Order dated 27-10-1984 issued by the first respondent permitting the 5th respondent to remove the timber stacked on the bank of Kakki reservoir is in any way illegal and whether the timber found in the reservoir coupe area both collected and stacked as well as remaining submerged vested in the Government.