P.ANVERSADATH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 3rd accused in C.C.No.59/2019 on the file of the Judicial First Class Magistrate Court-II (Forest Offences), Manjeri. The petitioner is a Government servant working as Tahsildar in Land Revenue Department and the offences alleged against him are punishable under Sec. 2(16), 9, 39, 50 and 52 of Wildlife Protection Act, 1972 read with Sec. 51 of the Act of 1972.

(2.) The allegation against the petitioner is that, the petitioner while working as Tahsildar, Ponnani Taluk, in response to a request made by the Village Officer, Alangode Village, who is the 1st accused in the above crime, gave an oral permission to cut down the branches of the trees in the premises of the said Village Office. The 1st accused, who in turn engaged the 2nd accused to execute the said work. Accordingly, on 08.09.2018, the workers of the 2nd accused cut the branches of different types of trees standing in the premises of Alangode Village Office at Changaramkulam junction falling under Kalikavu Forest Range in Nilambur South Division. While doing so, it caused damage to nest and eggs of birds and also caused death of hatchlings of Little Cormorant (Neer Kakka) and Pond Heron (Kokku), which are falling under Schedule IV of the Kerala Wild Life Protection Act, 1972.

(3.) Based on the said incident, O.R.No.11 of 2018 of Kalikavu Forest Range was registered by the 3rd respondent and after completing the investigation, Annexure-A4 final report was submitted, implicating the petitioner herein and the two other persons. The Judicial First Class Magistrate Court-II (Forest Offences), Manjeri, took cognizance of the same and it is now pending as C.C.No.59 of 2019. This Crl MC is filed for an order quashing all further proceedings in the said case.