MANJU JOEMON Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the widow of late Joemon Joseph, who owned 3 hectares of landed property in Malayattoor Village. The property is bounded by Forest Department's teak plantation. O.R.No.2 of 2020 is registered against the petitioner and two others at the Kurisumudy Forest Station on the allegation that, on 2.8.2020, the accused trespassed into the teak plantation and constructed a road upto the petitioner's property using a JCB Excavator and a Tipper Lorry. By their act, the accused are alleged to have committed offences punishable under Section 27(1)(e)(i)(ii)(iii) and (i)(v) read with Section 84 of the Kerala Forest Act, 1961 (for short, 'the Act'). Upon registration of the O.R, the accused were arrested and the vehicles were seized.

(2.) The petitioner filed W.P(C).No.17031 of 2020 challenging seizure of the vehicles. During the course of hearing in the writ petition, the petitioner expressed willingness to approach the respondents with an application for compounding. Accordingly, the writ petition was disposed of vide Annexure E judgment, observing that in the event of the petitioner submitting an application for compounding under Section 68 of the Forest Act, the same should be considered by the 1st respondent and orders passed without delay. The grievance of the petitioner is that Annexure F compounding application filed by her in terms of Annexure E judgment, stands rejected as per Annexure H order. Hence, this Crl.M.C.

(3.) Heard Sri.Babu S.Nair, learned counsel for the petitioner, Sri.B.R.Muraleedharan, learned Senior Government Pleader .