THANKAMMA CYRIAC Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is seeking for a direction to the respondents to disburse the 70% value of the sandalwood stumps removed from the property of the petitioner as per Ext.P2 agreement.

(2.) THE petitioner is the owner of 0.98.37 hectors of land comprised in Survey No.55/15 of Marayoor Village in Idukki District wherein sandals were grown. She filed Ext.P1 representation requesting the second respondent to collect and sell the same by auction, which was accepted. Ext.P2 is the agreement executed between the petitioner as well as the Divisional Forest Officer, Munnar thereafter. The same is dated 04/11/2003. The sandals and stumps were put in auction on 30/01/2004 and 24/11/2004 in the name of the petitioner. The petitioner thereafter, submitted bills for payment and a representation was filed as per Ext.P3 since there was an undue delay in the matter. Legal notice has also been issued as per Ext.P4 and then only a reply was given as per Ext.P5. Aggrieved by the communication Ext.P5, this writ petition has been filed.

(3.) LEARNED counsel for the petitioner submits that Ext.P2 agreement will show that it covers 60 dead and wind fallen sandalwood trees and accordingly, steps were taken to conduct the auction and there was no dispute with regard to the ownership, possession and the rights of the petitioner over the sandalwood stumps. It is therefore, submitted that the objection now raised with regard to the 30 sandalwood stumps cannot be justified.