STATE OF KERALA Vs. WESTERN INDIA PLYWOODS LTD

JUDGEMENT

(1.) State is in appeal against judgment of the learned single Judge dated 19.01.2015 passed in W.P.(C) No.8041 of 2009 whereby the writ petition was allowed quashing Annexure-P8, the Government letter dated 06.11.2007, whereby after almost one year, the Government decided to withdraw its decision dated 19.12.2006 (Ext.P6) on the solitary ground that Ext.P6 was not in public interest.

(2.) We have heard the learned Government Pleader at length and the private contesting respondent who was the writ petitioner.

(3.) The facts are not in dispute. The writ petitioner is a plywood industry which buys sort wood for making veneers which are thereafter used to make plywood. The sort woods are controlled timber i.e., to say that they can only be purchased through state agencies. Accordingly, there was an agreement between the writ petitioner and the State on 11.03.2005 whereby the writ petitioner had agreed to lift certain quantities of casuarina timbers. Agreement itself provided that till Government decides the price finally, the writ petitioner would pay at the rate of Rs.1,103/- plus taxes/MT. Accordingly, the writ petitioner lifted certain quantities. Thereafter, it appears that the Principal Chief Conservator of Forests on 23.08.2005 (Ext.P2) recommended to the Government that the rate should be determined at Rs.1,700/- per MT. Government thereafter apparently accepted the recommendations and issued orders (Ext.P3) dated 26.09.2006 fixing Rs.1,700/- per MT as the price of the said timber. Immediately on receipt of the said order, the writ petitioner represented to the Government praying that the price may be fixed on the basis of what had been fixed on ad hoc basis earlier. It is pointed out that, the recommendation should not have been acted upon. Pursuant to the representation of the writ petitioner, a meeting was organized by the Government which was presided by the Minister for Industries and Minister for Forests. Apart from the Principal Chief Conservator of Forests, the Additional Principal Chief Conservator of Forests, the Chief Forest Conservator, Managing Director - Kerala Forest Development Corporation, Deputy Secretary - Forest and Wild Life Department and other officials were present. Pursuant to the discussions held, minutes of the meeting were duly recorded (Ext.P6) on 19.12.2006 whereby the Government agreed to the representations of the writ petitioner and decided that the rate chargeable from the writ petitioner would be restricted to Rs.1,103/- instead of Rs.1,700/- per MT. Accordingly the writ petitioner made payments as he had already removed the timber. Almost one year thereafter, on 06.11.2007 (Ext.P8), the Government suddenly took a decision to recall its decision dated 19.12.2006. There is no reason whatsoever assigned for the action being taken at this distant point of time. The petitioner, being confronted with such a situation, made a representation which was rejected and they were directed to make payments at the rate of Rs.1,700/- per MT. Aggrieved by the above orders, the petitioner filed writ petition and the learned single Judge vide the judgment impugned, has allowed the writ petition and set aside Annexure-P8.