Petitioner challenged refusal to renew saw mill licence due to lack of Forest Department NOC. Court permitted petitioner to approach competent authority for fresh consideration rather than issuing immediate relief.
Petitioner permitted to approach competent authority within two weeks; authority must consider application and pass order within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
THURSDAY, THE 7TH DAY OF NOVEMBER 2013/16TH KARTHIKA, 1935
WP(C).No. 4563 of 2010 (U)
PETITIONER :
V. HAMZA, AGED 53 YEARS, S/O.AHAMMED, VYSYAN HOUSE, KUMBALAKKAD P.O. WAYANAD DISTRICT.
BY ADV. DR.GEORGE ABRAHAM
RESPONDENT(S) :
1. STATE LEVEL COMMITTEE FOR WOOD BASED INDUSTRIES (KERALA), REPRESENTED BY ITS CONVENOR THE CHIEF FOREST CONSERVATOR, OFFICE OF THE CHIEF FOREST CONSERVATOR,
FOREST HEADQUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM-14.
2. THE CENTRAL EMPOWERED COMMITTEE, REP. BY ITS MEMBER SECRETARY, IIND FLOOR CHANAKYA BHAVAN, CHANAKYAPURI, NEW DELHI-21.
3. KANIYAMPATTA GRAMA PANCHAYAT
4. THE SECRETARY, KANIYAMPATTA GRAMA PANCHAYAT, KANIRAMPATTA POST, WAYANAD DISTRICT.
R1 BY SPL. GOVT. PLEADER (FOREST) SRI. M.A. THOMAS KUTTY R2 BY ADV. SRI.P.PARAMESWARAN NAIR, ASGI R4 BY ADV. SRI.MANOJ RAMASWAMY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...2/-
WP(C).No. 4563 of 2010 (U)
APPENDIX
PETITIONER'S EXHIBITS :
| EXT.P1 | : COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE DEPARTMENT OF INDUSTRIES & COMMERCE TO THE PETITIONER'S UNIT. |
|---|---|
| EXT.P2 | COPY OF LETTER DATED 15-5-1989 ISSUED BY THE FOREST RANGE OFFICER, KALPETTA TO THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KALPETTA. |
| EXT.P3 | COPY OF LICENCE ISSUED BY THE KANIYAMPATTA GRAMA PANCHAYAT. |
| EXT.P4 | COPY OF THE LAST RENEWAL OF THE LICENCE UP TO 31-3-2007 BY THE PANCHAYAT FOR THE SAW MILL. |
| EXT.P5 | COPY OF LETTER DATED 23-3-2005 ISSUED BY THE INDUSTRIES DEPARTMENT TO THE GENERAL SECRETARY OF WAYANAD DISTRICT SAW MILL OWNERS' ASSOCIATION. |
| EXT.P6 | COPY OF RECEIPT ISSUED BY THE CHIEF CONSERVATOR OF FOREST DATED 11-6-2008. |
| EXT.P7 | TRUE COPY OF THE JUDGMENT IN WRIT PETITION © NO. 36852/08 DATED 2-1-2009. |
| EXT.P8 | COPY OF THE COMMUNICATION DATED 19-2-2009 ISSUED BY THE 2ND RESPONDENT. |
| EXT.P9 | COPY OF VERIFICATION REPORT OF THE COMPETENT FOREST AUTHORITY. |
| EXT.P10 | COPY OF NO OBJECTION CERTIFICATE ISSUED BY THE 1ST RESPONDENT DATED 1-1-2010. |
| EXT.P11 | COPY OF COVERING LETTER DATED 2-1-2010. |
(Contd...)
WP(C).No. 4563 of 2010 (U)
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
P.R.RAMACHANDRA MENON, J.
W.P.(c) No.4563 OF 2010
Dated this the 7th day of November, 2013
JUDGMENT
It is the case of the petitioner that he started a furniture unit and a
saw mill way back in the 'Eightees' and necessary consents were obtained from the Forest Department as well as from the Industries Department in this regard, apart from clearance from the Local Authority. But in connection with the expiry of the licence in 2007-08, the local authority refused to renew the same for want of necessary NOC from the Forest Department, pursuant to the law declared by the Apex Court in T.N.Godavarman Thirumalpad v. Union of India & Others ( 2002 ( 9) SCALE 91). The petitioner preferred an application before the first respondent, to issue necessary NOC for running the saw mill. Ext.P9 is the verification report which according to the petitioner stands in favour of the petitioner recommending issuance of the same. However, after considering the same, Ext.P1 order was passed by the
first respondent granting No Objection Certificate only in respect of
W.P.(C)No.4563/2010 2
furniture unit. As per Ext.P11 proceedings of the Chief Conservator of
Forest, the petitioner has been let known that since the saw mill and the
furniture unit were sought to be established in the same premises, No Objection Certificate could not be issued for the saw mill. This made the petitioner to approach this Court by filing this writ petition.
virtue of the change in circumstance and also the relevant provisions of law, the petitioner, is ready to shift either of the two units to some other
premises, so as to enable the petitioner's application to be considered for granting NOC for the saw mill.
approach the competent authority by filing necessary application within
W.P.(C)No.4563/2010
3
'two weeks' from the date of receipt of a copy of this judgment, upon which the same will be caused to be considered and appropriate orders
will be passed by the said authority within 'three months' thereafter.
Writ petition stands disposed of.
P.R.RAMACHANDRA MENON JUDGE
sv.
2 issues framed by the court
Whether the petitioner is entitled to immediate issuance of No Objection Certificate for the saw mill unit.
Whether the petitioner can be permitted to approach the competent authority for a fresh consideration of his application.
Colour shows how this judgement treated each authority
T.N.Godavarman Thirumalpad v. Union of India & OthersReferred¶40
T.N.Godavarman Thirumalpad v. Union of India & Others ( 2002 ( 9) SCALE 91)
judgment in W.P.(C) No. 36852/08Referred¶41
2 provisions across 2 enactments
Hamza
State Level Committee for Wood Based Industries (Kerala)
The Central Empowered Committee
Kaniyampatta Grama Panchayat
The Secretary, Kaniyampatta Grama Panchayat
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
P.R. Ramachandran Menon
Parties & counsel
