In a writ petition, the petitioner challenged a decision regarding a No Objection Certificate. The respondent Government Pleader submitted that the certificate was already granted, rendering the petition infructuous. The High Court dismissed the petition on that ground.
The writ petition was dismissed as infructuous.
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 A.V.RAMAKRISHNA PILLAI
FRIDAY, THE 13TH DAY OF FEBRUARY 2015/24TH MAGHA, 1936
WP(C).No. 7294 of 2012 (J)
PETITIONER
N.P. SARA , AGED 45 YEARS PROPRIETOR, KOTTOPADAM SAW MILL BHEEMANAD P.O.ALANALLUR, PALAKKAD - 678 601.
BY ADVS.SRI.C.ANILKUMAR (KALLESSERIL) SRI.C.Y.VINOD KUMAR
RESPONDENT(S):
1. CHIEF CONSERVATOR OF FORESTS (SPECIAL AFFORESTATION) & NODEL OFFICER FOREST HEADQUARTERS, VAZHUTHACAUD THIRUVANANTHAPURAM - 695 010.
2. THE DIVISIONAL FOREST OFFICER MANNARGHAT DIVISION, MANNARGHAT, PALAKKAD - 678 603.
3. FOREST RANGE OFFICER
R BY GOVERNMENT PLEADER SUMITHA VINOD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 7294 of 2012 (J)
APPENDIX
PETITIONER(S) EXHIBITS
EXT.P-2 TRUE COPY OF THE RENEWAL OF LICENCE DATED 16.5.2011 ISSUED BY THE JOINT DIRECTOR OF FACTORIES & BOILERS, KOZHIKODE TO THE PETITIONER.
EXT.P-3 TRUE COPY OF INVOICE NO.GB15 NO.016886 DATED 10.6.1999 ISSUED TOWARDS CURRENT CHARGES FOR THE SSI UNIT OF THE PETITIONER.
EXT.P-4 TRUE COPY OF THE LICENCE ISSUED BY THE KOTTOPADAM GRAMA PANCHAYATH TO THE PETITIONER FOR CONDUCTING SAW MILL ON 11.5.1998.
EXT.P-5 TRUE COPY OF THE RENEWAL OF THE LICENCE FROM 1.4.1999 TO 31.3.2000 ISSUED BY THE KOTTOPADAM GRAMA PANCHAYATH TO THE PETITIONER.
EXT.P5(a) TRUE COPY OF THE RENEWAL OF THE LICENCE FOR THE PERIOD UP TO 31.3.2001 ISSUED BY THE KOTTOPADAM GRAMA PANCHAYATH TO THE PETITIONER.
EXT.P-6 TRUE COPY OF THE RENEWAL OF THE LICENCE UP TO 31.3.2012 ISSUED BY THE KOTTOPADAM GRAMA PANCHAYATH TO THE PETITIONER.
WP(C).No. 7294 of 2012 (J)
--2--
EXT.P-10 TRUE COPY OF THE ACKNOWLEDGMENT FOR ACCEPTANCE OF THE APPLICATION DATED 23.7.2011 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT.
EXT.P-11 TRUE COPY OF THE ENQUIRY REPORT SENT BY THE DIVISIONAL FOREST OFFICER, MANNARKKAD DIVISION TO THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS
NIL
TRUE COPY
P.A TO JUDGE
SMM
A.V.RAMAKRISHNA PILLAI,J
W.P.(C)No. 7294 of 2012
Dated this the 13th day of February,2015.
J U D G M E N T
The learned Government Pleader submits that No Objection Certificate as requested by the petitioner has already been granted. As there is no surviving cause of action, the matter has become infructuous.
Therefore, the writ petition is dismissed as
infructuous.
A.V.RAMAKRISHNA PILLAI, JUDGE
smm
N.P. SARA
CHIEF CONSERVATOR OF FORESTS (SPECIAL AFFORESTATION) & NODEL OFFICER
A.V. RAMAKRISHNA PILLAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
