A.Aravindakshan v. Chief Conservator of Forests
Case brief
What is this about?
Petitioner challenged conditions in a provisional No. Object Certificate (NOC) dated 22.12.2009. Court held no orders necessary as NOC had expired.
Petitioner challenged conditions in a provisional No. Object Certificate (NOC) dated 22.12.2009. Court held no orders necessary as NOC had expired.
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 SMT. JUSTICE P.V.ASHA
TUESDAY, THE 29TH DAY OF NOVEMBER 2016/8TH AGRAHAYANA, 1938
WP(C).No. 19606 of 2010 (A)
PETITIONER(S):
A. ARAVINDAKSHAN, PROPRIETOR, ARAVIND WOOD INDUSTRIES, KOTAKADAVU, P.O. KADALUNDY, KOZHIKODE DISTRICT.
BY ADV. SRI.M.MUHAMMED SHAFI.
RESPONDENT(S):
1. CHIEF CONSERVATOR OF FORESTS, (SPECIAL AFFORESTATION), CONVENOR, STATE LEVEL, COMMITTEE FOR WOOD BASED INDUSTRIES, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 604.
2. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF FOREST, THIRUVANANTHAPURAM - 695 604.
3.
4. THE FOREST RANGE OFFICER, THAMARASSERY, KOZHIKODE - 673 307.
BY SPL. GOVT. PLEADER SRI.SANDESH RAJA.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 19606 of 2010 (A)
APPENDIX
PETITIONER'S EXHIBITS:-
| EXT.P1 | COPY OF THE FACTORY LICENCES ISSUED IN 1990. |
|---|---|
| EXT.P2 | COPY OF THE FACTORY LICENCES ISSUED IN 2009. |
| EXT.P3 | COPY OF THE LICENCE ISSUED BY PANCHAYAT IN 1990. |
| EXT.P4 | COPY OF THE RECEIPT ISSUED BY PANCHAYAT IN 2009. |
| EXT.P5 | COPY OF THE CERTIFICATE OF SSI REGISTRATION. |
| EXT.P6 | COPY OF THE NOC ISSUED IN 2002. |
| EXT.P7 | COPY OF THE NOC ISSUED IN 2008. |
| EXT.P8 | COPY OF THE APPLICATION DATED 30/03/2009. |
| EXT.P9 | COPY OF THE VERIFICATION REPORT. |
| EXT.P10 | COPY OF THE PROVISIONAL NOC DATED 22/12/2009. |
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
P.V.ASHA, J.
W.P(C) No.19606 of 2010-A
Dated this the 29th day of November, 2016
JUDGMENT
This writ petition was filed challenging condition No.(1) in Ext.P10. Ext.P10 was issued provisionally for a period of six months from the date of issue, i.e. 22.12.2009. Thus at this distance of time no orders are necessary with respect to the conditions in Ext.P10, the period of which has already expired.
In the above circumstances, the writ petition is dismissed as infructuous.
Sd/- (P.V.ASHA, JUDGE)
rtr/
1 issue framed by the court
Whether relief in writ petition challenging condition in provisional NOC is necessary given lapse of its validity period.
A. ARAVINDAKSHAN, PROPRIETOR, ARAVIND WOOD INDUSTRIES, KOTAKADAVU, P.O. KADALUNDY, KOZHIKODE DISTRICT.
CHIEF CONSERVATOR OF FORESTS, (SPECIAL AFFORESTATION), CONVENOR, STATE LEVEL, COMMITTEE FOR WOOD BASED INDUSTRIES, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANA
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court