In a writ petition challenging conditions of a provisional No Objection Certificate, the Court held that the petitioner's challenge became infructuous as the certificate period had lapsed and a new unconditional order was ordered.
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
MONDAY, THE 28TH DAY OF NOVEMBER 2016/7TH AGRAHAYANA, 1938
WP(C).No. 22664 of 2010 (G)
PETITIONER(S):
ABUBACKER HAJI, AGED 66 YEARS, PUTHIYA PARAMBATH HOUSE, CHERUVANNUR, P.O. FEROKE, 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.
2. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF FOREST, THIRUVANANTHAPURAM.
3. THE DIVISIONAL FOREST OFFICER, KOZHIKODE.
4. THE FOREST RANGE OFFICER, THAMARASSERY, KOZHIKODE.
BY SPL. GOVT. PLEADER (FOREST) SRI.SANDESH RAJA.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 22664 of 2010 (G)
APPENDIX
PETITIONER'S EXHIBITS:-
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
P.V.ASHA, J.
W.P.(C) No.22664 of 2010
Dated this the 28th day of November, 2016
JUDGMENT
This writ petition is filed challenging condition No.1 in Ext.P6. From Ext.P6 itself it is evident that no objection certificate was granted to the petitioner for a period of six months from the date of issue of the order subject to the conditions mentioned therein. The six months period mentioned in Ext.P6 order has already been lapsed. More over the learned Government Pleader on instructions submits that the no objection certificate has been ordered to be granted for a period of three years without insisting on any condition for conducting sawmills in this area. Under the above circumstances, the writ petition is dismissed as infructuous.
sd/- P.V.ASHA JUDGE
rkc
ABUBACKER HAJI
CHIEF CONSERVATOR OF FORESTS
THE STATE OF KERALA
THE DIVISIONAL FOREST OFFICER
THE FOREST RANGE OFFICER
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
