Partly allowed

B.Divakaran Pillai @ Divakaran Nair v. the Divisional Forest Officer, Thiruvananthapuram

Kerala HC20 Jul 2017WP(C)/12561/2012

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ petition challenging a Forest Department order closing a sawmill due to unauthorized capacity increase. The Court held the petitioner must function under the 2012 Rules regarding sawmills and granted a three-month extension to obtain a new licence.

What did the court decide?

Petitioner allowed to function in accordance with new Rules; granted three months to obtain licence under new Rules without coercive steps.

B.Divakaran Pillai @ Divakaran Nair Vs the Divisional Forest… — Land Acquisition | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THURSDAY, THE 20TH DAY OF JULY 2017/29TH ASHADHA, 1939

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WP(C).No. 12561 of 2012 (U)

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PETITIONER(S):

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B.DIVAKARAN PILLAI @ DIVAKARAN NAIR, DEEPU SAW MILL AND FURNITURE INDUSTRY, DEEPA SADANAM, VENKULAM, EDAVA P.O. THIRUVANANTHAPURAM.

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BY ADVS.SMT.SUMATHY DANDAPANI (SR.) SRI.MILLU DANDAPANI

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RESPONDENT(S):

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THE DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE, THIRUVANANTHAPURAM - 695 316.

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BY SPECIAL GOVERNMENT PLEADER SRI.SANDESH RAJA K.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 12561 of 2012 (U)

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APPENDIX

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PETITIONERS' EXHIBITS

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EXT.P-1 PHOTOCOPY OF CERTIFICATE OF REGISTRATION BEARING NO.TIN 3201192304 ISSUED TO THE PETITIONER VIDE SERIAL NO.89293 DATED 30.6.2007 REFERRED TO IN THE WRIT PETITION (CIVIL).

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EXT.P-2 PHOTOCOPY OF COMMUNICATION VIDE NO.A7-350/06 DATED 15.9.2006 ISSUED BY THE SECRETARY, EDAVA SPECIAL GRADE GRAMA PANCHAYATH TO THE PETITIONER.

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EXT.P-3 PHOTOCOPY OF RENEWED LICENCE NO.D&O.19/2009-10 DATED 6.5.2009 ISSUED BY THE SECRETARY, EDAVA SPECIAL GRADE GRAMA PANCHAYATH TO THE PETITIONER UPTO 31.10.2010

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EXT.P-4 PHOTOCOPY OF RENEWED LICENCE NO.D&O.44/2011-12 DATED 1.6.2011 ISSUED BY THE SECRETARY EDAVA SPECIAL GRADE GRAMA PANCHAYATH TO THE PETITIONER UPTO 31.3.2012.

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EXT.P-5 PHOTOCOPY OF RENEWED LICENCE NO.A100(7) 2012-2013 DATED 17.4.2012 ISSUED BY THE SECRETARY EDAVA SPECIAL GRADE GRAMA PANCHAYATH TO THE PETITIONER UPTO 31.3.2013.

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EXT.P-6 PHOTOCOPY OF JUDGEMENT OF THIS HONOURABLE COURT, DATED 25.6.2007 RENDERED IN WPC NO.12641 OF 2007 B.

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EXT.P-7 PHOTOCOPY OF INTERIM ORDER DATED 24.5.2007 IN O.S. NO.105 OF 2007 ON THE FILE OF MUNSIFF COURT, VARKALA WITHOUT SCHEDULE.

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EXT.P-8 PHOTOCOPY OF INTERIM ORDER OF THIS HONOURABLE COURT, DATED 2.4.2009 RENDERED IN I.A.NO.3991 OF 2009 IN WPC NO.24085 OF 2008 P

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WP(C).No. 12561 of 2012 (U)

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EXT.P-9 PHOTOCOPY OF THE RECEIPT OF THE RETURN IN FORM NO.10 OF THE VALUE ADDED TAX RULES 2005, FOR THE ASSESSMENT YEAR 2010-2011 REFERRED TO IN THE WRIT PETITION (CIVI).

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EXT.P-10 PHOTOCOPY OF THE RECEIPT OF THE RETURN IN FORM NO.10 OF THE VALUE ADDED TAX RULES 2005 FOR THE ASSESSMENT YEAR 2011-2012 REFERRED TO IN THE WRIT PETITION (CIVIL).

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EXT.P-11 PHOTOCOPY OF ORDER NO.A1-4734/2006 DATED 28.5.2012 THAT HAS BEEN STICKED ON THE BUILDING WHERE THE SAW MILL QUESTION IS RUN BY THE PETITIONER.

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RESPONDENT(S)' EXHIBITS - NIL

/TRUE COPY/

PS TO JUDGE

A.MUHAMED MUSTAQUE, J.

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=========================

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W.P.(C).No.12561/2012

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Dated this the 20^th day of July, 2017

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J U D G M E N T

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The writ petition was filed challenging Exhibit-P11 issued by the Divisional Forest Officer, Thiruvananthapuram. The petitioner was running a sawmill. In the light of the Supreme Court directions, he was given a noobjection certificate to run the sawmill with 4.5HP motor. However, it appears that he has increased the capacity of the motor to 45HP without obtaining permission from the Forest Department. Noting the illegality, the Divisional Forest Officer issued Exhibit-P11 directing the petitioner to stop the functioning of the sawmill.

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This Court on 31.5.2012 passed an interim order of stay of Exhibit-P11, which is still in force.

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It is to be noted that, in the meanwhile, the Kerala Forest (Regulation of Sawmills and Other Wood-based Industrial Units) Rules, 2012 came into force with effect from 19/4/2012. Rule 3(4) restricts

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WPC 12561/2012

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-:2:-

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establishment of sawmill and other wood-based industries. The specific provision is made under Rule 3(4) permitting Authorized Officer to grant a licence to a sawmill or wood-based industrial unit which was functioning on or before 30/10/2002 on the strength of the licence issued by the Local Self Government Institutions or the Department of Factories and Boilers with an installing capacity as permitted as per the licence.

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This court is of the view that the petitioner can be allowed to function only in accordance with the Rules framed under the Kerala Forest (Regulation of Sawmills and Other Wood-based Industrial Units) Rules, 2012. Therefore, the petitioner will have to function in accordance with the licence issued under the above Rules. Thus, it is ordered that hereafter the petitioner will have to function only in accordance with the above Rules and as per the licence issued under the above Rules. However, if the petitioner had not obtained any licence under the new Rules, he shall be given three months time to obtain the same and no coercive steps shall be taken against the petitioner during that period.

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The writ petition is disposed of as above.

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Sd/- A.MUHAMED MUSTAQUE, JUDGE

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B.Divakaran Pillai @ Divakaran Nair v. the Divisional Forest Officer, Thiruvananthapuram

Case brief

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B.Divakaran Pillai @ Divakaran Nair v. the Divisional Forest Officer, Thiruvananthapuram

Case brief

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What did the court decide?

What the court decided

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