Petitioner challenged an order directing closure of his sawmill. Court noted new 2012 regulations require a fresh licence. Petition disposed with direction to obtain necessary licence to operate. No costs.
None; petitioner directed to obtain licence under new 2012 Rules to run the sawmill.
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.MUHAMED MUSTAQUE
THURSDAY, THE 20TH DAY OF JULY 2017/29TH ASHADHA, 1939
WP(C).No. 19162 of 2011 (U) ----------------------------
PETITIONER:
M.K.SURESH, ASOKA BHAVAN, MANNUVAYAL, ALACHERRY, YEROOR PO, KOLLAM DISTRICT
BY ADV. SRI.T.G.RAJENDRAN
RESPONDENTS:
1. STATE OF KERALA, REP. BY THE SECRETARY, FOREST DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM 695 014.
3. CHIEF CONSERVATOR OF FORESTS, SPECIAL AFFORESTATION & NODAL OFFICER, CONVENOR, STATE LEVEL COMMITTEE, KERALA, FOREST HEAD, QUARTERS, VAZHTHACAUD, THIRUVANANTHAPURAM 695 014.
4. CENTRAL EMPOWERED COMMITTEE, REP BY THE MEMBER SECRETARY,GATE NO.31, JAWAHARLAL NEHRU, STADIUM LOADI ROAD, NEW DELHI 110 003.
5. THE DIVISIONAL FOREST OFFICER, KOLLAM 691 001.
6. THE RANGE OFFICER, ANCHAL,KOLLAM 691 001 7. THE SECRETARY, YEROOR GRAMA PANCHAYATH KOLLM 691 001. R,R7 BY ADV. SRI.R.ARUN RAJ R,R7 BY ADV. SRI.R.KRISHNAKUMAR (CHERTHALA) BY SPECIAL GOVERNMENT PLEADER SRI. SANDESH RAJA .K
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 19162 of 2011 (U)
APPENDIX
PETITIONER EXHIBITS:
| EXHIBIT | P1 | TRUE COPY OF THE SSI REGISTRATION CERTIFICATE |
|---|---|---|
| EXHIBIT | P2 | TRUE COPY OF THE LICENCE ISSUED BY THE YEROOR GRAMA PANCHAYATH DATED 18.12.2000 |
| EXHIBIT | P3 | TRUE COPY OF THE LICENCE DATED 15.3.2010 |
| EXHIBIT | P4 | TRUE COPY OF THE RECEIPT OT REMIT THE LICENCE FEE DATED 6.3.2011 |
| EXHIBIT | P5 | TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT DATED 9.9.2010 |
| EXHIBIT | P6 | TRUE COPY OF THE VERIFICATION REPORT SUBMITTED ON THE BASIS OF APPLICATION FOR NOC FOR WOOD BASED INDUSTRY |
| EXHIBIT | P7 | TRUE COPY OF THE COMMUNICATION SENT BY THE 6TH RESPONDENT DATED 5.7.2011 |
| EXHIBIT | P8 | TRUE COPY OF THE LETTER DATED 16.6.2004 OF THE 1ST RESPONDENT TO DIRECTOR OF INDUSTRIES AND COMMERCE |
| EXHIBIT | P9 | A COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP (C) 99/2011 |
| EXHIBIT | P10 | COPY OF THE LETTER OF THE SEC, THE 3RD RESPONDENT LETTER NO. FC 3-5802/2010 DATED 14.12.2010 |
| EXHIBIT | P11 | THE PETITIONER IS PRODUCING HEREWITH A COPY OF THE ORDER IN WP (C) 8345/2011 DATED 23.3.2011 |
| EXHIBIT | P12 | A COPY OF THE ORDER IN WP(C) 19606/2010 DATED 23.6.2010 |
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
bng
A.MUHAMED MUSTAQUE, J. =========================
W.P.(C).No.19162/2011
J U D G M E N T
The petitioner approached this court in the year 2011 challenging
Exhibit-P7 issued by the Forest Range Officer, Anchal directing the petitioner to close down the sawmill wood-based industry being run by him. The petitioner claims that the industrial unit got registration in the year 1982.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ms
1 issue framed by the court
Whether to allow the petitioner to run the sawmill subject to obtaining a licence under the Kerala Forest (Regulation of Sawmills and Other Wood-based Industrial Units) Rules, 2012.
M.K.SURESH
STATE OF KERALA
THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
CHIEF CONSERVATOR OF FORESTS
CENTRAL EMPOWERED COMMITTEE
THE DIVISIONAL FOREST OFFICER, KOLLAM
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
