This appeal challenged an order dismissing a writ petition seeking a declaration that the appellant's furniture unit, using old joinery, was not a 'wood-based industrial unit' under the 2012 Rules. The Court held the unit was covered.
The writ appeal filed to challenge the dismissal of the writ petition seeking exemption from forest rules is dismissed.
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 THE CHIEF JUSTICE MR.ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
THURSDAY, THE 15TH DAY OF FEBRUARY 2018 / 26TH MAGHA, 1939
WA.No. 328 of 2018 IN WPC. 24224/2012 AGAINST THE JUDGMENT IN WA 24224/2012 of HIGH COURT OF KERALA DATED 27-11-2017
APPELLANT(S)/PETITIONER
K.KUTTAN NAIR, AGED 79,S/O.LATE ACHUTHAN NAIR,PROPRIETOR,"ANUGRAHA TIMBER PRODUCTS",GANDHI ROAD,MEZHATHUR.P.O,OTTAPALAM,PALAKKAD DISTRICT-679534.
BY ADV.SRI.G.SREEKUMAR (CHELUR)
RESPONDENT(S)/RESPONDENTS
BY SPL. GOVERNMENT PLEADER SRI.SANDESH RAJA
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, C.J. &
DAMA SESHADRI NAIDU, J.
W. A. No.328 of 2018
Dated this the 15th day of February, 2018
JUDGMENT
Antony Dominic, C.J.
The appellant is the petitioner in W.P.(C) No.24224 of 2012. The said writ petition was filed seeking a declaration that his Industrial Unit which uses only dismantled old joinery as raw materials is not covered by the Kerala Forest (Regulation of Sawmills and Other Wood-based Industrial Units) Rules, 2012, (for short, “the Rules”). He also sought a direction requiring the respondents to refrain from compelling the petitioner to take licence under the Rules. The writ petition having been dismissed, this appeal is filed.
W. A. No.328 of 2018
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W. A. No.328 of 2018
“(r) 'wood based industrial unit' means any industrial unit which processes wood as its raw material and includes sawmills, furniture units, veneer units, plywood units, match wood units, particle board units and such other units.”
that he is not using round logs as found by the learned
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W. A. No.328 of 2018
single Judge, according to us, it is unnecessary to go into that controversy and therefore, we are not inclined to examine that contention.
Sd/-
ANTONY DOMINIC CHIEF JUSTICE
Sd/-
DAMA SESHADRI NAIDU JUDGE
kns/-
//TRUE COPY//
P.S. TO JUDGE
1 issue framed by the court
Whether an industrial unit using dismantled old joinery as raw material for furniture manufacture is exempt from licensing under the Kerala Forest (Regulation of Sawmills and Other Wood-based Industri
1 provisions across 1 enactments
K.KUTTAN NAIR
THE STATE OF KERALA
ANTONY DOMINIC
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
