The High Court of Kerala dismissed two writ petitions filed by Jagan John as withdrawn by the petitioner's counsel.
Permission to withdraw the writ petitions was granted.
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 V.G.ARUN
THURSDAY, THE 17TH DAY OF NOVEMBER 2022 / 26TH KARTHIKA, 1944
WP(C) NO. 13729 OF 2019
PETITIONER:
JAGAN JOHN AGED 49 YEARS S/O. THOMAS JOHN, PROPRIETOR, PADAPPANMAKKIL, TIMBER INDUSTRIES, UZHAVOOR P.O, KOTTAYAM-686634. BY ADV BIJU ABRAHAM
RESPONDENTS:
THE UZHAVOOR GRAMA PAMNCHAYATH UZHAVOOR, KOTTAYAM-686634, REPRESENTED BY ITS SECRETARY.
BY ADVS.
RIYAL DEVASSY, GOVERNMENT PLEADER T.P.SAJAN , SPECIAL GOVERNMENT PLEADER (FORESTS) SRI.SUNIL CYRIAC SMT.DONA AUGUSTINE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2022, ALONG WITH WP(C).26306/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.13729 of 2019 & 26306 of 2016
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 17TH DAY OF NOVEMBER 2022 / 26TH KARTHIKA, 1944
WP(C) NO. 26306 OF 2016
PETITIONER:
JAGAN JOHN AGED 46 YEARS S/O.THOMAS JOHN, AGED 46 YEARS,PROPRIETOR, PADAPPANMAKKIL TIMBER INDUSTRIES,UZHAVOOR P.O., KOTTAYAM-686 634.
BY ADV SRI.BIJU ABRAHAM
RESPONDENTS:
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
RIYAL DEVASSY,GOVERNMENT PLEADER T.P. SAJAN, SPECIAL GOVERNMENT PLEADER (FORESTS) SRI.SUNIL CYRIAC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2022, ALONG WITH WP(C).13729/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.13729 of 2019 & 26306 of 2016
3
JUDGMENT
[WP(C) Nos.13729/2019, 26306/2016]
Dated this the 17th day of November, 2022
Learned Counsel for the petitioner seeks permission to withdraw the writ petitions.
The writ petitions are accordingly dismissed as withdrawn.
Sd/-
V.G.ARUN
JUDGE
NB/17-11
WP(C) Nos.13729 of 2019 & 26306 of 2016
4
APPENDIX OF WP(C) 26306/2016
| PETITIONER EXHIBITS EXHIBIT-P1 |
A TRUE BY THE PETITIO |
COPY O UZHAVO NER. |
F TH OR |
E OWNERSHIP CERTIFICATE ISSUED GRAMA PANCHAYATH IN FAVOUR OF |
|---|---|---|---|---|
| EXHIBIT-P2 | A TRUE LOCATIO |
COPY O N OF T |
F T HE S |
HE LOCATION SKETCH SHOWING THE AWMILL. |
| EXHIBIT-P3 | A TRUE ISSUED |
COPY BY THE |
OF 5TH |
THE NO OBJECTION CERTIFICATE RESPONDENT. |
| EXHIBIT-P4 | A TRUE PROVISI THE SMA |
COP ONAL C LL SCA |
Y ERTI LE I |
OF THE RELEVANT PAGES OF FICATE REGISTRATION ISSUED BY NDUSTRY DATED 13.02.2001. |
| EXHIBIT-P5 | A TRUE ISSUED |
COPY BY THE |
OF 5TH |
THE NO OBJECTION CERTIFICATE RESPONDENT DATED 23.05.2009. |
| EXHIBIT-P6 | A TRUE RESPOND |
COPY ENT. |
OF T | HE LICENSE ISSUED BY THE 6TH |
| EXHIBIT-P7 | A TRUE ORDER D CONTRO |
COPY O ATED 0 BOARD. |
F TH 7.03 |
E CONSENT TO OPERATE - RENEWAL .2014 ISSUED BY THE POLLUTION |
| EXHIBIT-P8 | A TRUE ISSUED |
COPY BY THE |
OF 3RD |
THE RECEIPT DATED 01.12.2011 RESPONDENT. |
| EXHIBIT-P9 | A TRUE THE 5TH |
COPY RESPO |
OF NDEN |
THE ORDER DATED 31.05.2014 OF T. |
| EXHIBIT-P10 | A TRUE THE 4TH |
COPY RESPO |
OF NDEN |
THE ORDER DATED 05.07.2014 OF T. |
| EXHIBIT-P11 | A TRUE BEFORE |
COPY THE 2N |
OF D RE |
THE REVISION DATED 15.07.2014 SPONDENT. |
| EXHIBIT-P12 | A TRUE DATED 2 |
COPY O 1.07.2 |
F T 016. |
HE ORDER OF THE 2ND RESPONDENT |
| EXHIBIT-P13 | A TRUE ISSUED |
COPY BY THE |
OF 6TH |
THE LICENSE DATED 06.07.2007 RESPONDENT |
| EXHIBIT-P14 | A TRUE ISSUED |
COPY BY THE |
OF 6TH |
THE LICENSE DATED 03.04.2008 RESPONDENT |
| EXHIBIT-P15 | A TRUE ISSUED |
COPY BY THE |
OF 6TH |
THE LICENSE DATED 28.04.2009 RESPONDENT |
| EXHIBIT-P16 | A TRUE ISSUED |
COPY BY THE |
OF 6TH |
THE LICENSE DATED 20.04.2010 RESPONDENT |
| EXHIBIT-P17 | A TRUE ISSUED |
COPY BY THE |
OF 6TH |
THE LICENSE DATED 31.03.2011 RESPONDENT |
| EXHIBIT-P18 | A TRUE ISSUED |
COPY BY THE |
OF 6TH |
THE LICENSE DATED 02.04.2012 RESPONDENT |
| EXHIBIT-P19 | A TRUE ISSUED |
COPY BY THE |
OF 6TH |
THE LICENSE DATED 12.04.2013 RESPONDENT |
| EXHIBIT-P20 | A TRUE ISSUED |
COPY BY THE |
OF 6TH |
THE LICENSE DATED 01.04.2014 RESPONDENT |
| EXHIBIT-P21 | A TRUE ISSUED |
COPY BY THE |
OF 6TH |
THE LICENSE DATED 01.04.2015 RESPONDENT |
WP(C) Nos.13729 of 2019 & 26306 of 2016
5
APPENDIX OF WP(C) 13729/2019
| PETITIONER EXHIBITS | ||||
|---|---|---|---|---|
| EXHIBIT P1 | A TRUE C BY THE R |
OPY O ESPON |
F THE OWN DENT IN F |
ERSHIP CERTIFICATE ISSUED AVOUR OF PETITIONER. |
| EXHIBIT P2 | A TRUE LOCATION |
COPY OF T |
OF THE LO HE SAWMIL |
CATION SKETCH SHOWING THE L. |
| EXHIBIT P3 | A TRUE ISSUED KOTTAYAM |
COPY BY . |
OF THE THE DIVI |
NO OBJECTION CERTIFICATE SIONAL FOREST OFFICER, |
| EXHIBIT P4 | A TRUE REGISTRA DATED 13 |
COPY TION .02.2 |
OF THE ISSUED BY 001. |
PROVISIONAL CERTIFICATE THE SMALL SCALE INDUSTRY |
| EXHIBIT P5 | A TRUE ISSUED KOTTAYAM |
COPY BY DATE |
OF THE THE DIVI D 23.05.2 |
NO OBJECTION CERTIFICATE SIONAL FOREST OFFICER, 009. |
| EXHIBIT P6 | A TRUE RESPONDE |
COPY NT DA |
OF THE TED 04.04 |
LICENSE ISSUED BY THE .2018. |
| EXHIBIT P7 | A TRUE ORDER DA CONTROL |
COPY TED BOARD |
OF THE C 07.03.2017 . |
ONSENT TO OPERATE-RENEWAL ISSUED BY THE POLLUTION |
| EXHIBIT P8 | A TRUE BY DEPA 28.11.20 |
COPY RTMEN 18. |
OF THE R T OF FAC |
ENEWAL CERTIFICATE ISSUED TORIES AND BOILERS DATED |
| EXHIBIT P9 | A TRUE ISSUED B |
COPY Y THE |
OF THE RESPONDE |
RECEIPT DATED 29.03.2019 NT. |
| EXHIBIT P10 | A TRUE 02.05.20 |
COP 19 OF |
Y OF T THE DIVI |
HE COMMUNICATION DATED SIONAL FOREST OFFICER. |
| EXHIBIT P11 | A TRUE DATED 04 |
COPY .05.2 |
OF THE 019. |
ORDER OF THE RESPONDENT |
RESPONDENTS' EXHIBITS:
TRUE COPY
P.A. TO JUDGE
JAGAN JOHN
UZHAVOOR GRAMA PANCHAYATH
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
