Disposed

P.v.Muhamood Haji v. Divisional Forest Officer

Kerala HC20 Jul 2022WP(C)/6887/2021

Case brief

AI extract

What is this about?

Petitioner aggrieved by notice to dismantle sawmill machinery for alleged excess capacity. Court held factual dispute requires evidentiary resolution in civil forum, not writ jurisdiction. Petitioner directed to apply for license enhancement.

What did the court decide?

Petitioner directed to approach Divisional Forest Officer with application and independent evidence; directed hearing to be afforded; dismantling stayed pending decision.

P.v.Muhamood Haji Vs Divisional Forest Officer — Property and Title | Kerala HC (2022)

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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 V.G.ARUN

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WEDNESDAY, THE 20TH DAY OF JULY 2022 / 29TH ASHADHA, 1944

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WP(C) NO. 6887 OF 2021

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PETITIONER/S:

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P.V.MUHAMOOD HAJI

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AGED 75 YEARS
S/O. MOIDU, 'ARAFA', KADALOOR P.O, KOYILANDY,
KOZHIKODE, PIN - 673529.
BY ADVS.
M.P.MADHAVANKUTTY
KUM. K. REMIYA RAMACHANDRAN

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RESPONDENT/S:

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1 DIVISIONAL FOREST OFFICER

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KOZHIKKODE, PIN - 673001.

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2 RANGE FOREST OFFICER PERUVANNAMOOZHY FOREST RANGE, KOZHIKKODE DISTRICT, PIN - 673528.

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3 MOODADY GRAMA PANCHAYATH KADALOOR P.O, KOYILANDY VIA, KOZHIKODE DISTRICT, PIN - 673529, REPRESENTED BY ITS SECRETARY.

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4 SECRETARY MOODADY GRAMA PANCHAYATH, KADALOOR P.O, KOYILANDY VIA, KOZHIKKODE DISTRICT, PIN - 673529.

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5 ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, 3RD FLOOR, ZAMORIN SQUARE, LINK ROAD, KOZHIKKODE DISTRICT, PIN - 673002.

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6 ASSISTANT ENGINEER ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, THIKKODY, KOZHIKKODE, PIN - 673529.

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BY ADV GOVERNMENT PLEADER

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OTHER PRESENT:

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SPL.GP.FORESTS T.P.SAJAN; GP AMMINIKUTTY K; SC FOR PCB
T. NAVEEN; SC FOR KWA P.M.JOHNNY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 6887 OF 2021

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JUDGMENT

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Dated this the 20^th day of July, 2022

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The petitioner is conducting a Sawmill for the past many years and is aggrieved by Ext.P7 order, requiring him to dismantle the machinery of the licenced capacity of 12HP. Ext.P7 notice is issued on the premise that the petitioner does not possess licence for conducting the Saw Mill with 40 HP capacity, as mandated under the Kerala Forest (Regulation of Sawmills and other Wood based Industrial Units) Rules 2002 (‘the Rules’ for short). The procedure for enhancing the capacity is prescribed in the Rules and the petitioner having established his unit after 30.10.2002, the earlier capacity cannot be enhanced without obtaining sanction from the authorities.

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2.Learned counsel for the petitioner submits that even going by the documents produced along with the counter affidavit filed by the respondents, the petitioner's Unit was functioning with 40 HP capacity prior to 30.10.2002. The learned Special Government Pleader contended that no reliance can be placed on these documents, since the documents are apparently forged. As such, the petitioner will have to produce other evidence to establish his claim of having conducted the saw mill with 40 HP capacity prior to

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WP(C) NO. 6887 OF 2021

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30.10.2002.

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As the factual dispute involved cannot be resolved in a writ petition under Articles 226, the petitioner is directed to approach the Divisional Forest Officer with an application and produce independent evidence in support of his claim. If such an application is submitted, along with the necessary documents, the same shall be considered by the 1^st respondent and appropriate decision taken after, affording an opportunity of hearing to the petitioner. The decision, as directed above, should be taken within outer limit of two months of receipt of a copy of this judgment. Till the decision is taken, the machineries in the sawmill shall not be forcefully

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dismantled.

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Sd/V.G ARUN JUDGE

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WP(C) NO. 6887 OF 2021

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APPENDIX OF WP(C) 6887/2021

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PETITIONER EXHIBITS

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EXHIBIT P1TRUE COPY OF THE CERTIFICATE DATED
10.10.2017 ISSUED FROM THE OFFICE OF THE
ASSISTANT ENGINEER, ELECTRICAL SECTION,
K.S.E.B, THIKKODY.
EXHIBIT P2TRUE COPY OF THE LICENCE NO.
WBI/KKD/PMY/CAT.01/GI-6838/13 DATED
30.01.2014 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P3TRUE COPY OF THE D AND O LICENCE GRANTED
TO THE PETITIONER BEARING NO. 57/16-17
DATED 31.05.2016.
EXHIBIT P4TRUE COPY OF INTEGRATED CONSENT TO OPERATE
DATED 29.04.2017 ISSUED BY KERALA STATE
POLLUTION CONTROL BOARD.
EXHIBIT P5TRUE COPY OF THE LETTER DATED 05.01.2021
BEARING NO. G1-2597/17 FROM THE DIVISIONAL
FOREST OFFICER, KOZHIKKODE.
EXHIBIT P6TRUE COPY OF THE REPLY DATED 21.01.2021 TO
THE 1ST RESPONDENT BY THE PETITIONER.
EXHIBIT P7TRUE COPY OF THE NOTICE BEARING NO. G1-
2597/2017 DATED 16.02.2021 ISSUED BY THE
1ST RESPONDENT.

P.v.Muhamood Haji v. Divisional Forest Officer

Case brief

What is this about?

What did the court decide?

P.v.Muhamood Haji v. Divisional Forest Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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