Dismissed

C.B.Udayakumar, v. the State of Kerala

Kerala HC7 Jul 2023WP(C)/15392/2022

Case brief

AI extract

What is this about?

In WP(C) No. 15392 of 2022, the Kerala High Court disposed of a writ petition regarding sawmill license renewal. The court directed the first respondent to consider a pending revision petition within two months and continued the status quo for one week thereafter.

What did the court decide?

Directed the 1st respondent to consider the pending revision petition (Ext. P16) within two months and maintain status quo for one week thereafter.

C.B.Udayakumar, Vs the State of Kerala — Service and Employment | Kerala HC (2023)

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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 P.V.KUNHIKRISHNAN
FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
WP(C) NO. 15392 OF 2022

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PETITIONER:

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C.B.UDAYAKUMAR,
AGED 55 YEARS, PROPRIETOR,
M/S. B.R.WOOD INDUSTRIES, MANGADU P.O.,
KOLLAM, THROUGH HIS POWER OF ATTORNEY HOLDER
MR.C.B.JAYAKUMAR, AGED 55 YEARS,
S/O.K.V.BHARATHAN, R/O. SALILALAYAM,
MANGAD P.O., MANGAD VILLAGE, KOLLAM-691 015.
BY ADVS.
P.SREEKUMAR
S.GANESH

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, KERALA FOREST AND WILDLIFE DEPARTMENT, ROOM NO.403, 4TH FLOOR, ANNEX I, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE CHIEF FOREST CONSERVATOR, OFFICE OF CHIEF FOREST CONSERVATOR, SOUTHERN CIRCLE, KOLLAM-691 001.

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3 THE DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE, PUNALUR FOREST DIVISION, PUNALUR P.O., KOLLAM-691 305.

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4 DR.AJITHAKUMARI.K., D/O.LATE KAMAKABHAI, KRISHNA, POONTHI ROAD, ANAYARA P.O., THIRUVANANTHAPURAM-695 029.

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5 ANILKUMAR, S/O.PRABHAKARAN, KIZHAKKEVILA MEKKEVEEDU, MANGADU P.O., KOLLAM, NOW RESIDING AT KAMALALAYAM, KARAMKODU P.O., KOLLAM-691 529.

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6 DR.JAYAKUMAR PRABHAKARAN, S/O.PRABHAKARAN, KRIPA, KARAMCODE P.O., KOLLAM-691 572.

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BY ADV ADVOCATE GENERAL OFFICE KERALA

WP(C).No.15392 /2022

OTHER PRESENT:

SRI.SANGEETH.C.U, GP FOR SPL.GP(FOREST)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.07.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C).No.15392 /2022

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P.V.KUNHIKRISHNAN, J.

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W.P.(C).No.15392 of 2022

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Dated this the 07^th day of July, 2023

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JUDGMENT

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This writ petition is filed with following prayers:

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i. issue a writ of certiorari or any other appropriate writ order or direction calling for the records leading to Exhibit-P15 order and to quash the same;

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ii. issue a writ of mandamus or any other appropriate writ declaring that the Kerala Forest (Regulation of Sawmills and Other Wood-based Industrial Units) Rules, 2021 do not prescribe production of Possession Certificate and Land Tax receipt for renewing the saw mill licence;

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iii. declare that the petitioner is entitled to get the license for the saw mill renewed in the light of the possession of the property enjoyed by the petitioner.

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iv. issue a writ of mandamus or any other writ or order directing the 1^st respondent to consider Exhibit P1 revision petition, while keeping the implementation of Exhibits P10 and P15 in abeyance.

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WP(C).No.15392 /2022

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v. declare that the respondent forest officials are acting beyond their authority while declaring the possession of the property, wherein the saw mill is situated, by the petitioner is illegal.

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vi. issue such other writ, order or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case.

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(SIC)

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When this writ petition came up for consideration,

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the counsel for the petitioner submitted that the petitioner already filed a revision before the 1^st respondent, as evident by Ext.P16. If that be the case, this writ petition itself can be disposed of directing the 1^st respondent to consider Ext.P16 within a time frame. Till then, status quo as on today can be continued because there was an interim order in force.

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Therefore, this writ petition is disposed of in the following manner:

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The 1^st respondent is directed to consider and pass appropriate orders in Ext.P16, after affording an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within two months from the date of receipt of a stamped certified copy of this judgment.

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WP(C).No.15392 /2022

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Till final orders are passed in Ext.P16 and the same is communicated to the petitioner and for a period of one week thereafter, status quo as on today shall be continued.

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sd/-

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P.V.KUNHIKRISHNAN JUDGE

WP(C).No.15392 /2022

APPENDIX OF WP(C) 15392/2022

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`PETITIO` `Exhibit`	`NER EXHI` `P1`	`BITS` `TRUE COPY OF` `10.06.2016.`	`THE`	`RENT AGREEMENT DATED`
`Exhibit`	`P2`	`TRUE COPY OF` `RENEWAL OF L` `PETITIONER.`	`THE` `ICENC`	`APPLICATION FOR` `E SUBMITTED BY THE`
`Exhibit`	`P3`	`TRUE COPY OF` `CHIEF FOREST` `10.10.2019.`	`THE` `CONS`	`COMMUNICATION OF` `ERVATOR DATED`
`Exhibit`	`P4`	`TRUE COPY OF` `HON'BLE HIGH`	`THE` `COUR`	`INTERIM ORDER OF THE` `T DATED 24.01.2022.,`
`Exhibit`	`P5`	`TRUE COPY OF` `PETITIONER D`	`THE` `ATED`	`LETTER OF THE` `25.01.2022.`
`Exhibit`	`P6`	`TRUE COPY OF` `NO.3 DATED 1` `OVER TO PETI`	`THE` `0.01.` `TIONE`	`LETTER OF RESPONDENT` `2022 WHICH WAS HANDED` `R ON 25.01.2022.`
`Exhibit`	`P7`	`TRUE COPY OF` `DATED 27.01.`	`THE` `2022.`	`LETTER OF PETITIONER`
`Exhibit`	`P8`	`TRUE COPY OF` `HON'BLE HIGH` `WPC NO.1759/`	`THE` `COUR` `2022.`	`INTERIM ORDER OF THE` `T DATED 03.02.2022 IN`
`Exhibit`	`P9`	`TRUE COPY OF` `04.02.2022 S` `PETITIONER.`	`THE` `UBMIT`	`LETTER DATED` `TED BY THE`
`Exhibit`	`P10`	`TRUE COPY OF` `01.02.2022 A` `PETITIONER O` `APPLICATION`	`THE` `ND RE` `N 08.` `FOR R`	`LETTER DATED` `CEIVED BY THE` `02.2022 REJECTING THE` `ENEWAL OF LICENCE.`
`Exhibit`	`P11`	`TRUE COPY OF` `GRANTED BY T` `KOLLAM IN IA` `DATED 09.02.`	`THE` `HE HO` `NO.1` `2022.`	`TEMPORARY INJUNCTION` `N'BLE MUNSIFF COURT,` `/2022 IN OS 117/2022`
`Exhibit`	`P12`	`TRUE COPY OF` `COURT IN WPC` `18.02.2022.`	`THE` `NO.4`	`ORDER OF HON'BLE HIGH` `631/2022 DATED`
`Exhibit`	`P13`	`TRUE COPY OF` `RESPONDENT N`	`THE` `O.3 D`	`ORDER OF THE` `ATED 05.02.2022.`
`Exhibit`	`P14`	`TRUE COPY OF` `PETITIONER D`	`THE` `ATED`	`APPEAL FILED BY THE` `25.02.2022.`

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WP(C).No.15392 /2022

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Exhibit P15TRUE COPY OF THE ORDER DATED
26.04.2022 OF THE RESPONDENT NO.2 AND
RECEIVED BY THE PETITIONER ON
03.05.2022.
Exhibit P16TRUE COPY OF THE REVISION PETITION
FILED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT DATED 05.05.2022.
RESPONDENT EXHIBITS
EXHIBIT R3(a)TRUE COPY OF THE STATEMENT OF POWER OF
ATTORNEY HOLDER OF THE PETITIONER
DATED 01/02/2022

C.B.Udayakumar, v. the State of Kerala

Case brief

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C.B.Udayakumar, v. the State of Kerala

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