Disposed

Sasi.K.B v. the Range Forest Officer

Kerala HC9 Apr 2024WP(C)/14375/2019

Case brief

AI extract

What is this about?

Cross-filed writ petitions concerning a saw mill and furniture shop in Murikkassery: one sought enforcement action against the business, the other sought licence renewal by the Panchayat. The Panchayat's standing counsel submitted that the business was already closed and the building not in the petitioners' possession, so both writ petitions were closed as nothing survived.

What the court decided

AI extract

Sasi.K.B Vs the Range Forest Officer — Kerala HC (2024) — LawSathi Research

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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
TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946
WP(C) NO. 14375 OF 2019

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PETITIONER:

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SASI.K.B
AGED 53 YEARS
KONEL HOUSE, MURIKKASSERY P.O.,-685 604
BY ADV G.SREEKUMAR (CHELUR)

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RESPONDENTS:

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1 THE RANGE FOREST OFFICER AYYAPPANKOVIL RANGE, KANCHIYAR P.O., IDUKKI DISTRICT-685 662

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2 THE DIVISIONAL FOREST OFFICER, KOTTAYAM, KOTTAYAM P.O.,-686 001

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3 THE CHIEF CONSERVATOR OF FOREST, HIGH RANGE CIRCLE, KOTTAYAM-686 001

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4 THE VATHIKUDY GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, MURIKKASSERY P.O.,-685 606,IDUKKI DISTRICT

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5NOBY K.JOY,
KUDIYIRICKAL HOUSE, MURIKKASSERY P.O.
685 606,IDUKKI DISTRICT
BY ADVS.

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JOMY K. JOSE
SRI.LATHEESH SEBASTIAN
SRI.E.A.BIJUMON
SRI.B.S.SYAMANTAK, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.04.2024, ALONG WITH WP(C).35842/2019, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos.14375 & 35842 of 2019

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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
TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946
WP(C) NO. 35842 OF 2019

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PETITIONERS:

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1VARKY PAILY,
AGED 65 YEARS
S/O.PAILY, KUIYIRICKAL (H),
MURICKASSERY P.O., MURICKASSERY,
IDUKKI - 685 604.

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2NOBY K.JOY,
AGED 38 YEARS
S/O.VARKY PAILY, KUDIYIRICKAL (H),
MURICKASSERY P.O., MURICKASSERY,
IDUKKI - 685 604.
BY ADV E.A.BIJUMON

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 VATHIKKUDY GRAMA PANCHAYATH, REPRESENTED BY SECRETARY, MURICKASSERY P.O., IDUKKI DISTRICT - 685 604. BY ADV JOMY K. JOSE SRI.B.S.SYAMANTAK, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.04.2024, ALONG WITH WP(C).14375/2019, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos.14375 & 35842 of 2019

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P.V.KUNHIKRISHNAN, J.

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W.P.(C).Nos.14375 & 35842 of 2019

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---------------------------------------------Dated this the 09^th day of April, 2024

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JUDGMENT

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These writ petitions are filed with following prayers:

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W.P.(C). No.14375/2019:

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i. Call for the records in the above case.

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ii. Issue a writ of mandamus or any other appropriate writ, order or direction, commanding respondents 1 to 4 to take appropriate actions against the saw mill and furniture shop conducted by the 5^th respondent forthwith.

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iii. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondent No.3 and 4 to dispose of Exhibit P3 and P4 at the earliest.

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iv. Issue any other appropriate writ, order or direction as this Honourable Court may deem fit and proper in the facts and circumstances of the case;

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v. Award the costs of the petitioner in these proceedings.

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WP(C).Nos.14375 & 35842 of 2019

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W.P.(C).No.35842/2019:

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i. a writ of mandamus or any other appropriate writ or order directing the 2^nd respondent to effect the procedure for issuing renewed license for the business.

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ii. a writ of mandamus or any other appropriate writ or order directing the 2^nd respondent to consider the application pending before there office for issuing renewed license for the business.

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iii. a writ of mandamus or any other appropriate writ or order directing the 2^nd respondent to give opportunity of personal hearing before taking any further action on Exhibit P13.

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iv. a writ of certiorari or any other appropriate writ or order commanding the 2^nd respondent not to proceed with any further action until the disposal of the Writ petition No. 14375/2019 which is pending before this Hon'ble Court.

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v. any other appropriate writ, order or direction as the Hon'ble Court may pleased to grant in the circumstances of the case.

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(SIC)

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Today, when these writ petitions came up for

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consideration, the Standing Counsel for the Panchayat submitted that the business conducted by the petitioners in W.P.(C). No.35842/2019 is already closed and the building is not in possession of the petitioners in that case.

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WP(C).Nos.14375 & 35842 of 2019

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If that be the case, nothing survives in these writ

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petitions.

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Therefore, these writ petitions are closed, recording the submission of the learned Standing Counsel for the Panchayat.

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sd/-

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P.V.KUNHIKRISHNAN JUDGE

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¶58

WP(C).Nos.14375 & 35842 of 2019

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¶60

APPENDIX OF WP(C) 14375/2019

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PETITIONER EXHIBITS
EXHIBIT P1PHOTOSTAT COPY OF HE RENEWED LICENSE
ISSUED TO THE PETITIONER BY THE 2ND
RESPONDENT ON 05/01/2017
EXHIBIT P2PHOTOSTAT COPY OF THE INFORMATION
ISSUED BY RESPONDENT NO.4 TO ONE TOMMY
ARAYATHINAL DATED 10.01.2019
EXHIBIT P3PHOTOSTAT COPY OF THE COMPLAINT
SUBMITTED TO RESPONDENT NO.1-4 TOMMY
ARAYATHINAL
EXHIBIT P4PHOTOSTAT COPY OF THE LAST PETITION
SUBMITTED BY THE PETITIONER BEFORE
RESPONDENTS 1-4 ON 02/04/2019

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WP(C).Nos.14375 & 35842 of 2019

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APPENDIX OF WP(C) 35842/2019

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`PETITIO` `EXHIBIT`	`NER EX` `P1`	`HIBITS` `TRUE COPY` `30/09/2019.`	`OF THE LAND TAX RECEIPT DATED`
`EXHIBIT`	`P2`	`TRUE COPY` `25/02/2000.`	`OF THE RATION CARD DATED`
`EXHIBIT`	`P3`	`TRUE COPY` `DATED 24/12`	`OF THE RENEWED RATION CARD` `/2008.`
`EXHIBIT`	`P4`	`TRUE COPY` `DATED 28/09`	`OF THE POSSESSION CERTIFICATE` `/2019.`
`EXHIBIT`	`P5`	`TRUE COPY` `DATED 30/09`	`OF THE OWNERSHIP CERTIFICATE` `/2019.`
`EXHIBIT`	`P6`	`TRUE COPY` `THE DEPART` `OF KERALA D`	`OF THE CERTIFICATE ISSUED BY` `MENT OF INDUSTRIES GOVERNMENT` `ATED 21/08/2012.`
`EXHIBIT`	`P7`	`TRUE COPY` `THE DIVISI` `DATED 01/04`	`OF THE CERTIFICATE ISSUED BY` `ONAL FOREST OFFICER, KOTTAYAM` `/2014.`
`EXHIBIT`	`P8`	`TRUE COPY` `COMPLAINT` `28/05/2019.`	`OF THE RECEIPT ISSUED ON FILING` `BEFORE 2ND RESPONDENT DATED`
`EXHIBIT`	`P9`	`TRUE COPY` `RESPONDENT`	`OF THE REPLY GIVEN BY THE 2ND` `DATED 19/09/2019.`
`EXHIBIT`	`P10`	`TRUE COPY` `APPLICATION`	`OF THE RENEWAL OF LICENSE` `DATED 25/09/2019.`
`EXHIBIT`	`P11`	`TRUE COPY` `RESPONDENT`	`OF THE NOTICE ISSUED BY THE 2ND` `DATED 23/09/2019.`
`EXHIBIT`	`P12`	`TRUE COPY` `RESPONDENT`	`OF THE NOTICE ISSUED BY THE 2ND` `DATED 25/10/2019.`
`EXHIBIT`	`P13`	`TRUE COPY` `2ND RESPOND`	`OF THE LICENSE ISSUED BY THE` `ENT DATED 09/05/2012.`
`Exhibit`	`P14`	`TRUE COPY` `RESPONDENT`	`OF THE NOTICE ISSUED BY THE 2ND` `DATED 11/01/2022`
`Exhibit`	`P15`	`TRUE COPY` `DISTRICT` `SUBMITTED B`	`OF THE COMPLAINT BEFORE THE` `COLLECTOR DATED 12/01/2022` `Y THE 2ND PETITIONER`
`Exhibit`	`P16`	`TRUE COPY` `PANCHAYATH` `FORWARDED` `COLLECTOR D`	`OF THE RECEIPT ISSUED BY THE` `DEPUTY DIRECTOR ON RECEIVING` `COMPLAINT FROM THE DISTRICT` `ATED 12/01/2022`

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WP(C).Nos.14375 & 35842 of 2019

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Exhibit P17TRUE COPY OF THE OBJECTION SUBMITTED
BEFORETHE2NDRESPONDENTDATED
14/01/2022

Sasi.K.B v. the Range Forest Officer

Case brief

What is this about?

What the court decided

Sasi.K.B v. the Range Forest Officer

Case brief

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What the court decided

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