Turbo Veneers v. State of Kerala

Kerala HC2 Apr 2025WP(C)/42086/2018

Case brief

AI extract

What is this about?

WP(C) 42086 of 2018; Kerala High Court; Mohammed Nias C.P.; Turbo Veneers; sawmill; wood-based industrial unit; Divisional Forest Officer Malayatoor; Exhibit P11 order 13.12.2018; writ of certiorari; consent to operate; Kerala State Pollution Control Board; Kerala Forest (Regulation of Sawmills and Other Wood-based Industrial Units) Rules 2012; licence; writ petition closed as infructuous.

What did the court decide?

No relief granted; writ petition closed as infructuous. ¶45-46

Turbo Veneers Vs State of Kerala — Kerala HC (2025) — LawSathi Research

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WP(C) NO. 42086 OF 2018

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2025:KER:28240

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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 MOHAMMED NIAS C.P.

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WEDNESDAY, THE 2^ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947

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WP(C) NO. 42086 OF 2018

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PETITIONER:

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M/S TURBO VENEERS WEST VENGOLA P.O, PONJASSERY, PEERUMBAVOOR 683556, KERALA REPRESENTED BY ITS MANAGING PARTNER SHRI MUHAMMED SHAFEEK.

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BY ADVS. M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.JAI MOHAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM 695 001, KERALA

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2 VENGOLA GRAMA PANCHAYAT REPRESENTED BY ITS SECRTARY, VENGOLA P.O, ERNAKULAM 683554.

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3 SECRETARY, VENGOLA GRAMA PANCHAYAT, VENGOLA P.O, ERNAKULAM 683554.

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4 CHIEF FOREST CONSERVATOR (SPECIAL AFFORESTATION) NODAL OFFICER AND CONVENER, STATE LEVEL COMMITTEE, FOREST HEADQUARTERES, VAZHUTHAKKADU, THIRUVANANTHAPURAM 695 014

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WP(C) NO. 42086 OF 2018

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2025:KER:28240

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5 DIVISIONAL FOREST OFFICER, MALAYATOOR DIVISION, KODANADU P.O, KERALA 683544.

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OTHER PRESENT:

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SRI.T.P.SAJAN, SPL.GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 42086 OF 2018

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2025:KER:28240

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MOHAMMED NIAS C.P., J

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............................................................

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W.P.(C) No.42086 of 2018

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Dated this the 02^nd day of April, 2025

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JUDGMENT

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The writ petition is filed for seeking the following

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reliefs:-

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“(i) Call for the records leading to Exhibit P11 order dated 13.12.2018, issued by the 5^th Respondent and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction;

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(ii) Declare that the Petitioner is entitled to continue operating its unit;

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(iii) Issue such other writs, orders or direction which this Hon'ble Court may deem fit and proper to issue in the facts and circumstances of the case;”

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The learned counsel for the petitioner submits that they

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have been issued consent to operate by the Pollution Control

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Board and also a licence under the Kerala Forest (Regulation of

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Sawmills and Other Wood-based Industrial Units) Rules, 2012.

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WP(C) NO. 42086 OF 2018

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2025:KER:28240

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This is recorded. Nothing further remains to be considered in this writ petition and the same is accordingly closed as

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infructuous.

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Sd/MOHAMMED NIAS C.P. JUDGE

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Anu

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WP(C) NO. 42086 OF 2018 5

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2025:KER:28240

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APPENDIX OF WP(C) 42086/2018

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 04-11-2004 ISSUED BY THE 5TH RESPONDENT DIVISIONAL FOREST OFFICE IN RESPECT OF RENEWAL OF FACTORY LICENSE ISSUED TO THE PETITIOENR. EXHIBIT P2 TRUE COPY OF THE LICENSE DATED 05-082004 ISSUED BY THE 2ND RESPONDENT PANCHAYAT EXHIBIT P3 TRUE COPY OF PETITIONER'S APPLICATION DATED 14-07-2011 ISSUED TO CHIEF FOREST CONSERVATOR (SPECIAL AFFORESTATION) EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE 4TH RESPONDENT DATED 2510-2011 EXHIBIT P4 TRUE COPY OF THE LETTER DATED 25-012013 ISSUED BY THE RANGE FOREST OFFICER, KODANADU TO THE PETITIONER. EXHIBIT P5 TRUE COPY OF THE LETTER DATED 02-012014 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXHIBIT P5 TRUE COPY OF THE CHALLAN DATED NIL BEARING CODE NO. 2/934 EVIDENCING PAYMENT. EXHIBIT P5 TRUE COPY OF THE LETTER DATED 19-102014 ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT DIRECTING HIM TO PROCESS THE APPLICATION FOR LICENSE SUBMITTED BY THE PETITIONER SINCE THE ONE TIME LICENSE FEE WAS DULY CREDITED.

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WP(C) NO. 42086 OF 2018

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2025:KER:28240

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EXHIBIT P6 TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE DEPARTMENT OF INDUSTRIES, GOVT. OF KERALA, DATED 2404-2012, EVIDENCING THAT THE PETITIONER COMMENCED ITS ACTIVITIES ON 18-08-2002. EXHIBIT P6 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 23-07-2011 STATING THAT THE UNIT HAS BEEN FUNCTIONING ITS CURRENT PREMISES SINCE AUGUST 2002. EXHIBIT P7 THE CERTIFICATE ISSUED BY THE DIVISIONAL MEDICAL OFFICER (HEALTH) DATED 22-01-2014.

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EXHIBIT P8 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE RENEWAL DATED 18-04-2018 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD

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EXHIBIT P9 LICENSE ISSUED BY THE DEPT. OF FACTORIES AND BOILERS, GOVT. OF KERALA DATED 22-12-2014.

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EXHIBIT P10 TRUE COPY OF THE D& O LICENSE DATED 01-04-2016 ISSUED BY THE 2ND RESPONDENT.

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EXHIBIT P11 TRUE COPY OF THE ORDER DATED 13-122018 ISSUED BY THE 5TH RESPONDENT WHICH WAS RECEIVED BY THE PETITIONER ON 17-12-2018.

Turbo Veneers v. State of Kerala

Case brief

What is this about?

What did the court decide?

Turbo Veneers v. State of Kerala

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Statutes considered

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