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Kerala High Court

Sunil Kumar vs The Divisional Forest Officer (Dfo) on 24 June, 2011

Author: T.R.Ramachandran Nair

Bench: T.R.Ramachandran Nair

       

  

  

 
 
                          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                               PRESENT:

                    THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR

             WEDNESDAY, THE 7TH DAY OF NOVEMBER 2012/16TH KARTHIKA 1934

                                   WP(C).No. 25518 of 2012 (L)
                                   ---------------------------------------

PETITIONER:
-------------------


             SUNIL KUMAR,
             PROPRIETOR, M/S.ASWATHY WOOD WORKS & SAWMILL,
             VETTUVENI, HARIPAD-690 514, ALAPPUZHA DISTRICT.


             BY ADVS.SRI.M.K.CHANDRA MOHANDAS
                         SMT.K.K.RAZIA

RESPONDENTS:
------------------------


          1. THE DIVISIONAL FOREST OFFICER (DFO),
             RANNI DIVISION, RANNI P.O., PATHANAMTHITTA DISTRICT,
             PIN-689 672.

          2. THE FOREST RANGE OFFICER,
             FOREST RANGE OFFICE, RANNI-689 679.

          3. THE KARTHIKAPPALLY GRAMA PANCHAYATH,
             REPRESENTED BY ITS SECRETARY, KARTHIKAPPALLY,
             PIN-690 519.


             R1 & R2 BY GOVERNMENT PLEADER SRI. K.C. VINCENT.


            THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
            ON 07-11-2012, THE COURT ON THE SAME DAY DELIVERED THE
            FOLLOWING:


Prv.

W.P.(C). NO.25518/2012-L:



                     APPENDIX


PETITIONER'S EXHIBITS:


EXT.P1:       A TRUE COPY OF THE APPLICATION (UNIT I) DATED 24/6/2011
              SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXT.P2:       A TRUE COPY OF THE APPLICATION (UNIT 2) DATED 24/6/2011
              SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXT.P3:       A TRUE COPY OF THE NOTICE NO.C4-717/12 DATED 14/8/2012
              ISSUED BY THE 2ND RESPONDENT.

EXT.P4:       A TRUE COPY OF THE LIST OF DOCUMENTS AT THE TIME OF
              INSPECTION.

EXT.P5:       A TRUE COPY OF THE CONSENT ISSUED BY KERALA STATE
              POLLUTION CONTROL BOARD VALID UPTO 28/2/2014 (UNIT 1).

EXT.P5(A):    A TRUE COPY OF THE CONSENT ISSUED BY KERALA STATE
              POLLUTION CONTROL BOARD VALID UPTO 28/2/2014 (UNIT 2).

EXT.P6:       A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE
              VILLAGE OFFICER, KARTHIKAPPALLY.

EXT.P7:       A TRUE COPY OF THE TAX RECEIPT.



RESPONDENTS EXHIBITS: NIL.




                                            //TRUE COPY//




                                            P.A. TO JUDGE



Prv.



                 T.R. RAMACHANDRAN NAIR, J.
               ---------------------------------------
                   W.P.(C) No.25518 OF 2012
               ---------------------------------------
           Dated this the 7th day of November, 2012.


                          J U D G M E N T

The petitioner is the Proprietor of a Saw Mill named as 'Aswathy Wood Works and Saw Mill' which comprises two units and the units are located in survey No.563/2B in Block No.10 of Karthikappally Village, Alappuzha District. The petitioner is seeking for a direction to issue No Objection Certificate under the relevant Rules.

2. Learned Government Pleader on getting instructions submitted that inspection of the units is yet to be conducted and sufficient time will be required in the matter.

This writ petition is disposed of directing the respondents 1 and 2 to take appropriate action as provided under the Kerala Forest (Regulation of Saw Mills and other Wood based Industrial Units) Rules, 2012. The action as above will be finalised within a W.P.(C) No.25518/2012 2 period of three months from the date of receipt of a certified copy of this judgment.

T.R. RAMACHANDRAN NAIR JUDGE smp