High Court of KeralaWP(C)/3799/2013disposed of

Abdul Nasar v. The State Of Kerala

2015-01-27Honourable Mr.Justice P.R.Ramachandra Menon5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 27TH DAY OF JANUARY 2015/7TH MAGHA, 1936 WP(C).No. 3799 of 2013 (Y) --------------------------- PETITIONER :

--------------------- ABDUL NASAR, AGED 53 YEARS S/O. MOHAMMED, RESIDING AT KARAYIL HOUSE EDAKKARA P.O., NILAMBUR, MALAPPURAM.

BY ADVS.SRI.A.V.JAMES SRI.P.DALBI EMMANUAL PALAMOOTTIL RESPONDENT(S) :

----------------------------

1. STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, FORESTS DEPARTMENT THIRUVANANTHAPURAM, PIN-

2. THE DIVISIONAL FOREST OFFICER NILAMBUR NORTH DIVISION, MALAPPURAM, PIN-

3. THE CHIEF CONSERVATOR OF FORESTS NODEL OFFICER AND CONVENER, STATE LEVEL COMMITTEE THIRUVANANTHAPURAM, PIN-695001.

4. THE EXCUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD, MANJERI, PIN- R1 TO R3 BY GOVT. PLEADER SRI. JOSEPH GEORGE R4 BY ADV. SRI.SAJEEV KUMAR K.GOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 3799 of 2013 (Y) APPENDIX PETITIONERS' EXHIBITS :

-------------------------------------- EXT.P1 THE TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE FACTORIES AND BOILERS DEPARTMENT.

EXT.P2 THE TRUE COPY OF THE LICENSE ISSUED BY THE FACTORIES AND BOILERS DEPARTMENT.

EXT.P3 THE TRUE COPY OF THE LICENSE ISSUED BY THE EDAKKARA GRAMA PANCHAYTH.

EXT.P4 THE TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE 2ND RESPONDENT.

EXT.P5 THE TRUE COPY OF THE APPLICATION DATED 1-8-2006 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXT.P6 THE TRUE COPY OF THE AGREEMENT DATED 27-6-2009 EXECUTED BY THE PETITIONER AND 2ND RESPONDENT.

EXT.P7 THE TRUE COPY OF THE JUDGMENT IN WPC NO. 37615/2009 OF HIGH COURT OF KERALA.

EXT.P8 THE TRUE COPY OF THE APPLICATION DATED 10-5-12 FILED BEFORE THE 2ND RESPONDENT.

EXT.P9 THE TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 6-6-12.

EXT.P10 THE TRUE COPY OF THE APPLICATION DATED 15-6-2006 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.

EXT. P11 COPY OF THE LICENSE ISSUED BY THE EDAKKARA GRAMA PANCHAYATH.

EXT. P12 COPY OF THE NOTICE DATED 18.11.14 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXT. P13 COPY OF THE LICENSE DATED 29.4.14 ISSUED BY THE EDAKKARA GRAMA PANCHAYATH TO THE PETITIONER.

RESPONDENTS' ANNEXURES :

---------------------------------------------- ANNEXURE R2(a) COPY OF JUDGMENT DATED 28.7.2011 IN CC 163/2010. ANNEXURE R2(a) COPY OF NO. E2-6454/12 (FC4-2878/19, SLC NO. 899) DATED 26.11.2012.

//TRUE COPY// P.S. TO JUDGE Mn

P.R.RAMACHANDRA MENON, J.

========================= W.P.(C) No.3799 of 2013 ============================ Dated this the 27th day of January, 2015

JUDGMENT

The petitioner has approached this Court seeking for a direction to the 2nd and 3rd respondents to issue NOC to the petitioner for availing 50HP power supply to the petitioner's Saw Mill run under the name and style as Karayil Saw Mill & Wood Industries in Malappuram district. The learned counsel for the petitioner points out that the petitioner's saw mill was established and was in operation for several decades and that the cut off date prescribed by the Apex Court as per the decision on 30.10.2002 will not be applicable in the case of the petitioner. Besides the documents produced as Exts.P1 to P10, some supplementary documents are produced along with I.A No.4522 of 2013 as Ext.P11 and I.A No.157 of 2014 as Exts.P12 and P13.

2. A statement has been filed by the 2nd respondent pointing out that the validity of the NOC given by the Divisional Forest Officer, Nilambur North Division on 23.01.2003 was in existence

W.P(C) No.3799 of 2013 only till 23.01.2004 and thereafter, the petitioner has not obtained NOC from the forest department. By virtue of the Kerala Forest (Regulation of Saw Mills and other Wood Based Industrial Units) Rules 2012 the applications for NOC pending with the State Level Committee were transferred to the concerned Divisional Officers as highlighted in the said statement. The involvement of the petitioner with reference to the commission of an offence, the finding and the sentence imposed are adverted to paragraph 6 of the statement, also producing a copy of the judgment dated 28.07.2011 in C.C No.163 of 2010 as Annexure R2(a).

It is stated that, by virtue of Sub rule 1(i) of Rule 8 of the Kerala Forest (Regulation of Saw Mills and other Wood Based Industrial Units) Rules 2012, the applicant shall not be a person convicted of any offence punishable under the Kerrala Forest Act, 1961, or the Wildlife (Protection) Act, 1972 or any other relevant enactment. It was in the above circumstance, that the application preferred by the petitioner for licence was rejected and the same was communicated to the petitioner as per order dated 26.11.2012, a copy of which has been produced as Annexure R2(b).

W.P(C) No.3799 of 2013 added that the petitioner has not subjected the said order to be challenged either before this Court or by approaching the Chief Conservator of Forest, Eastern Circle, Palakkad, who is the designated appellate authority.

3. It is relevant to note that the above statement was filed by the respondents as early as on 01.03.2013. Nearly two years are already over. The petitioner has not chosen to challenge Annexure R2(b), nor any amendment of the writ petition has been preferred so far. In the above circumstance, this Court finds that there is no merit to call for interference invoking the discretionary jurisdiction. Interference is declined and the writ petition is dismissed accordingly.

Sd/- P.R.RAMACHANDRA MENON, JUDGE vdv //True Copy// P.A to Judge