High Court of KeralaWP(C)/4116/2013disposed of

V.K.Mohammed Yahiya v. The Forest Range Officer, Meppadi

2015-10-01Honourable Mr. Justice A.Muhamed Mustaque7 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 1ST DAY OF OCTOBER 2015/9TH ASWINA, 1937 WP(C).No. 4116 of 2013 (L) --------------------------- PETITIONER :

------------------- V.K.MOHAMMED YAHIYA S/O.KUNJU MUHAMMED MAULAVI, VELIKKAKATH HOUSE, KOONTHANI, THUVANIMALA P.O., SULTHANBETHERY WAYANAD DISTRICT(PROPRIETOR M/S.CRESCENT PLYWOODS KOONTHANI, SULTHAN BATHERY) BY ADVS.SRI.SIRAJ KAROLY SMT.A.SEENA SRI.M.C.JOHN RESPONDENTS :

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1. THE FOREST RANGE OFFICER, MEPPADI RANGE , MEPPADI, WAYANAD DISTRICT 671014.

2. THE DIVISIONAL FOREST OFFICER SOUTH WAYANAD DIVISION, KALPETTA WAYANAD DISTRICT 671 014.

3. THE CHIEF CONSERVATOR OF FORESTS (SPECIAL AFORESTATION AND NODAL OFFICER) GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 695 001.

4. THE STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF FOREST AND WILD LIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

5. THE SECRETARY NENMENI GRAMA PANCHAYATH, NENMENI PO, SULTHAN BATHERY, WAYANAD DISTRICT 671 014.

6. NENMENI GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY NENMENI GRAMA PANCHAYATH OFFICE, NENMENI PO SULTHAN BATHERY, WAYANAD DISTRICT 671 014.

BY SPL. GOVERNMENT PLEADER SRI. THOMAS KUTTY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 4116 of 2013 (L) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1:

CERTIFICATE OF REGISTRATION DATED 13/1/1988 EXHIBIT P2:

CERTIFICATE ISSUED FROM KERALA FINANCIAL CORPORATION CLOSING THE LOAN TRANSACTION OF THE INDUSTRIAL UNIT OF THE PETITIONER EXHIBIT P3:

TRUE COPY OF ORDER PERMITTING THE PAYMENT OF THE ELECTRICAL BILL DUE FROM THE FORMER OWNER OF THE PETITIONER'S INDUSTRIAL UNIT.

EXHIBIT P4:

TRUE COPY OF THE INTERIM ORDER IN OP 25411/98 OF THIS HON'BLE COURT.

EXHIBIT P5:

TRUE COPY OF THE CERTIFICATE DATED 10/7/2009 ISSUED BY THE 5TH RESPONDENT EXHIBIT P6:

TRUE COPY OF THE JUDGMENT IN OP NO.24252/98 OF THIS HON'BLE COURT FILED BY THE SIMILARLY SITUATED PARTIES EXHIBIT P7:

TRUE COPY OF THE SALE DEED EXHIBIT P7(A): TRUE COPY OF THE AGREEMENT DATED 29/2/2009 TRANSFERRING THE NAME OF THE FIRM AND SALE OF THE MACHINERY EXHIBIT P8:

TRUE COPY OF THE CERTIFICATE OF THE REGISTRATION BY THE SALE TAX DEPARTMENT UNDER THE VAT RULES ISSUED IN FAVOUR OF THE PETITIONER.

EXHIBIT P9:

TRUE COPY OF THE VERIFICATION REPORT ON APPLICATION FOR NOC SUBMITTED BY THE RANGE OFFICER EXHIBIT P10: TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE 3RD RESPONDENT DATED 29/5/2010 EXHIBIT P11:

TRUE COPY OF REPLY DATED 17/12/2011 EXHIBIT P12: TRUE COPY OF THE LICENCE ISSUED BY THE 5TH RESPONDENT DATED 1/6/2011 EXHIBIT P13: TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE MINISTER FOR FOREST & WILD LIFE DATED 29/5/2012 EXHIBIT P14: TRUE COPY OF THE REPLY ISSUED 2ND RESPONDENT UNDER THE RIGHT TO INFORMATION ACT EXHIBIT P14(A): TRUE COPY OF THE APPLICATION FOR INFORMATION 20

WP(C).NO. 4116 OF 2013 (L) EXHIBIT P15: A TRUE COPY OF THE ORDER DATED 28/12/2012 ISSUED BY THE 2ND RESPONDENT EXHIBIT P16: COPY OF THE LETTER DT 15/7/2014. RESPONDENTS' EXHIBITS :

EXT.R2(A):

COPY OF THE LETTER ISSUED BY THE NENMENI GRAMA PANCHAYAT AS PER ORDER NO. A5-4151/09 DT 13/5/2009.

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

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No. 4116 of 2013 ---------------------------------------- Dated this the 1st day of October, 2015

J U D G M E N T

Petitioner is the proprietor of M/s.Crescent Plywoods, a small scale industrial unit. According to the petitioner, this was established in 1988. Originally it was known as St.Mary's Plywoods and due to transfer of ownership, it was known in different names. The petitioner became the owner in the year 2008 as per Ext.P7. Petitioner applied for renewal of licence.

2. It is submitted by the learned Special Government Pleader that as per the Kerala Forest (Regulation of Sawmills and Other Woodbased Industrial Units) Rules, 2012, no wood based industry shall be established within the distance of 5 kms. from the boundary of the forest. Therefore, the petitioner is not entitled for renewal of licence.

3. Petitioner points out original petitions filed by one Jyothi

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Kumar, the previous owner, one is O.P.No.25411 of 1998. This was filed challenging the order passed by the Forest Range Officer, to stop operation of the unit within five kms. from the forest area.

4. Now, as matter stands, the petitioner is operating based on the interim orders passed by this Court.

5. The question is whether the petitioner is transferee from the original operator. This can be borne out from the relevant records of the Department. Therefore, this Court is of the view that the respondent shall verify whether the unit is in existence prior to the Government Order. The petitioner also relies on the verification report produced as Ext.P9. Therefore, if it is found that the unit is in existence prior to 2002, the petitioner shall be given necessary relief in accordance with the relevant provisions and the Government Orders. Needful shall be done within one month from the date of receipt of a copy of this judgment. The interim order will continue till a decision is taken in the matter by the competent authority.

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This writ petition is disposed of as above.

A.MUHAMED MUSTAQUE, Judge MBS/

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