High Court of KeralaWP(C)/4838/2015disposed of

K.C.Reghu v. The Chief Forest Conservator

2015-02-24Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 24TH DAY OF FEBRUARY 2015/5TH PHALGUNA, 1936 WP(C).No. 4838 of 2015 (D) --------------------------- PETITIONER(S):

-------------- K.C.REGHU, AGED 65 YEARS, S/O.KORAN, K.C HOUSE, PATTYAM, KOTTAYODI, P.O. PATHAYAKUNNU, KANNUR DISTRICT - 670 691, (PROPRIETOR REKHA SAW MILL AND FURNITURES, PATTYAM, KANNUR) BY ADVS.SRI.C.P.PEETHAMBARAN SMT.MINI.V.A.

RESPONDENT(S):

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

1. THE CHIEF FOREST CONSERVATOR, (SPECIAL AFFORASTATION) & NODEL OFFICER & CONVENOR, STATE LEVEL COMMITTEE, THIRUVANANTHAPURAM - 695 014.

2. THE DIVISIONAL FOREST RANGE, KANNUR - 670 001.

THE RANGE OFFICER, KANNAVAM FOREST RANGE, KANNUR - 670 001.

BY SENIOR GOVERNMENT PLEADER SRI. K.C.VINCENT BY SRI.M.P.MADHAVANKUTTY, SPL. GOVT. PLEADER FOR FOREST. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rvs.

WP(C).No. 4838 of 2015 (D) APPENDIX PETITIONER(S)' EXHIBITS :

----------------------- EXHIBIT P1 TRUE COPY OF THE NOC ISSUED BY THE 2ND RESPONDENT DURING 1998-99.

EXHIBIT P2 TRUE COPY OF THE LICENSE DATED 28/6/2012 ISSUED BY THE PATTYAM GRAMA PANCHAYATH.

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 21/6/2012 WITH THE ENDORSEMENT OF THE 2ND RESPONDENT.

EXHBIIT P4 TRUE COPY OF THE APPLICATION DATED 24/8/2012 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 17/9/2014 ISSUED BY THE ADDITIONAL FACTORY INSPECTOR, THALASSERY.

RESPONDENT(S)' EXHIBITS :

------------------------ NIL.

/TRUE COPY/ P.A.TO JUDGE RVS.

P.R. RAMACHANDRA MENON J.

~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 4838 of 2015 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 24th day of February, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers :

"(i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to issue 'No Objection Certificate' to the petitioner for conducting his SSI Unit namely "Rekha Saw Mill and Furniture Works, Pattyam" within a time frame fixed by this Hon'ble Court.

(ii) Grant such other relief that this Hon'ble Court deem fit and proper in the circumstances of the case.

2. The learned for the petitioner submits that the grievance of the petitioner is with regard to the lapses on the part of the respondents in considering application for renewal of NOC. The petitioner was running a saw mill, on the strength of necessary licence, which was issued on 18.09.2003 by the second respondent. On the strength of the valid documents, the said licence was being extended from time to time. It is with intent to have further renewal Ext. P2 application was filed to grant NOC, which is still to be acted upon.

W.P.(C) No. 4838 of 2015 : 2 :

3. Heard the learned Government Pleader appearing for the respondents, who submits that the petitioner was served with a notice on 20.02.2015 to produce certain documents and to satisfy certain requirements, which is still to be complied with. Once the petitioner satisfies the requirements, Ext. P2 application preferred by the petitioner will be considered within a shortest possible time.

4. Considering the facts and circumstances, the petitioner is relegated to satisfy the requirements within two weeks from the date of receipt of a copy of this judgment; upon which, the second respondent shall consider the matter, passing appropriate orders on Ext. P2 in accordance with law, as expeditiously as possible, at any rate, within six weeks thereafter.

Petitioner shall produce a copy of this judgment along with copy of the writ petition before the second respondent for further steps.

The Writ Petition stands disposed of.

Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd