High Court of KeralaWP(C)/7514/2015disposed of

Balakrishnan K.S v. State Of Kerala

2015-10-20Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 20TH DAY OF OCTOBER 2015/28TH ASWINA, 1937 WP(C).No. 7514 of 2015 (L) --------------------------- PETITIONER :

--------------------- BALAKRISHNAN K.S., S/O.SANKARAEZHUTHACHAN PROPRIETOR OF AISWARYA SAW MILL, AGED 55 YEARS RESIDING AT MELEKOLERIYIL HOUSE, LAKKIDI POST OTTAPPALAM, PALAKKAD DISTRICT REPRESENTED BY HIS POWER OF ATTORNEY SANTHOSH K.B., S/O.BALAKRISHNAN K.S., RESIDING AT MELEKOLERIYIL HOUSE LAKKIDI POST, OTTAPPALAM, PALAKKAD DISTRICT.

BY ADV. SRI.P.R.VENKATESH RESPONDENT(S) :

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

1. STATE OF KERALA REPRESENTED BY SECRETARY DEPARTMENT OF FOREST AND WILD LIFE, SECRETARIAT THIRUVANANTHAPURAM - 695001.

2. THE CONSERVATOR OF FOREST OLAVAKODE, PALAKAD DISTRICT - 678 002.

3. DIVISIONAL FOREST OFFICER NENMARA, PALAKKAD DISTRICT - 678 508.

4. PRINCIPAL CHIEF CONSERVATOR AND HEAD OF FOREST FORCE, CHAIRMAN, ADVISORY COMMITTE, THRIUVANANTHAPURAM - 695001 R1 TO R4 BY SPL. GOVT. PLEADER (FOREST) SRI.M.P.MADHAVANKUTTY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-

WP(C).No. 7514 of 2015 (L) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1:

TRUE COPY OF THE LICENCE ISSUED BY THE JOINT DIRECTOR OF FACTORIES AND BOILERS DATED 14.07.2011.

EXT. P2:

TRUE COPY OF THE LICENCE RENEWED AS ON 28.10.2014 BY THE DFO, NEMMARA.

EXT. P3:

TRUE COPY OF CONSENT TO OPERATE ISSUED BY THE POLLUTION CONTROL BOARD DATED 13.08.2014.

EXT. P4:

TRUE COPY OF THE APPLICATION SUBMITTED ON 19.10.2012 BY THE PETITIONER IN FORM NO.III.

EXT. P5:

TRUE COPY OF THE LICENCE ISSUED BY THE KANNAMPRA GRAMA PANCHAYAT DATED 19.01.2015.

EXT. P6:

TRUE COPY OF THE REPLY DATED 08.12.2014 RECEIVED BY THE PETITIONER FROM THE ADDL. CHIEF SECRETARY.

EXT. P7:

TRUE COPY OF THE KERALA FOREST (REGULATION OF SAW MILL AND OTHER WOOD BASED INDUSTRIES ) RULE 2012 RESPONDENT(S)' EXHIBITS : NIL ----------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

------------------------------------------ W.P(C).No. 7514 of 2015 ------------------------------------------- Dated this the 20th October, 2015

JUDGMENT

The petitioner has approached the third respondent Divisional Forest Officer as per Exhibit P4 application for enhancing the capacity of the saw mill. This was not considered, whereupon the petitioner approached the Government. The Government rejected the petitioner's request. Exhibit P6 is the order.

2. This Court is of the view that Exhibit P4 application shall be concluded by the Divisional Forest Officer, who is the competent authority to take a decision in the matter. Therefore, the third respondent, Divisional Forest Officer is directed to consider and take decision on Exhibit P4 within two months from the date of receipt of a copy of this judgment, after hearing the petitioner. It is open for the Divisional Forest Officer to grant provisional permission to the petitioner pending Exhibit P4, if exigency is required,

WP(C).7514/15 within two weeks from the date of receipt of a copy of this judgment. In view of the above, Ext.P6 is set aside. The Writ Petition is disposed of as above.

A.MUHAMED MUSTAQUE JUDGE vgs21/10/15