Chandy Joseph v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937 WP(C).No. 11545 of 2012 (P) ---------------------------- PETITIONER:
------------------ CHANDY JOSEPH, AGED 50 YEARS S/O.JOSEPH, KANJIRAKKATTUKUNNEL HOUSE, MARIYAPURAM P.O., IDUKKI 685 602.
BY ADV. SRI.M.C.JOHN RESPONDENTS:
----------------------
1. STATE OF KERALA REP.BY PRINCIPAL SECRETARY LOCAL ADMINISTRATION DEPARTMENT THIRUVANANTHAPURAM 695 001.
2. THE MARIYAPURAM GRAMA PANCHAYAT REPRESENTED BY SECRETARY MARIYAPURAM GRAMA PANCHAYAT, MARIYAPURAM P.O IDUKKI 685 602.
ADDL.R3 SUO MOTO IMPLEADED:
ADDL.R3: THE DIVISIONAL FOREST OFFICER, KOTTAYAM.
( SUO MOTO IMPLEADED AS PER JUDGMENT DATED 26.10.2015) R1 & R3 BY SR. GOVERNMENT PLEADER SRI SHYSON P.MANGUZHA R2 BY ADV. SRI.MURALI PURUSHOTHAMAN ADV. SRI.DEEPU LAL MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 11545 of 2012 (P) APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1.
TRUE COPY OF LICENCE NO.5/2011-12 DATED 16.05.2011 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2.
TRUE COPY OF THE CERTIFICATE DATED 20.05.2010 ISSUED BY THE PRESIDENT OF THE PANCHAYAT.
EXHIBIT P2(a).TRUE COPY OF THE CERTIFICATE DATED 11.01.2011 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2(b).TRUE COPY OF THE LETTER DATED 16.05.2011 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3.
TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 04.11.2009 ISSUED BY THE CHIEF CONSERVATOR OF FORESTS.
EXHIBIT P4.
TRUE COPY OF THE JUDGMENT DATED 24.01.2011 IN WPC NO.672/2011.
EXHIBIT P5.
TRUE COPY OF THE LETTER DATED 03.04.2011 ISSUED BY THE CHIEF CONSERVATOR OF FORESTS.
EXHIBIT P6.
TRUE COPY OF THE RECEIPT DATED 11.05.2012 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P7.
TRUE COPY OF THE LETTER NO.B2-718/12 DATED 14.05.2012 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P8.
TRUE COPY OF THE LETTER NO.2184/RC3/10/LAD DT.02.03.2010 ISSUED BY THE IST RESPONDENT.
RESPONDENTS' EXHIBITS EXT.R2(A):
COPY OF APPLICATION DT.27.3.2012 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY OF THE 2ND RESPONDENT PANCHAYAT. TRUE COPY P.S.TO JUDGE dsn
ANIL K.NARENDRAN, J -------------------------------------------------- W.P.(C.)No.11545 Of 2012 -------------------------------------------------- DATED THIS THE 26th DAY OF OCTOBER, 2015
JUDGMENT
The petitioner who is the Proprietor of a furniture workshop named "St.Joseph's Furniture Works" at Mariyapuram has filed this Writ Petition seeking a writ of certiorari to quash Exts.P7 and P8 nd respondent and seeking a writ of mandamus commanding the 2 Grama Panchayat to renew Ext.P1 licence for the period 2012-2013 based on Exts.P4 and P6. The petitioner has also sought for an order restraining the respondents from initiating any coercive steps to close down his furniture unit.
2.
By Ext.P4 judgment in W.P.(C)No.672/2011, this Court, taking note of the fact that the issue relating to grant of NOC is pending consideration before the Central Empowered Committee, ordered that until a decision is taken and communicated to the petitioner, status quo as on date shall be maintained insofar as the functioning of the industrial unit of the petitioner is concerned. 3.
Today when this case was taken up for further consideration, the learned counsel for the petitioner submitted that, in view of the Kerala Forest (Regulation of Sawmills and other
W.P.(C).No.11545/12 -2Wood-based Industrial Units) Rules, 2012, the authorised Officer to grant NOC is the Divisional Forest Officer concerned and as such the petitioner's application for NOC has already been transferred to the said authority and the matter is now pending consideration. The learned counsel for the petitioner would also submit that once NOC is granted by the Divisional Forest Officer, nd respondent the petitioner shall produce the same before the 2 nd respondent may be Grama Panchayat, in which event the 2 directed to consider his application for renewal of licence. 4.
Since the request for NOC filed by the petitioner is pending before the Divisional Forest Officer, Kottayam, the said rd respondent in authority is suo moto impleaded as additional 3 the Writ Petition. The Registry to carry out necessary amendment in the cause title.
5.
Learned Government Pleader takes notice for the rd respondent. Service complete.
additional 3 6.
I heard arguments of the learned counsel for the petitioner, learned Government Pleader appearing for respondents 1 and 3 and also the learned Standing Counsel for nd respondent Grama Panchayat.
the 2
W.P.(C).No.11545/12 -37.
Considering the fact that the request made by the petitioner for NOC is now pending consideration before the rd respondent, the Writ Petition is disposed of with the additional 3 following directions:
rd respondent shall consider the (i) The additional 3 application for NOC submitted by the petitioner in respect of St.Joseph Furniture Works, Mariyapuram and take a decision thereon as expeditiously as possible. rd respondent, the (ii) On receipt of NOC from the additional 3 nd respondent, in petitioner shall produce it before the 2 nd respondent shall consider the which event, the 2 petitioner's application for renewal of licence and pass appropriate orders thereon, with notice to the petitioner, as expeditiously as possible.
rd (iii) In case the request for NOC is rejected, the additional 3 respondent shall forthwith communicate the same to the nd respondent Grama petitioner as well as to the 2 Panchayat.
Sd/- ANIL K.NARENDRAN, JUDGE dsn