Sibi Paul v. The Additional Principal Chief Conservator Of Forests
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 28TH DAY OF MAY 2015/7TH JYAISHTA, 1937 WP(C).No. 15740 of 2015 (N) ---------------------------- PETITIONER:
------------------- SIBI PAUL, S/O.PAULOSE, MANAVALAN HOUSE, ALANGAD P.O, ERNAKULAM - 683511.
BY ADV. SRI.M.C.JOHN RESPONDENT(S):
-------------------------
1. THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS (S.A) AND NODAL OFFICER, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695001.
2. THE DIVISONAL FOREST OFFICER, MALAYATTOR DIVISION, KODANAD, ERNAKULAM DISTRICT - 683544.
3. THE FOREST RANGE OFFICER, FOREST RANGE OFFICE, KODANAD P.O, PIN - 683544.
BY SENIOR GOVT. PLEADER SRI.BIJU MEENATTOOR BY SRI.M.P.MADHAVANKUTTY, SPL. GOVT. PLEADER (FOREST) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 15740 of 2015 (N) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:
------------------------------------- P1:
TRUE COPY OF THE CERTIFICATE ISSUED BY THE ALANGAD GRAMA PANCHAYTH ON 23.01.2015.
P2:
TRUE COPY OF THE LICENCE NO.A6 397/2015 DATED 23.05.2015 ISSUED BY THE PANCHAYATH.
P3:
TRUE COPY OF THE APPLICATION FOR LICENCE DATED 13.01.2015 SUBMITTED BY THE PETITOINER TO THE 2ND RESPONDENT. P4:
TRUE COPY OF THE VERIFICATION REPORT NO.K1/2015 DATED 19.05.2015 SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS:
- NIL --------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/
K. VINOD CHANDRAN, J.
------------------------------------------ W.P.(C) No. 15740 of 2015 (N ) ------------------------------------------ Dated this the 28th day of May, 2015
J U D G M E N T
The petitioner has filed a statutory application for licence for a saw mill under Ext.P3. The petitioner is said to have obtained a licence from the Local Self Government Institution and is said to be carrying on operation of the saw mill on the basis of the licence obtained at Ext.P2, which is being renewed every financial year. Ext.P3 is pending from 13.01.2015 before the 1st respondent.
2.
The learned Government Pleader, on instruction, submits that the 2nd respondent has to conduct an inspection and has to then consider the application in accordance with law. In such circumstance, the 2nd respondent, being the authorised officer competent to issue the licence, shall conduct an inspection and pass orders on Ext.P3 in accordance with law, at any rate, within three months from the date of receipt of copy of this judgment. It
W.P.(C) No. 15740/2015 -2is made clear that this Court has not made any observation on merits on the question of issue of licence, which will have to be considered on merits by the authorised officer. Writ petition is disposed of.
Sd/- K.VINOD CHANDRAN, JUDGE jjj