Aboobacker V. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 7TH DAY OF AUGUST 2015/16TH SRAVANA, 1937 WP(C).No. 23160 of 2015 (T) ---------------------------- PETITIONER :

----------------------- ABOOBACKER.V., S/O.MAMMED KOYA, VELUTHEDATH HOUSE, VALAYANAD, KOZHIKODE.

BY ADVS.SRI.T.G.RAJENDRAN SMT.ANN SUSAN GEORGE RESPONDENT(S):

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

1. STATE OF KERALA, REP. BY THE SECRETARY, FOREST DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM -695 001.

2. THE DIVISIONAL FOREST OFFICER, KOZHIKODE DIVISION, KOZHIKODE -673 011.

3. THE SECRETARY, KOZHIKODE CORPORATION, KOZHIKODE -673 011.

R1 & R2 BY SR GOVERNMENT PLEADER SRI.BIJU MEENATTOOR R3 BY SRI.K.D.BABU,SC,KOZHIKODE CORPORATION SRI.P.V.SURENDRANATH,SC,KOZHIKODE CORPN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 23160 of 2015 (T) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

COPY OF THE NO OBJECTION CERTIFICATE DATED 11.2.2003 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2.

COPY OF THE CERTIFICATE ISSUED BY THE INSPECTOR OF FACTORIES AND BOILERS, KOZHIKODE DATED 10.5.2011. EXHIBIT P3.

COPY OF THE VERIFICATION REPORT OF DIVISIONAL FOREST OFFICER, KOZHIKODE.

EXHIBIT P4.

COPY OF THE LICENSE ISSUED BY THE 3RD RESPONDENT CORPORATION TO THE PETITIONER.

RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No.23160 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 07th day of August, 2015

J U D G M E N T

The petitioner had filed an application for No Objection Certificate to carry on a plywood industry prior to the coming into force of the Kerala Forest (Regulation of sawmills and other Wood-based Industrial Units) Rules, 2012. Before the Rules came into effect, the same had to be considered by a State Level Committee which power, by the Rules has been conferred on the Authorised Officer as notified under the Rules. As per the Rules, it is also indicated that any application filed before the State Level Committee would be deemed to be an application under the Rules and considered in accordance with the Rules by the Authorised Officer.

WPC.No.23160/2015 : 2 :

2. In such circumstance, the application filed before the State Level Committee shall be taken up by the Authorised Officer and shall be considered in accordance with law, within three months from the date of production of a certified copy of this judgment after affording an opportunity of hearing.

Writ petition is disposed of.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge