M.M.Abdul Kareem v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 7TH DAY OF SEPTEMBER 2015/16TH BHADRA, 1937 WP(C).No. 24286 of 2015 (I) ---------------------------- PETITIONER:

------------------- M.M.ABDUL KAREEM, S/O. LATE M.M MOIDU, AGED 61 YEARS, PROPRIETOR, AMINA TIMBER INDUSTRIES, MANIYATTUKUDI HOUSE, NELLIKUZHY P.O, KOTHAMANGALAM VIA, ERNAKULAM DISTRICT.

BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA SRI.P.T.ABHILASH RESPONDENT(S):

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

1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST & WILD LIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. STATE LEVEL EMPOWERMENT COMMITTEE ON WOOD BASED INDUSTRY, REPRESENTED BY ITS CHAIRMAN, OFFICE OF THE CHIEF CONSERVATOR OF FORESTS, FORESTS HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014.

3. DIVISIONAL FOREST OFFICE, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686 691.

4. FOREST RANGE OFFICER, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686 691.

5. VILLAGE OFFICER, ERAMALLUR VILLAGE, KOTHAMANGALAM VIA., ERNAKULAM DISTRICT, PIN - 686 691. BY SRI.M.P.MADHAVANKUTTY, SPL. GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 24286 of 2015 (I) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

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

TRUE COPY OF THE PROCEEDING NO A4 537/87 DATED 28-3-1987 OF THE DIVISIONAL FOREST OFFICER, TIMBER SALES DIVISION, PERUMBAVOOR.

EXT.P2:

TRUE COPY OF THE PROCEEDING NO K2 DATED 25-11-1998 OF THE 4TH RESPONDENT.

EXT.P3:

TRUE COPY OF THE REGISTRATION NO.86/96-2001 DATED 5-12-1996 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT. EXT.P4:

TRUE COPY OF THE REGISTRATION CERTIFICATE NO.26/2006-11 DATED 8-8-2006 ISSUED BY THE 3RD RESPONDENT.

EXT.P5:

TRUE COPY OF THE APPLICATION DATED 31-10-2012 OF THE PETITIONER FORWARDED TO THE 2ND RESPONDENT THROUGH THE 3RD RESPONDENT.

EXT.P6:

TRUE COPY OF THE CERTIFICTE DATED 17-10-2010 ISSUED BY THE NELLIKUZHY GRAMA PANCHAYAT.

EXT. P7:

TRUE COPY OF THE CERTIFICATE DATED 2-7-2010 ISSUED BY THE MANAGER, DISTRICT INDUSTRIES CENTRE,ERNAKULAM. EXT. P8:

TRUE COPY OF THE PROCEEDINGS MAINTAINED BY THE JOINT DIRECTOIR OF FACTORIES AND BOILERS,ERNAKULAM,DETAILING REMITTANCE OF FEE BY THE PETITIONER WITH EFFECT FROM 1989 TO 2002, FOR RENEWING THE LICENCE OF THE FACTORIES AND BOILERS.

EXT.P8(A):

TRUE COPY OF THE LICENCE DATED 24-11-2011 ISSUED BY THE JOINT DIRECTOR OF FACTORIES AND BOILERS.

EXT.P9:

TRUE COPY OF THE VERIFICATION REPORT OF THE COMPETENT AUTHORITY UNDER THE 2ND RESPONDENT DATED 12-3-2013. EXT.P10:

TRUE COPY OF THE RECEIPT DATED 22-5-2014 ISSUED BY THE SECRETARY, NELLIKUZHY GRAMA PANCHAYAT.

EXT.P11:

TRUE COPY OF THE REPRESENTATION DATED 20-05-2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 2 AND 3.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

------------------------------------- W.P.(C)No.24286 of 2015 ---------------------------------- Dated this the 7th day of September, 2015.

J U D G M E N T

The petitioner has approached this Court on account of the delay in considering Ext.P5 application submitted by the petitioner before the 3rd respondent. The petitioner has also relied on Ext.P9 proceedings of the 2nd respondent recommending the petitioner's application. In that view of the matter, there shall be a direction to the 3rd respondent to consider Ext.P5 and take appropriate decision in the light of Ext.P9 within a period of one month of receipt of copy of this judgment.

Sd/- A.MUHAMED MUSTAQUE, Judge.

ami/ //True copy// P.A.to Judge