Kerala High Court
Arif vs Khairunnisa on 11 April, 2024
WP(C) No.1610/2024 1/7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Thursday, the 11th day of April 2024 / 22nd Chaithra, 1946
WP(C) NO. 1610 OF 2024 (A)
PETITIONER:
ARIF AGED 30 YEARS S/O LATE M.M.ABDUL RAHIMAN, RESIDING AT F;LAT
NO.G4, RAHUMANIYA APARTMENT, DOOR NO.2D, ADUKKA, MANGALPADY GRAMA
PANCHAYAT, KASARAGOD, , PIN - 671322
RESPONDENTS:
1. KHAIRUNNISA AGED 55 YEARS W/O LATE M.M.ABDUL RAHIMAN RESIDING AT
RAHEEZ MANZIL, MOOSODY UPPALA.P.O,MANJESHWAR TALUK,KASARAGOD
DISTRICT , PIN - 671322
2. MOHAMMED SHERIF AGED 40 YEARS S/O. LATE ABDUL RAHMAN, RESIDING AT
RAHEEZ MANZIL, MOOSODY UPPALA.P.O,MANJESHWAR TALUK, KASARAGOD
DISTRICT, , PIN - 671322
3. ABOOBACKER AGED 38 YEARS S/O. LATE ABDUL RAHMAN, RESIDING AT RAHEEZ,
MOOSODY UPPALA.P.O,MANJESHWAR TALUK, KASARAGOD DISTRICT , PIN -
671322
4. DIVISIONAL FOREST OFFICER VANASREE COMPLEX, VIDHYANAGAR P.O.,
KASARAGOD , PIN - 671123
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the illegal running of Badriyath Wood Industries,
functioning in Building No.564 of ward No.XII of Badiadka panchayath,
Kasargod District.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
Ms REENA ABRAHAM, Advocate for the petitioner, Mr JAWAHAR JOSE, Advocate
for the R1 to R3 and of GOVERNMENT PLEADER For R4, the court passed the
following:
WP(C) No.1610/2024 2/7
VIJU ABRAHAM,J
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W.P.(C).Nos.9732 & 1610 of 2024
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Dated this the 11th day of April, 2024
ORDER
The above writ petitions are filed challenging Ext.P16 order wherein the petitioners were directed to produce certain documents for renewal of the existing saw mill licence, which is detailed below:
i. The petitioner ought to have submitted the application for renewal 3 months prior to the expiry of Exhibit-P2 license, i.e 3 months prior to 11-2-2023, which is in the month of November, 2022. As the petitioner has submitted the application only on 23.1.2024, the same cannot be considered as per Rule 8(vi) of 2021 Rules. ii. The petitioner has not submitted the notarized affidavit of all the legal heirs of the deceased licensee.
iii. The petitioner has not produced the ownership certificate in the name of the new licensee, other than the ownership certificate in the name of the deceased licensee. iv. The petitioner has not produced the possession certificate in the name of the new WP(C) No.1610/2024 3/7 W.P.(C).Nos.9732 & 1610 of 2024 2 licensee, other than that in the name of the Haji V.K. Aboobacker and 3 others.
2. The learned counsel for the petitioner would submit that the petitioner in WP(C) No.1610 of 2024, is a legal heir of late Abdul Rahiman objected to the renewal of the license, etc., and has preferred the said writ petition.
3. When the matter came up for consideration on an earlier occasion, both sides submitted that there is a chance for settlement and the matter was posted before the mediation centre attached to the Court and that the issue has been settled between the parties on certain agreed terms.
4. As regard the 1st direction that in Ext.P16 that there is a delay in submitting the application within time and that an explanation should be submitted for the delay, petitioner would submit that necessary affidavit explaining the delay will be submitted within a period of 10 days from the date of receipt of a copy of the order. As regard the second direction to produce a notarized No Objection Certificate in respect of WP(C) No.1610/2024 4/7 W.P.(C).Nos.9732 & 1610 of 2024 3 all the legal heirs mentioned in the legal heirship certificate, petitioner would submit that necessary documents in this regard will be submitted. As regard the 3rd direction to produce fresh ownership certificate in respect of the building in question, petitioner would submit that as per Ext.P8 order produced in WP(C) No.9732 of 2024 issued by the competent civil court in I.A.No.4 of 2021 in O.S.No.43/2020 the petitioner is already appointed as authorised signatory for and to carry on the business of M/S.Badryath Wood Industries, Badiadka standing in item Nos.2 to 4 of plaint 'A' schedule property. Petitioner would further submit that in Ext.P6 judgment of the competent civil court which is produced in WP(C) No.9732 of 2024 in a suit for partition, preliminary decree has been passed wherein it is declared that the late Abdul Rahiman is the owner of the property and his legal heirs are entitled to inherit the property as stated in paragraph 6 of the judgment and that the petitioner is one of the legal heirs and she is entitled to run the WP(C) No.1610/2024 5/7 W.P.(C).Nos.9732 & 1610 of 2024 4 unit and consent letters of all the legal heirs will be produced before the authority. Petitioner would further submit that since only a preliminary decree has been passed declaring the right of the parties and only in the final decree proceedings, petitioner will be entitled for physical possession of the property decreed, after demarcation of the said property. Petitioner submits that she will produce the certified copy of the preliminary decree along with an affidavit stating that necessary documents in this regard will be produced after the final decree proceedings are over. As regards the 4th direction, since possession certificate is issued in favour of Haji V.K. Aboobacker, necessary notarized consent letter will be produced and rent deed if any, will be produced before the authorities.
Therefore, it is ordered that on submission of these documents, the request made by the petitioners for renewal of license shall be considered by the 1st respondent within a period of 2 months from the date of receipt of a copy of the WP(C) No.1610/2024 6/7 W.P.(C).Nos.9732 & 1610 of 2024 5 order, after affording an opportunity of being heard to the petitioners and any other affected parties.
Post on 22.05.2024.
sd/-
VIJU ABRAHAM, JUDGE pm 11-04-2024 /True Copy/ Assistant Registrar WP(C) No.1610/2024 7/7 APPENDIX OF WP(C) 1610/2024 Exhibit P2 TRUE COPY OF THE LICENCE DATED 12.02.2018 ISSUED EARLIER TO SHRI. ABDUL RAHIMAN, THE THEN PROPRIETOR OF THE SAW MILL 11-04-2024 /True Copy/ Assistant Registrar