T.V.Joseph vs The Principal Chief Conservtor Of ...
2021 Latest Caselaw 11389 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                       WP(C).No.9275 OF 2021(H)


PETITIONER:

               T.V.JOSEPH
               S/O VARKEY MATHEW
               THONDUMKULAM HOUSE
               KONGADOOR POST, AYARKUNNAM
               KOTTAYAM DISTRICT-686564
               BY ADVS.
               SRI.MATHEW JOHN (K)
               SRI.MATHEW DEVASSI
               SRI.ABY J AUGUSTINE

RESPONDENTS:

      1        THE PRINCIPAL CHIEF CONSERVTOR OF FOREST
               [FOREST & LAND RESOURCES] & NODA, OFFICER F[C]
               FOREST HEAD QUARTERS
               THIRUVANANTHAPURAM-695001

      2        THE DIVISIONAL FOREST OFFICER,
               PARAMPUZHA, KOTTAYAM-686 004

      3        THE AYARKUNNAM GRAMA PANCHAYATH
               REPRESENTED BY ITS SECRETARY
               AYARKUNNAM, KOTTAYAM -686564

      4        THE SECRETARY
               AYARKUNNAM GRAMA PANCHAYATH
               AYARKUNNAM, KOTTAYAM - 686564


               SRI.SANDESH RAJA.K.SPL GP,
               SRI.K.S.MURALI KRISHNAN,SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9275 OF 2021(H)

                                        2




                                 JUDGMENT

Dated this the 08th day of April 2021

The petitioner has approached this Court

aggrieved by Ext.P19 order passed by the 2nd

respondent despite the direction in Ext.P18 to

pass orders in the light of Ext.P17 order.

Ext.P19 order would show that except for

reference No.8 in the said order there is not

even a mention about Ext.P17 order.

2. Heard Sri.Mathew John, the learned

counsel appearing for the petitioner and

Sri.Sandesh Raja K., the learned Special

Government Pleader.

3. Therefore, Ext.P19 order is set aside,

there shall be a direction to the 2nd respondent

to pass orders as directed in Ext.P18 judgment

where there was a specific direction to consider

the application of the petitioner with reference

to Ext.P17 order. Till orders are passed, the WP(C).No.9275 OF 2021(H)

petitioner shall be allowed to continue

functioning of the sawmill. Orders shall be

passed within a period of two months from the

date of receipt of a copy of the judgment.

The writ petition is accordingly disposed of.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.9275 OF 2021(H)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION UNDER THE KGST RULES DATED 30.6.1998.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION UNDER THE CST RULES DATED 30.6.1998.

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF PERMANENT REGISTRATION ISSUED BY THE DEPARTMENT OF INDUSTRIES & COMMERCE.

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE DIVISIONAL FOREST OFFICER, KOTTAYAM DATED 22.12.1998.

EXHIBIT P5 TRUE COPY OF THE LETTER BY THE ASST.ENGINEER, K.S.E.B DATED 17.10.2008 TO THE PETITIONER.

EXHIBIT P6 TRUE COPY OF THE COMMUNICATION ISSUED BY THE DIVISIONAL FOREST OFFICER, KOTTAYAM DATED 6.11.2003.

  EXHIBIT P7          TRUE   COPY   OF  THE   LETTER    BY   THE
                      PETITIONER   TO  THE    PRINCIPAL    CHIEF
                      CONSERVATOR          OF          FORESTS,

THIRUVANANTHAPURAM DATED 24.11.2015.

EXHIBIT P8 TRUE COPY OF THE LETTER TO THE PETITIONER BY THE ADDL.PRINCIPAL CHIEF FOREST CONSERVATOR DATED 28.12.2015.

  EXHIBIT P9          TRUE   COPY   OF  THE   LETTER    BY   THE
                      PETITIONER   TO  THE    PRINCIPAL    CHIEF
                      CONSERVATOR          OF          FORESTS,

THIRUVANANTHAPURAM DATED 7.1.2016.

EXHIBIT P10 TRUE COPY OF THE REPLY VIDE NO.FC3.59525/15 DATED 15.02.2016 ISSUED TO THE PETITIONER.

WP(C).No.9275 OF 2021(H)

EXHIBIT P11 TRUE COPY OF THE LETTER TO THE PETITIONER DATED 18.6.2016 BY THE ASST.CHIEF CONSERVATOR OF FORESTS.

EXHIBIT P12 TRUE COPY OF THE CERTIFICATE ISSUED BY THE AYARKUNNAM GRAMA PANCHAYATH DATED 3.8.2016.

EXHIBIT P13 TRUE COPY OF THE LETTER BY THE PETITIONER DATED 3.8.2016 TO THE ADDL.PRINCIPAL CHIEF FOREST CONSERVATOR.

EXHIBIT P14 TRUE COPY OF THE LETTER DATED 18.11.2017 BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS TO THE DIVISIONAL

EXHIBIT P15 TRUE COPY OF THE LETTER VIDE NO.E3-

53/2015 DATED 11.01.2018 ISSUED BY THE D.F.O., KOTTAYAM TO THE PETITIONER.

EXHIBIT P16 TRUE COPY OF THE COUNTER AFFIDAVIT ALONG WITH THE EXTS. FILED BY THE 4 TH RESPONDENT IN W.P.(C) NO.27949/2019.

EXHIBIT P17 TRUE COPY OF THE GOVERNMENT ORDER GO(RT).NO469/2014/F & WLD DATED 14.10.2014.

EXHIBIT P18 TRUE COPY OF THE JUDGMENT DATED 11.02.2021 IN W.P.(C)NO.27949/2019 OF THIS HON'BLE COURT.

EXHIBIT P19 TRUE COPY OF THE ORDER VIDE NO.E3-

7594/2019 DATED 15.03.2021 OF THE 2ND RESPONDENT.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE