Kerala High Court
T.V.Joseph vs The Appellate Authority on 11 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942
WP(C).No.27949 OF 2019(P)
PETITIONER:
T.V.JOSEPH
AGED 62 YEARS
S/O VARKEY,THODUNKUNNAM HOUSE,
KONGADOOR POST,AYARKUNNAM,
KOTTAYAM DISTRICT-686564.
BY ADVS.
SRI.MATHEW JOHN (K)
SRI.MATHEW DEVASSI
SRI.ABY J AUGUSTINE
RESPONDENTS:
1 THE APPELLATE AUTHORITY,
CONSTITUTED UNDER RULE 19 OF THE KERALA FOREST
(REGULATION OF SAW MILL AND OTHER WOOD BASED
INDUSTRIAL UNIT RULES)2012.
ADDL.CHIEF SECRETARY,
FOREST AND WILD LIFE DEPARTMENT,
SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
(FOREST AND LAND RESOURCES)
AND NODAL OFFICER F (C),FOREST HEAD
QUARTERS,THIRUVANANTHAPURAM-695001.
3 THE DIVISIONAL FOREST OFFICER,
PARAMPUZHA,KOTTAYAM-686004.
*4 ADDL.R4 AYARKUNNAM GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
AYARKUNNAM P.O.- 686 564
*5 ADDL. R5 THE SECRETARY,
AYARKUNNAM GRAMA PANCHAYATH,
AYARKUNNAM P.O.- 686 564
WP(C).No.27949 OF 2019
2
*ADDITIONAL R4 AND R5 ARE IMPLEADED AS PER THE
ORDER DATED 10-11-2020 IN I.A. 01/2020.
R4 BY ADV. SRI.K.S.MURALIKRISHNAN NAIR
R4-5 BY ADV. SRI.O.D.SIVADAS
SPL.GP.FORST .SRI.SANDESH RAJA.K ,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.27949 OF 2019
3
P.V.ASHA, J.
---------------------------------
WP(C) No.27949 of 2019
----------------------------------
Dated this the 11th day of February, 2021
JUDGMENT
The writ petition is filed by the petitioner who is running
a Saw Mill, aggrieved by Ext.P15 proceedings by Divisional
Forest Officer, Kottayam, rejected the petitioner's application
for license for running a Wood Based Industrial Unit. Ext.P15
order was passed on the basis of Ext.P14 letter dated
18.07.2017. The petitioner had thereafter filed Ext.P16 appeal
before the Appellate Authority, constituted under Rule 19 of
the Kerala Forest [Regulation of Saw Mill and Other Wood
Based Industrial Unit] Rules, 2012, and approached this
Court. On the basis of interim order passed by this Court on
24.10.2019, directing to maintain status quo the mill
continues functioning.
2. The learned Special Government Pleader made
available a copy of the order G.O(Rt).No.649/2014/F & W.L.D.
dated 14.10.2014, by which the Government has granted
permission to the Authorised Officers to issue license for
Rubber Based Wood Industrial Units, which started functioning
WP(C).No.27949 OF 2019
after 30.10.2002.
In the light of the aforesaid order, Exts.P14 and P15 are
quashed. There shall be a direction to the 3 rd respondent to
re-consider application referred to in Exts.P16 and P17 and to
pass fresh orders within a period of one month. Till such time
a decision is taken on Exts. P16 and P17, status quo, as on
24.10.2019, shall be maintained.
This writ petition is disposed of as above.
Sd/-
P.V.ASHA
JUDGE
VPK
WP(C).No.27949 OF 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE OF
REGISTRATION UNDER THE KGST RULES DATED
30.6.1998
EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE OF
REGISTRATION UNDER THE CST RULES DATED
30.06.1998
EXHIBIT P3 A TRUE COPY OF THE CERTIFICATE OF PERMANENT
REGISTRATION ISSUED BY THE DEPARTMENT OF
INDUSTRIES & COMMERCE
EXHIBIT P4 A TRUE COPY OF THE CERTIFICATE ISSUED BY
THE DIVISIONAL FOREST OFFICER,KOTTAYAM
DATED 22.12.1998
EXHIBIT P5 A TRUE COPY OF THE LETTER BY THE
ASST.ENGINEER,K.S.E.B.DATED 17.10.2008 TO
THE PETITIONER
EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION ISSUED BY
THE DIVISIONAL FOREST OFFICER,KOTTAYAM
DATED 6.11.2003.
EXHIBIT P7 A TRUE COPY OF THE LETTER BY THE PETITIONER
TO THE PRINCIPAL CHIEF CONSERVATOR OF
FORESTS,THIRUVANANTHAPURAM DATED
24.11.2015.
EXHIBIT P8 A TRUE COPY OF THE LETER TO THE PETITIONER
BY THE ADDL.PRINCIPAL CHIEF FOREST
CONSERVATOR DATED 28.2.2015
EXHIBIT P9 A TRUE COPY OF THE LETER TO THE PETITIONER
BY THE PRINCIPAL CHIEF
FORESTS,THIRUVANANTHAPURAM, DATED 7.1.2016
EXHIBIT P10 A TRUE COPY OF THE REPLY TO THE PETITIONER
DATED 15.2.2016
EXHIBIT P11 A TRUE COPY OF THE LETTER TO THE PETITIONER
DATED 18.6.2016 BY THE ASST.CHIEF
CONSERVATOR OF FORESTS
EXHIBIT P12 A TRUE COPY OF THE CERTIFICATE ISSUED BY
THE AYARKUNNAM GRAMA PANCHAYATH DATED
WP(C).No.27949 OF 2019
3.8.2016
EXHIBIT P13 A TRUE COPY OF THE LETTER BY THE PETITIONER
DATED 3.8.2016 TO THGE3 ADDL.PRINCIPAL
CHIEF FOREST CONSERVATOR
EXHIBIT P14 A TRUE COPY OF THE LETTER DATED 18.11.2017
BY THE PRINCIPAL CHIEF CONSERVATOR OF
FORESTS TO THE DIVISIONAL FOREST
OFFICER,KOTTAYAM
EXHIBIT P15 A TRUE COPY OF THE LETTER BY THE
D.F.O.KOTTAYAM DATED 11.1.2018.
EXHIBIT P16 A TRUE COPY OF THE MEMORANDUM OF APPEAL
FILED BY THE PETITIONER DATED 21.8.2018
EXHIBIT P17 A TRUE COPY OF THE AFFIDAVIT AND PETITION
FOR CONDONING THE DELAY IN THE FILING THE
APPEAL
EXHIBIT P18 A TRUE COPY OF THE CHALAN FOR RS.300/-
EXHIBIT P19 A TRUE COPY OF THE COMMUNICATION BY THE 2ND
RESPONDENT DATED 31.10.2019
RESPONDENT'S/S EXHIBITS:
EXHIBIT R5(A) TRUE COPY OF THE LETTER ISSUED BY THE
ASSISTANT ENGINEER, ELECTRICAL SECTION,
AYARKUNNAM DATED 03.08.2016
EXHIBIT R5(B) TRUE COPY OF THE CERTIFICATE ISSUED TO THE
PETITIONER DATED 26.08.2020
