P.K.Muhammed vs Divisional Forest Officer
2021 Latest Caselaw 5622 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

                      WP(C).No.19167 OF 2019(U)


PETITIONER:

               P.K.MUHAMMED
               AGED 57 YEARS
               S/O.KUNJALI, PADALADKA HOUSE, KUNTIKKANA.P.O-671551
               PROPRIETOR PADALADKA TIMBER INDUSTRIES

               BY ADV. SRI.LEGITH T.KOTTAKKAL

RESPONDENTS:

      1        DIVISIONAL FOREST OFFICER
               DIVISIONAL FOREST OFFICE, VANASREE COMPLEX,
               UDAYAGIRI VIDHYANAGAR KASARAGOD -671123

      2        THE CHIEF CONSEVATOR OF FORESTS,
               (FOREST LAND AND RESOURCES) AND NODAL OFFICE F(C) ACT
               AND CAMPA, CONVENOR, STATE LEVEL COMMITTEE,
               VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.

      3        THE STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               DEPARTMENT OF FOREST AND WILD LIFE GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001

      *ADDL. BADIYADUKKA GRAMA PANCHAYAT,
      R4     REP. BY ITS SECRETARY, P.O. PERADALA,
             KASARGOD DIST., PIN - 671 551.

               (ADDL. R4 IS SUO MOTU IMPLEADED AS PER ORDER DATED
               2/12/2020 IN WP(C)19167/2019.)

               BY ADV. SRI.P.VISHNU PRASAD

OTHER PRESENT:

               SPL.GP FOREST.SRI.SANDESH RAJA

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.19167 OF 2019(U)

                                       2




                              J U D G M E N T

Petitioner, who has been conducting a saw mill,

filed this writ petition after the application for

renewal of licence was rejected as per Ext.P4 and

repeated representations submitted by him did not

yield any positive results. Petitioner sought for a

direction to the respondents to consider his

application in the light of Ext.P8 document obtained

from the Panchayath. Petitioner has also produced

Ext.P1 NOC issued by the Divisional Forest Officer,

Kannur on 25.10.1996 in granting registration to his

industrial unit on Forest protection view point.

2. The additional 4th respondent- Grama

Panchayath has also produced Ext.R4(a) extract from

the licensee fee demand register maintained by it,

which would show that petitioner has remitted the

licence fee for 40HP electric motor for wood WP(C).No.19167 OF 2019(U)

industries in tune with Ext.P8.

3. Even though the counter affidavit and reply

affidavit were filed, the learned Government Pleader

submits that Government has since amended the rules

relating to the grant of licence for running saw mills

as per G.O.(P).No.2/2021/F&WLD dated 12.02.2021

according to which the attested copy of the dangerous

and offensive trade register maintained by the Grama

Panchayaths, for the period prior to 30.10.2002 would

be accepted as proof for the purpose of granting

licence. It is also relevant to note that while

rejecting the application submitted by the petitioner

as per Ext.P4 order, the DFO had stated that the

petitioner's application can be considered as and when

rules are amended. Now that the rules are amended, it

is only appropriate that the DFO re-considers Ext.P3

application submitted by the petitioner as assured in

Ext.P4, in the light of the rules amended as per the

Government Order, dated 12.02.2021. WP(C).No.19167 OF 2019(U)

The writ petition is therefore disposed of

directing the first respondent to consider and pass

orders on Ext.P4 application afresh taking note of the

amended rules as well as Ext.P8 and Ext.R4(a), within

a period of 'one month' from the date of receipt of a

copy of the judgment.

Petitioner shall furnish a notarized copy of the

relevant extract of the relevant register from the

Panchayath, before the 1st respondent.

Sd/-

P.V.ASHA, JUDGE AS WP(C).No.19167 OF 2019(U)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 COPY OF THE NO OBJECTION DATED 25.10.1996 ISSUED BY THE DIVISIONAL FOREST OFFICER, KANNUR FOR COMMENCING THE INDUSTRIAL UNIT

EXHIBIT P2 COPY OF THE NO OBJECTION CERTIFICATE DATED 08.05.2008 ISSUED BY THE DIVISIONAL FOREST OFFICER, KANNUR

EXHIBIT P3 COPY OF THE APPLICATION 25.11.2013 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P4 COPY OF THE ORDER DATED 15.02.2014 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P5 COPY OF THE APPLICATION DATED 16.11.2015 TO CONDONE THE DELAY IN RENEWAL OF LICENSE

EXHIBIT P6 COPY OF THE REPRESENTATION DATED 29.01.2018 BEFORE THE HON'BLE MINISTER FOR FORESTS AND WILDLIFE

EXHIBIT P7 COPY OF ORDER DATED 11.07.2018 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P8 COPY OF THE LICENSE FEES DEMAND REGISTER MAINTAINED BY BADIADKA GRAMA PANCHAYAT FOR THE PERIOD 1997-98

EXHIBIT P9 COPY OF THE LICENSE ISSUED BY THE BADIADKA GRAMA PANCHAYAT FOR THE YEAR 2018-19

EXHIBIT P10 COPY OF THE LETTER NO-JC2/1514/20 DATED 27.2.2020 ISSUED BY BADIYADUKKA GRAMA PANCHAYAT WP(C).No.19167 OF 2019(U)

RESPONDENTS' EXHIBITS:

EXHIBIT R4 A TRUE COPY OF PAGE NO. 71 OF THE LICENSE FEE DEMAND REGISTER FOR THE YEAR 1997- 1998 MAINTAINED BY THE ADDITIONAL 4TH RESPONDENT