Thalthodika Abdullakutty vs The Divisional Forest Officer ...
2021 Latest Caselaw 2426 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                THE HONOURABLE MR. JUSTICE GOPINATH P.

     THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                      WP(C).No.15430 OF 2014(C)


PETITIONER:

               THALTHODIKA ABDULLAKUTTY
               S/O.HYDRAMANKUTTY, THALTHODIKA HOUSE, VAKALOOR,
               KAVANOOR, MALAPPURAM DISTRICT.

               BY ADVS.
               SRI.BABU S. NAIR
               SMT.SMITHA BABU

RESPONDENTS:

      1        THE DIVISIONAL FOREST OFFICER (NORTH),
               NILAMBUR, MALAPPURAM DISTRICT, PIN- 679 329.

      2        THE FOREST RANGE OFFICER
               EDAVANNA FOREST RANGE,
               MALAPPURAM DISTRICT, PIN - 673 329.

               BY SRI. SANDESH RAJA, SPL. GOVERNMENT PLEADER, FOREST




     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.15430 OF 2014(C)

                                           2

                                       JUDGMENT

Dated this the 21st day of January 2021

This writ petition was filed seeking the following reliefs:

i) Call for the entire records leading up to Exhibit P8 and quash the same by the issuance of a writ of certiorari or any other appropriate writs, orders or directions;

ii) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the first respondent to consider Exhibit P5 application for licence on merits and pass orders on the same expeditiously without any further delay;

iii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.

2. When the matter was taken up on 20.01.2021, Sri.

Sandesh Raja, the learned Special Government Pleader (Forest)

has submitted that as per the instructions received by him, the

petitioner died on 06.08.2018 and the Range Forest Officer

contacted the younger son of the petitioner, Sri. Shajahan who

stated that his saw mill in question was not working and was

stopped from 2004 onwards. It is stated that according to Mr.

Shajahan, the building has already been demolished and the

machineries were sold out at that time itself. It is also stated that

Mr. Shajahan, who succeeded to the property has sold the land in

question during the year 2014. I have been shown copies of the WP(C).No.15430 OF 2014(C)

death certificate of the petitioner and the statement given by the

aforesaid Shajahan to the Forest Range Officer, Edavanna Range.

That apart, after the death of the petitioner, no steps have been

taken to implead the legal heirs, even assuming that the right to

sue survives. For all these reasons, this writ petition dismissed.

Sd/-

GOPINATH P.

JUDGE DK WP(C).No.15430 OF 2014(C)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY, KAVANOOR GRAMA PANCHAYATH ALONG WITH THE EXTRACT OF LICENSE FEES REGISTRAR DATED 24/9/2004.

EXHIBIT P2 TRUE COPY OF THE LICENCE OF THE SAW MILL ISSUED TO THE PETITIONER DATED 19/7/2005 BY THE SECRETARY, KAVANOOR GRAMA PANCHAYATH.

EXHIBIT P3 TRUE COPY OF THE NO-OBJECTION CERTIFICATE ISSUED BY THE FIRST RESPONDENT DATED 18/5/2005.

EXHIBIT P4 TRUE COPY OF THE REGISTRATION CERTIFICATE SHOWING THAT THE SAW MILL IS REGISTERED AS A SMALL SCALE INDUSTRIAL UNIT BY THE DISTRICT INDUSTRIES CENTER, MALAPPURAM DT. 7/4/2005.

EXHIBIT P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 25/10/2012.

EXHIBIT P6 TRUE COPY OF THE CHALAN, SUBMITTED BY THE PETITIONER ALONG WITH THE APPLICATION DATED, 25/10/2012.

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION ISSUED BY THE FIRST RESPONDENT TO THE 2ND RESPONDENT DATED 16/1/2013.

EXHIBIT P8 TRUE COPY OF THE ORDER ISSUED BY THE FIRST RESPONDENT AS NO.32-8433/2012 DATED 22/4/2014.

     RESPONDENTS' EXHIBITS:     NIL