N.Sivadasan vs The Divisional Forest Officer
2022 Latest Caselaw 6808 Ker

 WP(C).14290/21                     1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE V.G.ARUN
   TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                       WP(C) NO. 14290 OF 2021
PETITIONER/S:

           N.SIVADASAN
           AGED 63 YEARS
           S/O.NATESAN, PUTHENTHARAYIL HOUSE, THIRUMALABHAGOM
           CHERTHALA TALUK, ALAPPUZHA DISTRICT - 688 528.

           BY ADVS.
           G.HARIHARAN
           PRAVEEN.H.
           K.S.SMITHA
           V.R.SANJEEV KUMAR



RESPONDENT/S:

    1      THE DIVISIONAL FOREST OFFICER
           RANNY, PATHANAMTHITTA DISTRICT - 689 672.

    2      THE SECRETARY
           THURAVOOR GRAMA PANCHAYAT, THURAVOOR, CHERTHALA
           TALUK, ALAPPUZHA DISTRICT - 688 533.

    3      KERALA STATE POLLUTION CONTROL BOARD
           DISTRICT OFFICE, ALAPPUZHA - 688 001 REPRESENTED BY
           THE ENVIRONMENTAL ENGINEER.

           BY ADVS.
           GOVERNMENT PLEADER
           P.SANTHOSH KUMAR (TR)
           T.P.SAJAN


OTHER PRESENT:

           SC FOR PCB T. NAVEEN


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
  WP(C).14290/21                        2




                              V.G.ARUN, J.
               -----------------------------------------------
                     W.P(C).No. 14290 of 2021
               -----------------------------------------------
              Dated this the 14th day of June, 2022

                               JUDGMENT

The petitioner is conducting a sawmill with the requisite

licence/permission from the Kerala State Pollution Control Board and

other statutory authorities. The petitioner has approached this Court

aggrieved by Exhibit P4 notice issued by the 1 st respondent, finding

fault with the petitioner for having enhanced the production capacity

of his unit without obtaining prior permission from the Forest

Department. The petitioner has submitted Exhibit P6 explanation to

Exhibit P4 notice.

2. Heard learned Counsel for the petitioner, learned Special

Government Pleader (Forest) and the learned Standing Counsel for

the Kerala State Pollution Control Board.

3. Learned Standing Counsel for the Kerala State Pollution

Control Board submitted that, pending the writ petition, the

Environmental Engineer conducted an inspection at the sawmill and

submitted a report stating that, at the time of inspection, no

pollution generated by the functioning of the unit was within the

permitted limits.

4. The relief sought in the writ petition is primarily for an order

restraining the first respondent from proceeding against the

petitioner on the strength of Exhibit P4 notice without taking note of

the various contentions raised by the petitioner in Exhibit P6

objection and affording an opportunity of being heard to substantiate

the contentions.

In the nature of the reliefs sought, the writ petition is disposed

of, directing the 1st respondent to afford an opportunity of hearing to

the petitioner before finalising the proceedings initiated as per

Exhibit P4. For that purpose, the 1 st respondent shall issue the

petitioner with a notice requiring his appearance on a specific date

and time. After hearing the petitioner, appropriate orders can be

passed by the 1st respondent.

Sd/-

V.G.ARUN, JUDGE

vgs

APPENDIX OF WP(C) 14290/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LICENCE NO.RNI-581 DATED 04/10/2016 ISSUED BY THE 1ST RESPONDENT WHICH IS VALID UPTO 03/10/2021.

Exhibit P2 TRUE COPY OF THE LICENCE NO.C4-

213(9442/20)20-21 DATED 11/06/2020 ISSUED BY THE 2ND RESPONDENT VALID UPTO 31/03/2021.

Exhibit P3 TRUE COPY OF THE INTEGRATED CONSENT VARIATION ORDER DATED 23/03/2020 ISSUED BY THE 3RD RESPONDENT IN THE NAME OF THE PETITIONER.

Exhibit P4 TRUE COPY OF THE NOTICE DATED 03/06/2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 17/02/2020 MADE IN WP(C) NO.2842/2020.

Exhibit P6 TRUE COPY OF THE REPLY SENT BY THE PETITIONER TO THE 1ST RESPONDENT ON 09/07/2021 AGAINST THE ISSUANCE OF EXHIBIT P1 LICENCE.

Exhibit P7 TRUE COPY OF THE RECEIPT DATED 16/03/2021 ISSUED BY THE PANCHAYATH IN THE NAME OF THE PETITIONER.