K.M.Nasar vs State Level Committee
2022 Latest Caselaw 7281 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
        THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                        WP(C) NO. 19230 OF 2022
PETITIONER/S:


            K.M.NASAR
            AGED 60 YEARS
            S/O. MUHAMMED, MANAKKAL HOUSE, NADACKAL P.O.,
            ERATTUPETTA, KOTTAYAM, PIN- 686121
            BY ADVS.
            JOICE GEORGE
            LIJI.J.VADAKEDOM
            TOM E. JACOB


RESPONDENT/S:


    1       STATE LEVEL COMMITTEE
            REPRESENTED BY ITS MEMBER SECRETARY, PRINCIPAL CHIEF
            FOREST CONSERVATOR (FM), FOREST HEADQUARTERS,
            VAZHUTHACADU, THIRUVANANTHAPURAM-695014
    2       PRINCIPAL CHIEF FOREST CONSERVATOR(FM),
            NODAL OFFICER, F(C) ACT, FOREST HEADQUARTERS,
            VAZHUTHACADU, THIRUVANANTHAPURAM-695014
    3       DIVISIONAL FOREST OFFICER-KOTTAYAM,
            OFFICE OF THE DIVISIONAL FOREST OFFICER, CIVIL STATION,
            (3RD FLOOR), KOTTAYAM-686002
    4       THE DIVISIONAL FOREST OFFICER-KONNI,
            KONNI FOREST DIVISION, KONNI P.O., PATHANAMTHITTA, PIN
            -689691
    5       S.D. CHANDRAN,
            S/O. DAMODRAN NAIR, SATHYALAYAM, EZHACHERY P.O.,
            VELLIPPALLY VILLAGE, MEENACHIL TALUK, KOTTAYAM
            DISTRICT, PIN-686651
    6       GISMON THOMAS,
            AGED 39 YEARS,. NELLAMKUZHIYIL HOUSE,KGP X/7,
            KOLLAPPALLY, KADANADU VILLAGE, MEENACHIL TALUK,
            KOTTAYAM DISTRICT, PIN- PIN-686651
    7       RAJESH V.K.
            AGED 45 YEARS, S/O. KRISHNANKUTTY NAIR, VALLIYIL HOUSE,
            X/7, KOLLAPPALLY, KADANADU VILLAGE, MEENACHIL TALUK,
            KOTTAYAM DISTRICT, PIN-686651
OTHER PRESENT:
 WP(C) NO. 19230 OF 2022
                               2

          SPL.GP.FORESTS T.P.SAJAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19230 OF 2022
                                    3

                                JUDGMENT

Dated this the 23rd day of June, 2022

The petitioner was conducting a Saw Mill at Mangaram Konni

(Licence No.KNI 8/2012) within the jurisdiction of the 4th respondent.

He has submitted an application to shift the saw mill to a site within the

jurisdiction of the 3rd respondent. The petitioner claims to have obtained

all requisite licenses and permits for conducting the saw mill at the new

site. The 4th respondent verified the application for shifting and

forwarded it to the 3rd respondent. In times, the 3 rd respondent sent the

application to the State Level Committee/1st respondent, which is now

vested with the power to grant permission for shifting as per Rule 13(5)

of the Kerala Forest (Regulation of Saw mills and other Wood Based

Industrial Units) Rules 2021. The writ petition is filed aggrieved by the

delay in passing order on the petitioner's application for consideration.

2. Heard the learned Counsel for the petitioner and the learned

Government Pleader.

3. Learned Special Government Pleader submitted that the

petitioner's application for shifting is kept aside due to the pendency of

a civil suit with respect to the functioning of the saw mill.

4. Learned Counsel for the petitioner clarified that the suit has

nothing to do with the application for shifting and the prayer therein is WP(C) NO. 19230 OF 2022

for prohibitory injunction, restraining the petitioner from conducting the

Saw Mill without requisite licenses and to stop the unauthorized

functioning of the saw mill.

5. Having gone through the plaint in the civil suit (Ext.P6), I am

convinced that the pendency of the suit cannot be a reason for refusing

to consider the petitioner's application for shifting. The allegation in the

plaint is that the petitioner is functioning the saw mill at the new site

without licence. Pertinently, the 3 rd responded has made it clear in the

written statement (Ext.P7) that he visited the Unit and found only few

machineries. It is categorically stated that the new Mill has not started

functioning at the proposed site.

The writ petition is hence disposed of, directing the 1 st respondent

Committee to consider Ext.P4 application and pass appropriate orders

thereon in the next meeting of the Committee itself.

Sd/-

V.G ARUN JUDGE

SJ WP(C) NO. 19230 OF 2022

APPENDIX OF WP(C) 19230/2022

PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE LICENSE FOR SAW MILL FOR THE PERIOD FROM 16.11.2020 TO 15.11.2023 ISSUED BY RESPONDENT NO.4 IN THE NAME OF THE PETITIONER Exhibit P2 THE COPY OF THE NO OBJECTION DATED 22.12.2020 ISSUED FROM KADANAD GRAMA PANCHAYAT Exhibit P2A THE COPY OF THE CONSENT TO ESTABLISH THE SAW MILL DATED 15.9.2020 ISSUED BY THE POLLUTION CONTROL BOARD Exhibit P2B THE COPY OF THE CONSENT TO OPERATE THE SAW MILL DATED 9.3.2021 ISSUED BY THE POLLUTION CONTROL BOARD Exhibit P2C THE COPY OF THE GST REGISTRATION CERTIFICATE DATED 1.11.2021 ISSUED IN THE NAME MANAKKAL TIMBERS AND SAW MILL Exhibit P2D THE COPY OF THE LICENSE DATED 29.9.2021 ISSUED BY THE DEPARTMENT OF FACTORIES AND BOILERS Exhibit P2E THE COPY OF THE ACKNOWLEDGEMENT CERTIFICATE DATED 1.2.2021 ISSUED BY THE DISTRICT INDUSTRIES OFFICER, KOTTAYAM Exhibit P3 THE COMMUNICATION DATED 20.2.2021 ISSUED BY RESPONDENT NO.4 TO RESPONDENT NO.3 Exhibit P4 THE COPY OF THE FORWARDING LETTER DATED 15.3.2021 SUBMITTED BY RESPONDENT NO.3 BEFORE

Exhibit P5 THE COPY OF THE COMMUNICATION DATED 31.5.2022 ISSUED BY RESPONDENT NO.3 TO THE PETITIONER Exhibit P6 THE COPY OF THE PLAINT IN O.S. NO. 266/2021 BEFORE THE MUNSIFFS COURT, PALA Exhibit P7 THE COPY OF THE WRITTEN STATEMENT FILED BY 3RD RESPONDENT HEREIN IN O.S. NO. 266/2021 BEFORE THE MUNSIFFS COURT, PALA