K. Davood vs State Of Kerala
2022 Latest Caselaw 5671 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                      WP(C) NO. 23421 OF 2013
PETITIONER:

            K. DAVOOD
            KALATHIL HOUSE, VALLAPPUZHA P O-679336,
            PALAKKAD DIST, KERALA
            BY ADVS.
            SRI.THAMPAN THOMAS
            SRI.SHAFFIE THOMAS

RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY,
            FOREST DEPARTMENT, THIRUVANANTHAPURAM-695001
    2       PRINCIPAL CHIEF CONSERVATOR OF FORESTS,
            FOREST HEAD QUARTERS,VAZHUTHACADU,
            THIRUVANANTHAPURAM-695014
    3       CHIEF CONSERVATOR OF FORESTS
            EASTERN CIRCLE , ARANYA BHAVAN, OLAVAKODE P O,
            PALAKKAD, PIN-678002 KERALA
    4       DIVISIONAL FOREST OFFICER
            DIVISIONAL FOREST OFFICE,
            KALLEKULANGARA P.O.-678009, PALAKKAD, KERALA
OTHER PRESENT:

            SRI.T.P.SAJAN, SPL.GP(FOREST)


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   27.05.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.23421/2013

                                  2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.23421 of 2013
             ----------------------------------------------
            Dated this the 27th day of May, 2022


                           JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of certiorari or other appropriate writ, order or direction calling for the records in the case and quash EXHIBIT-P10 Order and all further proceedings thereon. ii. To declare that the petitioner is entitled to continue with the operation of the plywood unit without unnecessary intervention from the side of respondents.

iii. To issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to issue necessary licenses to the petitioner's plywood unit and to permit the operation of the same.

iv. To issue such other appropriate writ, order or direction as this Hon'ble Court deems fit and necessary in the case.

v. To award the cost of the petition.

(SIC) W.P.(C).No.23421/2013

2. Petitioner is challenging Ext.P10 order passed by

the 3rd respondent. It is an order passed in an appeal filed

against Ext.P8 order.

3. When this writ petition came up for consideration

on 25.09.2013, this Court passed an order of status quo. The

same was extended regularly and on 07.07.2014, the interim

order was extended until further orders. Even now the

interim order is in force. Ext.P10 order is dated 29.07.2013.

Now about 9 years elapsed. In the light of the subsequent

events, there can be a direction to the appellate authority to

reconsider the matter, after giving an opportunity of hearing

to the petitioner. For facilitating the appellate authority to

reconsider the matter, Ext.P10 can be quashed.

Therefore, this writ petition is allowed in the following

manner:

1. Ext.P10 is set aside.

2. The 3rd respondent is directed to reconsider

the matter and pass appropriate orders, after

getting necessary report from the appropriate

authorities in accordance to law, as

expeditiously as possible, at any rate, within W.P.(C).No.23421/2013

three months from the date of receipt of a copy

of this judgment.

2. Before passing final orders, the 3 rd respondent

will give an opportunity of hearing to the

petitioner.

3. Till final orders are passed, the order of status

quo passed by this Court will continue.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.23421/2013

APPENDIX OF WP(C) 23421/2013

PETITIONER EXHIBITS P1:-TRUE COPY OF THE RELEVANT PAGES OF FACTORIES AND BOILERS CERTIFICATE DTD 23/11/1988 P2:-TRUE COPY OF THE ORDER DTD NIL P3:-TRUE COPY OF THE PANCHAYATH LICENSE FOR THE FINANCIAL YEAR 2002-03 ISSUED ON 14/3/2003 P4:-TRUE COPY OF THE NOC DTD 4/3/2011 P5:-TRUE COPY OF THE RELEVANT PAGES OF THE VERIFICATION REPORT DTD 29/9/2012 P6:-TRUE COPY OF THE CERTIFICATE DTD NIL ISSUED BY THE PANCHAYATH P7:-TRUE COPY OF THE CERTIFICATE NO.A1.1479/2013 DTD 9/4/2013 P8:-TRUE COPY OF THE ORDER NO A1- 5376/2012 DTD 8/;5/2013 OF THE 4TH RESONDENT P9:-TRUE COPY OF THE APPEAL MEMORANDUM DTD NIL FILED BY THE PETITIONER P10:-TRUE COPY OF THE ORDER NO T 5944/13 OF THE 3RD RESPONDENT DTD 29/7/2013