Kerala High Court
N.A.Varghese vs State Of Kerala on 18 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
WP(C) NO. 29858 OF 2010
PETITIONER:
N.A.VARGHESE, S/O.ALIAS, PROPRIETOR,
SONIA FURNITURE & WOOD WORKS, ANJUKUNNU, RESIDING AT
NIRAPPIL, PUTHENPURAYIL HOUSE, ANJUKUNNU, MANANTHAVADY,
WAYANADU DISTRICT.
BY ADV SRI.ABRAHAM MATHEW (VETTOOR)
RESPONDENTS:
1 THE DIVISIONAL FOREST OFFICER,
NORTH WAYANAD DIVISION, MANANTHAVADY - 670 745.
2 THE PANAMARAM GRAMA PANCHAYATH
PANAMARAM P.O., REPRESENTED BY ITS SECRETARY - 670 721.
3 STATE OF KERALA REPRESENTED BY THE
CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
BY ADV SRI.MANOJ RAMASWAMY - R2
SRI.T.P.SAJAN, SPECIAL GP (FOREST)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2023, ALONG WITH WP(C).8202/2012, 16671/2014 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos. 29858 of 2010, 8202 of 2012,
16671 of 2014 and 32126 of 2018
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
WP(C) NO. 8202 OF 2012
PETITIONER:
N.A.VARGHESE
S/O.ALIAS,PROPRIETOR, SONIA FURNITURE &
WOOD WORKS,ANJUKUNNU, R/A.NIRAPPIL,
PUTHENPURAYIL HOUSE, ANJUKUNNU, MANATHAVADY ,
WAYANADU DISTRICT.
BY ADV SRI.ABRAHAM MATHEW (VETTOOR)
RESPONDENTS:
1 THE PANAMARAM GRAMA PANCHAYATH
PANAMARAM P.O.,WAYANAD DIST, REP.BY ITS
SECRETARY, PIN-670721
2 THE SECRETARY
PANAMARAM GRAMA PANCHAYATH, PANAMARAM
P.O.,WAYANAD DISTRICT, PIN-670721
BY ADV SRI.MANOJ RAMASWAMY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.01.2023, ALONG WITH WP(C).29858/2010 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).Nos. 29858 of 2010, 8202 of 2012,
16671 of 2014 and 32126 of 2018
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
WP(C) NO. 16671 OF 2014
PETITIONER:
N.A.VARGHESE
S/O.ALIAS, PROPRIETOR, SONIA FURNITURE & WOOD
WORKS, ANJUKUNNU, RESIDING AT NIRAPPIL,
PUTHENPURAYIL HOUSE, ANJUKUNNU, MANATHAVADY,
WAYANADU DISTRICT.
BY ADVS.
SRI.ABRAHAM MATHEW (VETTOOR)
SRI.SRI.ANIL ABEY JOSE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO
GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DIVISIONAL FOREST OFFICER
NORTH WAYANAD DIVISION, MANANTHAVADY, WAYANAD
DISTRICT - 670 645.
3 THE FOREST RANGE OFFICER
MANANTHAVADY, WAYANAD DISTRICT - 670 645.
4 THE PANAMARAM GRAMA PANCHAYATH
PANAMARAM P.O., REPRESENTED BY ITS
SECRETARY-670 721.
BY ADV SRI.MANOJ RAMASWAMY,
SRI.T.P.SAJAN, SPECIAL GP (FOREST)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.01.2023, ALONG WITH WP(C).29858/2010 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).Nos. 29858 of 2010, 8202 of 2012,
16671 of 2014 and 32126 of 2018
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
WP(C) NO. 32126 OF 2018
PETITIONER:
N.A. VARGHESE
AGED 55 YEARS
S/O.ALIAS, PROPRIETOR, SONIA FURNITURE AND
WOOD WORKS, ANJUKUNNU, RESIDING AT NIRAPPIL
PUTHENPURAYIL HOUSE, ANJUKUNNU, MANANTHAVADY,
WAYANADU DISTRICT.
BY ADVS.
ABRAHAM MATHEW (VETTOOR)
ANIL ABEY JOSE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO
GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 THE CHIEF CONSERVATOR FORESTS(NORTHERN CIRCLE)
THANA, KANNUR, KERALA-670012.
3 THE DIVISIONAL FOREST OFFICER
NORTH WAYANAD DIVISION, MANANTHAVADY, WAYANAD
DISTRICT,PIN-670645.
4 THE FOREST RANGE OFFICER
MANANTHAVADY,WAYANAD DISTRICT,PIN-670645.
5 THE PANAMARAM GRAMA PANCHAYATH
PANAMARAM.P.O,REPRESENTED BY
ITS SECRETARY - 670 721.
BY ADVS.
SRI.T.P.SAJAN, SPECIAL GP (FOREST)
W.P.(C).Nos. 29858 of 2010, 8202 of 2012,
16671 of 2014 and 32126 of 2018
5
SRI.M.R.HARIRAJ - R5
SRI.K.RAJAGOPAL
SMT.L.LAKSHMI OMANAKUTTAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.01.2023, ALONG WITH WP(C).29858/2010 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).Nos. 29858 of 2010, 8202 of 2012,
16671 of 2014 and 32126 of 2018
6
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C).Nos. 29858 of 2010, 8202 of 2012, 16671
of 2014 and 32126 of 2018
----------------------------------------------
Dated this the 18th day of January, 2023
JUDGMENT
These four writ petitions are connected and
therefore I am disposing of these four writ petitions by a
common judgment.
2. W.P.(C)No.29858 of 2010 is filed with the
following prayers:
"(i) Issue a writ of certiorari or other
appropriate writs orders or directions quashing Ext P21
to the extent to which restrictions have been made
therein with respect to the capacity of machines to be
used in the petitioners' industrial unit.
(ii) Issue a writ of mandamus or other
appropriate writs orders or directions commanding the
1st respondent to renew the license for petitioners
wood based industrial unit for the year 2010-2011 as
has been applied for in Ext. P20.
(iii) Declare that the 1st respondent has no
right or authority to determine the horse power
capacity of the machineries to be used in the industrial
unit.
(iv) To grant such other reliefs which the
W.P.(C).Nos. 29858 of 2010, 8202 of 2012,
16671 of 2014 and 32126 of 2018
petitioner may seek from time to time and this Hon'ble
Court may deem fit to be granted in the circumstances
of the case."[SIC]
3. W.P.(C)No.8202 of 2012 is filed with the
following prayers:
"(i) issue a writ of certiorari or other
appropriate writs orders or directions quashing Ext-
P19, P21 & P22;
(ii) Issue a writ of mandamus or other
appropriate writ orders or directions commanding the
respondents to renew the license for the petitioners
wood based industrial unit including peeling unit for
the years 2010-2011 onwards duly considering Ext-
P17 and the subsequent applications for license;
(iii) To grant such other reliefs which the
petitioner may seek from time to time and this Hon'ble
Court may deem fit to be granted in the circumstances
of the case."[SIC]
4. W.P.(C)No.16671 of 2014 is filed with the
following prayers:
"(i) issue a writ of certiorari or other
appropriate writs orders or directions quashing Ext-P25
& P30;
(ii) Issue a writ of mandamus or other
appropriate writ orders or directions commanding the
2nd respondent to consider the application made by the
petitioner and grand the license under Rule 6(1) of
W.P.(C).Nos. 29858 of 2010, 8202 of 2012,
16671 of 2014 and 32126 of 2018
Kerala Forest (Regulation of Sawmill & other Wood
based Industrial Units) Rules 2012.
(iii) To grant such other reliefs which the
petitioner may seek from time to time and this Hon'ble
Court may deem fit to be granted in the circumstances
of the case."[SIC]
5. W.P.(C)No.32126 of 2018 is filed with the
following prayers:
"(i) Issue a writ of mandamus or other
appropriate writ orders or direction commanding the
respondents 2 and 4 to forthwith remove the lock and
key put to the various machineries in the 'Sonia
Furniture & Wood Works, Anjukunnu' and allow the
petitioner to function the saw mill and peeling unit
without any interdiction or obstruction from the
respondents 2 to 4.
(ii) issue a writ of certiorari or other
appropriate writs orders or directions quashing Ext-P31
mahazar prepared by the 4th respondent while illegally
closing the petitioners wood based industrial unit by
name Sonia Funiture & Wood Works, Anjukunnu;
(iii) Declare that the respondents 2 to 4 have
closed the wood based industrial unit of the petitioner
without any regard to Ext. P29 judgment and hence
the entire acts of the said respondents in the matter of
closure of the unit and preparation of Ext. P31
mahazar is illegal and arbitrary.
(iv) Direct the respondents 1 to 4 to pay
damages to the petitioner for illegally closing his
W.P.(C).Nos. 29858 of 2010, 8202 of 2012,
16671 of 2014 and 32126 of 2018
industrial unit violating Ext. P29 judgment.
(v) To grant such other reliefs which the
petitioner may seek from time to time and this Hon'ble
Court may deem fit to be granted in the circumstances
of the case."[SIC]
6. These writ petitions are pending before this
Court from 2010 onwards. In W.P.(C)No.8202 of 2012,
there is an interim order staying further proceedings
pursuant to Ext.P22. When these writ petitions came up
for consideration on last occasion there was no
representation for the petitioner. Today also there is no
representation for the petitioner. These writ petitions
need not be retained indefinitely. Since there is already
an interim order in W.P.(C)No.8202 of 2012, that can be
retained allowing the Panchayath or the Forest
authorities to take fresh steps, if any, in accordance to
law.
Therefore, these writ petitions are closed recording
the interim order dated 02.04.2012 in W.P.(C)No.8202 of
2012 and granting liberty to the Panchayath and the
Forest authorities to take appropriate steps against the
W.P.(C).Nos. 29858 of 2010, 8202 of 2012,
16671 of 2014 and 32126 of 2018
petitioner, if there is violation of any Rules or the
directions. The petitioner is also free to approach the
competent authority for enhancement of the capacity of
the saw mill.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
W.P.(C).Nos. 29858 of 2010, 8202 of 2012,
16671 of 2014 and 32126 of 2018
APPENDIX OF WP(C) 16671/2014
PETITIONER EXHIBITS
EXT.P1.TRUE COPY OF THE NOC ISSUED BY
THE DIVISIONAL FORST OFFICER DATED
28/7/1995.
EXT.P2.TRUE COPY OF THE PERMIT
NO185/95 ISSUED BY THE 1ST RESPONDENT
DATED 19/11/1995.
EXT.P3.TRUE COPY OF THE D & O
LILCENSE NO.266/98-99 DATED 17/11/98.
EXT.P4.TRUE COPY OF THE RECEIPT FOR
PAYMENT OF D & O LICENSE FEE FOR
PEELING AND SWA MILL BUILDING NO.PP
VI/878 ISSUED BY THE 1ST RESPONDENT
EXT.P5.TRUE COPY OF THE RENEWING
LICENSE ISSUED BY THE PANCHAYATH FOR
THE YEAR 2005-2006.
EXT.P6.TRUE COPY OF THE RENEWING
LICENSE ISSUED BY THE PANCHAYATH FOR
THE YEAR 2006-2007.
EXT.P7.TRUE COPY OF THE RENEWING
LICENSE ISSUED BY THE PANCHAYATH FOR
THE YEAR 2007-2008.
EXT.P8.TRUE COPY OF THE CERTIFIFCATE
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER DTED 9/10/2006.
EXT.P9.TRUE COPY OF THE
COMMUNICATIONMADE BY THE DFO
KOZHIKODE TO THE CONSERVATOR OF
FOREST (PROTECTION) DATED 8/6/2007.
EXT.P10.TRUE COPY OF THE NOC ISSUED
BY THE FOREST DEPARTMENT DATED
1/7/2005.
EXT.P11.TRUE COPY OF THE ORDER
NO.1341/06 ISSUED BY THE DIVISIONAL
W.P.(C).Nos. 29858 of 2010, 8202 of 2012,
16671 of 2014 and 32126 of 2018
FOREST OFFICER DATED 14/9/2007.
EXT.P12.TRUE COPY OF THE CONSENT IN
FAVOUR OF THE PETITIONER ISSUED BY
THE KERALA STATE POLLUTION CONTROL
BOARD DATED 6/11/2007.
EXT.P13.TRUE COPY OF THE ORDER ISSUED
BY THE DMO DATED 30/5/2007.`
EXT.P14.TRUE COPY OF THE RENEWAL
LICENSE ISSUED BY THE FACTORIES AND
BOILERS INSPECTOR DATED 20/12/2008.
EXT.P15.TRUE COPY OF THE RENEWED
LICESE ISSUED BY THE 2ND RESPONDENT
IN FAVOUR OF THE PETITIONER ON
14/5/2008.
EXT.P16.TRUE COPY OF THE LICENSE
ISSUED BY THE PANCHAYATH FOR THE
PERIOD FROM 1/4/2009 TO 31/3/2010
DATED 23/5/2009.
EXT.P17.TRUE COPY OF THE APPLICATION
MADE BY THE PETITIONER TO THE 2ND
RESPONDENT DATED 22/2/2010.
EXT.P18.TRUE COPY OF THE
COMMUNICATION ISSUED BY THE
DIVISIONAL FOREST OFFICER TO THE 2ND
RESPONDENT DATED 13/7/2010.
EXT.P19.TRUE COPY OF THE
COMMUNICATION ISSUED BY THE
RESPONDENT TO THE PETITIONER DATED
15/1/2011.
EXT.P20.TRUE COPY OF THE REPLY MADE
BY THE PETITIONER TO THE RESPSONDENT
DATED 13/1/2011.
EXT.P21.TRUE COPY OF THE
COMMUNICATION ISSUED BY THE
RESPODENTS TO THE PETITIONER DATED
1/3/2011.
W.P.(C).Nos. 29858 of 2010, 8202 of 2012,
16671 of 2014 and 32126 of 2018
EXT.P22.TRUE COPY OF THE
COMMUNICATION ISSUED BY THE
RESPONDENTS TO THE PETITIONER DATED
22/3/2013.
EXT.P23.TRUE COPY OF THE ORDER
NO.G.9571/2011/F & B/R DIS DATED
26/12/2011 ISSUED BY THE JOINT
DIRECTOR OF FACTORIES AND BOILERS,
KOZHIKODE.
EXT.P25.TRUE COPY OF THE REPORT DATED
14/12/2012 SO ISSUED BY THE RANGE
OFFICER P.K.ANOOPKUMAR.
EXT.P26.TRUE COPY OF THE
INTERROGATORY UNDER NO.C 6505/2012
DTED 10/10/2013 SO OBTAINED BY THE
2ND RESPONDENT
EXT.P27.TRUE COPY OF THE REPORT OF
THE 4TH RESPONDENT DATED 6/8/2007
WHICH THE PETITIONER HAS PRODUCED
BEFORE THE DFO ON 10/10/2013.
EXT.P28.TRUE COPY OF THE ANOTHER
CERTIFICATE OF THE 4TH RESPONDENT
DATED 9/10/2006 SUBMITTED BY THE
PETITIONER BEFORE THE DRO ON
10/10/2013
EXT.P29.TRUE COPY OF THE AFFIDAVIT
SWORN TO BY THE PETITIONER ON
20/7/2011 AND SUBMITTED BEFORE THE
2ND RESPONDENT
EXT.P30.TRUE COPY OF THE ORDER
NO.6505/2012 DATED 12/11/2013.
EXT.P29.TRUE COPY OF THE ORDER
NO.6505/2012 DATED 12/11/2013.
W.P.(C).Nos. 29858 of 2010, 8202 of 2012,
16671 of 2014 and 32126 of 2018
APPENDIX OF WP(C) 32126/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOC ISSUED BY
DIVISIONAL FOREST OFFICER DATED
28.07.2015
EXHIBIT P2 TRUE COPY OF THE PERMIT NO.185/95
ISSUED BY THE 1ST RESPONDENT DATED
09-11-1995.
EXHIBIT P3 TRUE COPY OF THE D & O LICENSE
NOI.266/98-99 DATED 17.11.98.
EXHIBIT P4 TRUE COPY OF THE RECEIPT FOR PAYMENT
OF D & O LICENSE FEE FOR PEELING AND
SAW MILL BUILDING NO.P.P.VI/878
ISSUED BY THE 1ST RESPONDENT
EXHIBIT P5 A TRUE COPY OF THE D & o LICENSE FOR
THE PERIOD 01.04.2002 TO 31-03-2003
ISSUED BY THE SECRETARY,PANAMARAM
GRAMA PANCHAYATH
EXHIBIT P6 A TRUE COPY OF THE CERTIFICATE ISSUED
BY THE SECRETARY OF PANCHAYATH DATED
09.10.2006 REGARDING GRANT OF LICENSE
FOR THE YEAR 1998-99N AND SUBSEQUENT
YEARS.
EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION
REGARDING THE THEN EXISTING WOOD
BASED INDUSTRIES IN THE FOREST
DIVISION,ISSUED FROM THE OFFICE OF
THE 3RD RESPONDENT TO THE CHIEF
FOREST CONSERVATOR(PROTECTION),TVM
DATED 08.06.2007 AND OBTAINED UNDER
RTI ACT
EXHIBIT P8 A TRUE COPY OF THE NOC ISSUED BY 3RD
RESPONDENT WITH REFERENCE SONIA
FURNITURE WOOD WORKS OF THE
PETITIONER DATED 01.07.2005.
W.P.(C).Nos. 29858 of 2010, 8202 of 2012,
16671 of 2014 and 32126 of 2018
EXHIBIT P9 A TRUE COPY OF THE INFORMATION
FURNISHED BY THE SECRETARY OF THE
PANAMARAM GRAMA PANCHAYATH TO THE
DEPUTY DIRECTOR OF PANCHAYATH WAYANAD
DATED 20.02.2007
EXHIBIT P10 A TRUE COPY OF THE CERTIFICATE ISSUED
BY THE ASSISTANT ENGINEER,ELECTRICAL
SECTION PANAMARAM TO THE PETITIONER
FOR NO.4593 AS ON 22-02-2001 DATED
08.04.2010
EXHIBIT P11 A TRUE COPY OF THE PROPERTY TAX
RECEIPT ISSUED IN RESPECT OF THE
SAWMILL BEING CONDUCTED IN BUILDING
NOI.PP 6/878 OF PANAMARAM PANCHAYATH
DATED 04.05.1998
EXHIBIT P12 A TRUE COPY OF THE RECEIPT FOR
REMITTANCE OF LICENSE FEE FOR
CONSTRUCTION OF WORK SHED FOR PEELING
UNIT ISSUED BY THE
SECRETARY,PANAMARAM GRAMA PANCHAYATH
DATED 24.09.1999
EXHIBIT P13 A TRUE COPY OF THE DEMAND NOTICE
ISSUED BY THE SENIOR
SUPERINTENDENT,ELECTRICITY FOR
PAYMENT OF CURRENT CHARGES FOR
CONSUMER NO.4593 BEFORE AND AFTER
COMMENCEMENT OF THE PEELING UNIT
EXHIBIT P14 A TRUE COPY OF THE CERTIFICATE BY THE
SECRETARY,PANAMARAM GRAMA PANCHAYATH
DISCLOSING THAT THE PETITIONER HAD
OBTAINED PERMISSION FOR PEELING AS
PER THE LICENSE AND PERMISSION
REGISTER FOR THE YEAR 2002-2003 DATED
11-10-2012
EXHIBIT P15 A TRUE COPY OF THE ORDER NO.1341/06
ISSUED BY THE 3RD RESPONDENT DATED
14.09.2007.
EXHIBIT P16 A TRUE COPY OF CONSENT IN FAVOUR OF
W.P.(C).Nos. 29858 of 2010, 8202 of 2012,
16671 of 2014 and 32126 of 2018
THE PETITTIONER ISSUED BY THE KERALA
STATE PCB DATED 06.11.2017
EXHIBIT P17 A TRUE COPY OF THE RENEWAL LICENSE
ISSUED BY THE FACTORIES AND BOILERS
INSPECTOR DATED 20.12.2008.
EXHIBIT P18 A TRUE COPY OF THE COMMUNICATION
ISSUED BY DIVISIONAL FOREST OFFICER
TO THE 2ND RESPONDENT DATED
13.07.2010
EXHIBIT P19 A TRUE COPY OF THE REPORT DATED
14.12.2012 ISSUED BY THE RANGE
OFFICER,SRI.P.K.ANOOPKUMAR
EXHIBIT P20 A TRUE COPY OF THE INTEROOGATORY
UNDER N O.C 6505/2012 DATED 10-10-
2013 OBTAINED BY THE 2ND RESPONDENT.
EXHIBIT P21 A TRUE COPY OF THE REPORT OF THE 5TH
RESPONDENT DATED 06.08.2007 WHICH THE
PETITIONER HAD PRODUCED BEFORE THE
DFO ON 10-10-2013.
EXHIBIT P22 A TRUE COPY OF THE CERTIFICATE OF THE
5TH RESPONDENT DATED 09-10-2006
SUBMITTED BY THE PETITIONER BEFORE
THE DFO ON 10-10-2013/.
EXHIBIT P23 A TRUE COPY OF THE AFFIDAVIT SWORN TO
BY THE PETITIONER OKN 20.07.2011 AND
SUBMITTED BEFORE THE 3RD RESPONDENT
EXHIBIT P24 A TRUE COPY OF THE ORDER NO.6505/2012
ISSUED BY THE 2ND RESPONDENT
DECLINING THE LICENSE DATED 12-11-
EXHIBIT P25 A TRUE COPY OF THE CRIME NO.119/2013
REGISTERED BY THE PANAMARAM POLICE
AGAINST THE PETITIONER.
EXHIBIT P26 A TRUE COPY OF THE ORDER PASSED BY
THE JFCM 1,MANANTHAVADY IN
R.C.48/2014 IN PANAMARAM CR 119/13.
W.P.(C).Nos. 29858 of 2010, 8202 of 2012,
16671 of 2014 and 32126 of 2018
EXHIBIT P27 A TRUE COPY OF THE JUDGMENT PASSED BY
THIS HON'BLE COURT IN WP(C).29575 OF
2007 DATED 21.02.2017
EXHIBIT P28 A TRUE COPY OF THE ORDER
NO.C6505/2012 ISSUED BY THE DFO
DIRECTING THE PETITIONER TO CLOSE
DOWN THE UNIT TILL HE PRODUCES THE
DOCUMENTS DATED 07.06.2017
EXHIBIT P29 A TRUE COPY OF THE JUDGMENT IN WPC
NO.23321 OF 2017 DATED 10-08-2018
EXHIBIT P30 A TRUE COPY OF THE PHOTOGRAPHS OF
SHOWING SEALING OF THE MACHINERIES IN
THE PETIITONER UNIT BY THE 3RD
RESPONDENT.
EXHIBIT P31 A TRUE COPY OF THE MAHAZAR OBTAINED
UNDER RTI.
EXHIBIT P32 A TRUE COPY OF THE REPRESENTATION
MADE BY THE PETITIONER TO THE 3RD
RESPONDENT DATED 11.09.2018.
W.P.(C).Nos. 29858 of 2010, 8202 of 2012,
16671 of 2014 and 32126 of 2018
APPENDIX OF WP(C) 8202/2012
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOC ISSUED BY
DIVISIONAL FOREST OFFICER DATED 22-
07-1995.
EXHIBIT P2 TRUE COPY OF THE PERMIT NO. 185/95
ISSUED BY THE 1ST RESPONDENT DATED
09-11-1995.
EXHIBIT P3 TRUE COPY OF THE D& O LICENSE
NO.266/98-99 DATED 17.11.98.
EXHIBIT P4 A TRUE COPY OF THE RECEIPT FOR
PAYMENT OF D & O LICENSE FEE FOR
PEELING AND SAW MILL BUILDING NO.
P.P.VI/878 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE RENEWING LICENSE
ISSUED BY THE PANCHAYATH FOR THE YEAR
2005-2006
EXHIBIT P6 TRUE COPY OF THE RENEWING LICENSE
ISSUED BY THE PANCHAYATH FOR THE YEAR
2006-2007
EXHIBIT P7 TRUE COPY OF THE RENEWING LICENSE
ISSUED BY THE PANCHAYATH FOR THE YEAR
2007-2008
EXHIBIT P8 TRUE COPY OF THE CERTIFICATE ISSUED
BY THE 1ST RESPONDENT TO THE
PETITIONER DATED 09.10.2006.
EXHIBIT P9 TRUE COPY OF THE COMMUNICATION MADE
BY THE D.F.O. KOZHIKODE TO THE
CONSERVATOR OF FOREST CONSERVATOR
(PROTECTION) DATED 08.06.2007.
EXHIBIT P10 TRUE COPY OF THE NOC ISSUED BY THE
FOREST DEPARTMENT DATED 01-07-2005
EXHIBIT P11 TRUE COPY OF THE ORDER NO.1341/06
ISSUED
W.P.(C).Nos. 29858 of 2010, 8202 of 2012,
16671 of 2014 and 32126 of 2018
BY THE DIVISIONAL FOREST OFFICER
DATED 14.09.2007.
EXHIBIT P12 TRUE COPY OF THE CONSENT IN FAVOUR OF
THE PETITIONER ISSUED BY KERALA STATE
POLLUTION CONTROL BOARD. DATED 06-11-
2007.
EXHIBIT P13 A TRUE COPY OF THE ORDER ISSUED BY
THE DISTRICT MEDICAL OFFICER DATED
30-05-2007.
EXHIBIT P14 TRUE COPY OF THE RENEWAL LICENSE
ISSUED BY THE FACTORIES AND BOILERS
INSPECTOR DATED 20-12-2008
EXHIBIT P15 TRUE COPY OF THE RENEWED LICENSE
ISSUED BY THE 2ND RESPONDENT IN
FAVOUR OF THE PETITIONER ON 14-05-
2008.
EXHIBIT P16 TRUE COPY OF THE LICENSE ISSUED BY
THE PANCHAYATH FOR THE PERIOD FROM
01-04-2009 TO 31-03-2010 DATED 23-05-
2009.
EXHIBIT P17 TRUE COPY OF THE APPLICATION MADE BY
THE PETITIONER TO THE 2ND RESPONDENT
DATED 22-02-2010.
EXHIBIT P18 TRUE COPY OF THE COMMUNICATION ISSUED
BY DIVISIONAL FOREST OFFICER TO THE
2ND RESPONDENT DATED 13-07-2010
EXHIBIT P19 TRUE COPY OF THE COMMUNICATION ISSUED
BY THE RESPONDENTS TO THE PETITIONER
DATED 15-01-2011
EXHIBIT P20 TRUE COPY OF THE REPLY MADE BY THE
PETITIONER TO THE RESPONDENT DATED
31-01-2011
EXHIBIT P21 TRUE COPY OF THE COMMUNICATION ISSUED
BY THE RESPONDENTS TO THE PETITIONER
DATED 01-03-2011.
W.P.(C).Nos. 29858 of 2010, 8202 of 2012,
16671 of 2014 and 32126 of 2018
EXHIBIT P22 TRUE COPY OF THE COMMUNICATION ISSUED
BY THE RESPONDENTS TO THE PETITIONER
DATED 22-03-2012.
EXHIBIT P23 TRUE COPY OF THE ORDER NO. G
9571/2011/F & B/R DIS. DATED
26.12.2011 ISSUED BY THE JOINT
DIRECTOR OF FACTORIES AND BOILERS,
KOZHIKODE.
W.P.(C).Nos. 29858 of 2010, 8202 of 2012,
16671 of 2014 and 32126 of 2018
APPENDIX OF WP(C) 29858/2010
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOC ISSUED BY 1
RESPONDENT DATED 22-07-1995.
EXHIBIT P2 TRUE COPY OF THE PERMIT NO. 185/95
ISSUED BY THE 2ND RESPONDENT DATED
09-11-1995.
EXHIBIT P3 TRUE COPY OF THE D& O LICENSE
NO.266/98-99 DATED 17.11.98.
EXHIBIT P4 A TRUE COPY OF THE RECEIPT ISSUED BY
THE 2ND RESPONDENT DATED 24-09-1999.
EXHIBIT P5 TRUE COPY OF THE D& O LICENSE FEE
PAID RECEIPT FOR THE PERIOD 1999-2000
AND 2000-2001.
EXHIBIT P6 TRUE COPY OF THE LICENSE ISSUED BY
THE 2ND RESPONDENT FOR THE YEAR 2005-
2006.
EXHIBIT P7 TRUE COPY OF THE LICENSE ISSUED BY
THE 2ND RESPONDENT FOR THE YEAR 2006-
2007.
EXHIBIT P8 TRUE COPY OF THE LICENSE ISSUED BY
THE 2ND RESPONDENT FOR THE YEAR 2007-
2008.
EXHIBIT P9 TRUE COPY OF THE NECESSARY
CERTIFICATE ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER DATED
9.10.2006. 13.
EXHIBIT P10 TRUE COPY OF THE INFORMATION
FURNISHED BY THE 4TH RESPONDENT DATED
20.2.2007
EXHIBIT P11 TRUE COPY OF THE INFORMATION INQUIRY
MADE UNDER THE RIGHT TO INFORMATION
ACT THROUGH DILIP POOLAKKOT ADVOCATE
DATED 31.8.2006.
W.P.(C).Nos. 29858 of 2010, 8202 of 2012,
16671 of 2014 and 32126 of 2018
EXHIBIT P12 TRUE COPY OF THE COMMUNICATION MADE
BY THE D.F.O. KOZHIKODE TO THE
CONSERVATOR OF FOREST CONSERVATOR
(PROTECTION) DATED 8.6.2007.
EXHIBIT P13 TRUE COPY OF THE NOC ISSUED BY THE
1ST RESPONDENT DATED 01-07-2005
EXHIBIT P14 TRUE COPY OF THE ORDER NO. C1341/06
ISSUED BY THE 1ST RESPONDENT DATED
14.9.2007.
EXHIBIT P15 TRUE COPY OF THE CONSENT TO ESTABLISH
ISSUED BY KERALA STATE POLLUTION
CONTROL BOARD. DATED 06-11-2007.
EXHIBIT P16 A TRUE COPY OF THE ORDER ISSUED BY
THE DISTRICT MEDICAL OFFICER DATED
30-05-2007.
EXHIBIT P17 TRUE COPY OF THE RENEWAL LICENSE
ISSUED BY THE FACTORIES AND BOILERS
INSPECTOR DATED 20-12-2008
EXHIBIT P18 TRUE COPY OF THE RENEWED LICENSE
ISSUED BY THE 2ND RESPONDENT IN
FAVOUR OF THE PETITIONER ON 14-05-
2008.
EXHIBIT P19 TRUE COPY OF THE LICENSE ISSUED BY
THE PANCHAYATH FOR THE PERIOD FROM
01-04-2009 TO 31-03-2010, DATED 23-
05-2009.
EXHIBIT P20 TRUE COPY OF THE APPLICATION MADE BY
THE PETITIONER TO THE 2ND RESPONDENT
DATED 22-02-2010.
EXHIBIT P21 TRUE COPY OF THE COMMUNICATION ISSUED
BY THE 1ST RESPONDENT DATED 13-07-
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
