Valsa K.A vs State Of Kerala
2023 Latest Caselaw 6518 Ker

Citation : 2023 Latest Caselaw 6518 Ker
Judgement Date : 13 June, 2023

Kerala High Court

Valsa K.A vs State Of Kerala on 13 June, 2023

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                       WP(C) NO. 19047 OF 2023
PETITIONERS:

    1     VALSA K.A
          AGED 61 YEARS
          PANIKKAVALLAPPIL HOUSE , KOZHIPPILLY PO KODAMUNDA
          KAVALA , KOTHAMANAGALAM, PIN - 686691

    2     ARUN KUMAR P S
          AGED 37 YEARS
          PANIKKAVALLAPPIL HOUSE, MAMBRA PO, PAINKAVU, THRISSUR
          DISTRICT , KERALA, PIN - 680308

          BY ADVS.
          A.K.PREETHA
          C.ANIL KUMAR
          RESHMA R.KRISHNAN


RESPONDENTS:
     1     STATE OF KERALA
           SECRETARY TO GOVERNMENT FOREST AND WILDLIFE DEPARTMENT,
           SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

    2     DIVISIONAL FOREST OFFICER
          DIVISION OFFICE, PWD REST HOUSE RD, CHALAKUDY, KERALA,
          PIN - 680307

    3     ANNAMANADA GRAMA PANCHAYAT
          KALLURTHEKKUMMURI, ANNAMANADA, THRISSUR DT. REPRESENTED
          BY ITS SECRETARY, PIN - 680741

    4     THE SECRETARY
          ANNAMANADA GRAMA PANCHAYAT KALLURTHEKKUMMURI,
          ANNAMANADA, THRISSUR DT., PIN - 680741

    5     KERALA STATE POLLUTION CONTROL BOARD
          KERALA STATE POLLUTION CONTROL BOARD , MAJESTIC
          HYPERMARKET, 3RD FLOOR, PARAVATTANI, OLLUKKARA P.O.,
          THRISSUR REPRESENTED BY ITS SECRETARY, PIN - 680655

    6     ENVIRONMENTAL ENGINEER
          KERALA STATE POLLUTION CONTROL BOARD , MAJESTIC
          HYPERMARKET, 3RD FLOOR, PARAVATTANI, OLLUKKARA P.O.,
 W.P (C) No.19047 of 2023

                                  2

             THRISSUR, PIN - 680655

    7        SAJAN P S
             PATTAMADI HOUSE, MAMBRA PO , PAINKAVU, THRISSUR
             DISTRICT, KERALA, PIN - 680308


OTHER PRESENT:

             SRI.T.P.SAJAN, SPL.GP(FOREST), SRI.O.D.SIVADAS
             FOR R3 & 4, SRI.T.NAVEEN, SC FOR R5 & 6




      THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   13.06.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P (C) No.19047 of 2023

                                  3

                 P.V.KUNHIKRISHNAN
             ---------------------
                W.P (C) No.19047 of 2023
          ---------------------------
            Dated this the 13th day of June, 2023

                           JUDGMENT

This writ petition is filed with the following prayers:-

"i) a writ of mandamus or any other appropriate writ order or direction directing the 2nd and 3rd respondents to consider Exhibit P3 and P4 in accordance with law.

ii) a writ of mandamus or any other appropriate writ order or direction directing 2nd, 3rd and 4th respondents to forthwith take steps interdicting the 7th respondent from continuing with the illegal activity of running a saw mill under the guise of a furniture making license.

iii) dispense with the production of translation of Malayalam documents produced along with this Writ Petition.

iv) be pleased to issue such other writ, order or direction as are deemed just and proper on the facts and circumstances of the case. " (SIC)

2. 1st petitioner is the mother of the 2 nd petitioner. It

is the case of the petitioners that the 1 st petitioner is in

ownership and possession of certain extent of land in

Kalloorthekkummuri Village of Chalakkudy Taluk, Thrissur

District. The 7th respondent is petitioners' neighbour and is

running a saw mill in his premises. It is the case of the W.P (C) No.19047 of 2023

petitioners that the 7th respondent is conducting a saw mill

without any proper license and permission from the

statutory authorities and he is functioning the saw mill even

during night time. The petitioners submitted Exts.P3 and P4

before the 2nd and 3rd respondents. The same are not

considered is the greivance.

3. Heard the learned counsel for the petitioners, the

learend Special Government Pleader (Forest) and the cousel

appearing for the 3rd and 4th respondents. I also heard the

learned Standing Counsel appearing for the 5 th and 6th

respondents. No notice is necessary to the 7 th respondent at

this stage. If the 7th respondent is aggrieved by any of the

directions issued by this Court, the 7 th respondent is free to

file a review petition before this Court.

4. The short prayer of the petitioners is to consider

Exts. P3 and P4 by respondent Nos.2 and 3. I do not want to

make any observations about the contention of the

petitioner. I make it clear that I have not considered the

merit of the case. Without making any observation on

merit, there can be direction to the 2nd and 3rd respondents

to consider Exts.P3 and P4 with notice to the petitioners and W.P (C) No.19047 of 2023

the 7th respondent and pass appropriate orders in it, in

accordance with law. If the 7th respondent produce the

required permits and licence, the 2nd and 3rd respondents

will consider the same also while deciding the matter.

Therefore, this writ petition is disposed of with the

following directions:-

i) The 2nd and 3rd respondents are directed to consider and pass appropriate orders in Exts.P3 and P4, after giving sufficient opportunity of hearing to the petitioners and the 7th respondent, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment.

ii) I make it clear that I have not considered the matter on merit and the 2nd and 3rd respondents are free to pass appropriate orders, in accordance with law.

iii) The petitioners will produce a certified copy of this judgment along with a copy of this writ petition before

the 2nd and 3rd respondents for compliance.