N.Sivadasan vs The Divisional Forest Officer
2023 Latest Caselaw 3597 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                       W.P.(C) NO.32718 OF 2022
PETITIONERS:

     1     N. SIVADASAN,
           AGED 64 YEARS,
           PUTHENTHARAYIL HOUSE,
           THIRUMALABHAGOM CHERTHALA TALUK,
           ALAPPUZHA DISTRICT-688 528.

           BY ADVS.
           G.HARIHARAN
           PRAVEEN.H.
           K.S.SMITHA
           V.R.SANJEEV KUMAR
           ANJALY T.A
           M.V.VIPINDAS
           GENTLE C.D.


RESPONDENTS:

     1     THE DIVISIONAL FOREST OFFICER,
           RANNI, 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.

 * ADDL.R4 FOREST CONSERVATOR (SPECIAL AFFORESTATION),
           MEMBER SECRETARY, STATE LEVEL COMMITTEE,
           FOREST HEADQUARTERS, THIRUVANANTHAPURAM-695 014.

 * ADDL.R5 STATE LEVEL COMMITTEE,
           NANDAVANAM, VAZHUTHACAUD, FOREST HEADQUARTERS,
           THIRUVANANTHAPURAM-695 014
           REPRESENTED BY THE MEMBER SECRETARY.
                              -2-
W.P.(C) NO.32718 OF 2022

         * ADDL.R4 AND R5 ARE IMPLEADED AS PER ORDER DATED
           29.03.2023 IN I.A. NO.1 OF 2023.

    R1     SRI. T.P. SAJAN, SPECIAL GOVERNMENT PLEADER

    R2     SRI. WILSON URMESE, STANDING COUNSEL,
           THURAVOOR GRAMA PANCHAYAT

    R3     SRI. T. NAVEEN, STANDING COUNSEL,
           KERALA STATE POLLUTION CONTROL BOARD

     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 29.03.2023, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
                                     -3-
W.P.(C) NO.32718 OF 2022


                                JUDGMENT

Dated this the 29th day of March, 2023

This writ petition is filed by the petitioner seeking the

following reliefs;

(i) Issue a writ of mandamus or any other appropriate writ or order commanding the 1 st respondent to reconsider Exhibit.P13 application for Enhancement of capacity of saw mill taking note of the consent given by the 2 nd respondent Panchayat vide Exhibit.P2 and also taking note of Exhibit.P3 given by 3 rd respondent.

(ii) Petitioner may be permitted to dispense with the filing of translation of the vernacular documents.

2. The petitioner is the proprietor of a saw mill

started from the year 2000 onwards in an extent of 15

cents of land in Survey No.223/31B of Thuravoor South

Village in Cherthala Taluk in Alappuzha District which is

covered by a licence issued by the Divisional Forest

W.P.(C) NO.32718 OF 2022

Officer, Pathanamthitta - the 1st respondent. It is further

submitted that the Thurvaoor Grama Panchayat has also

issued Ext.P2 licence in favour of the petitioner which is

being renewed from time to time. The 3 rd respondent - the

Kerala State Pollution Control Board has issued a consent

to operate. Anyhow, the 1 st respondent has issued Ext.P4

show-cause notice to the petitioner which was challenged

by filing W.P.(C) No.14290 of 2021 and secured Ext.P8

judgment. On the directions contained in Ext.P8 judgment,

the 1st respondent has issued Ext.P10 notice calling upon

the petitioner to pay the required fees for renewal of

licence which is also paid. But while renewing the licence,

evident from Ext.P11, the Divisional Forest Officer

restricted the use of electric motors by reducing the Horse

Power to 15 HP whereas the required Horse Power is

41 HP, evident from Ext.P2 licence issued by the 2 nd

respondent Grama Panchayat and the consent issued by

the Pollution Control Board. Thereupon, the petitioner has

W.P.(C) NO.32718 OF 2022

submitted Ext.P13 application seeking to enhance the

power of the saw mill. The case of the petitioner is that no

action is being initiated to consider the application

submitted by the petitioner.

3. A detailed counter affidavit is filed by the 1st

respondent refuting the allegations raised by the

petitioner. Anyhow, a detailed analysis of the said counter

affidavit is not required since it is stated therein that the

application submitted by the petitioner is to be considered

by the State Level Committee and therefore, the

application is already submitted before the Member

Secretary, State Level Committee, Forest Headquarters,

Thiruvananthapuram, evident from Ext.R1(d)

communication dated 13.10.2022.

4. Learned Special Government Pleader for Forests

submitted that within one month, a decision will be taken

in Ext.P13 application submitted by the petitioner for

power enhancement.

W.P.(C) NO.32718 OF 2022

In that view of the matter, after hearing the learned

Counsel for the petitioner Sri.V.R. Sanjeev Kumar, the

learned Special Government Pleader Sri. T.P. Sajan and

the learned Counsel for the 2nd respondent Grama

Panchayat Sri. Wilson Urmese, the writ petition is disposed

of directing the additional 5 th respondent State Level

Committee, Thiruvananthapuram to take a decision in

Ext.P13 application submitted by the petitioner for power

enhancement at the earliest, at any rate, within a month

from the date of receipt of a copy of this judgment.

Sd/-

SHAJI P. CHALY JUDGE bpr

W.P.(C) NO.32718 OF 2022

APPENDIX OF WP(C) 32718/2022

PETITIONER'S 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 W.P.(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.P4 NOTICE.

Exhibit P7 TRUE COPY OF THE RECEIPT DATED 16.03.2021 ISSUED BY THE PANCHAYAT IN THE NAME OF THE PETITIONER.

Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 14.06.2022 IN W.P.(C) NO.14290/2021.

Exhibit P9 TRUE COPY OF THE REQUEST DATED 14.07.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

W.P.(C) NO.32718 OF 2022

Exhibit P10 TRUE COPY OF THE NOTICE DATED 05.09.2022 ISSUED BY THE 1ST RESPONDENT REQUIRING THE PETITIONER TO DEPOSIT A SUM OF RS.2,000/-

Exhibit P11 TRUE COPY OF THE RENEWED LICENSE ISSUED BY THE 1ST RESPONDENT.

Exhibit P12 TRUE COPY OF THE LICENSE DATED 11.06.2020 ISSUED BY THE 2ND RESPONDENT.

Exhibit P13 TRUE COPY OF THE APPLICATION DATED 10.08.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR ENHANCEMENT OF POWER.

RESPONDENTS' EXHIBITS

EXHIBIT R1(A) TRUE COPY OF THE AFFIDAVIT DATED 15.7.2016 FILED BY THE PETITIONER

EXHIBIT R1(B) TRUE COPY OF THE AFFIDAVIT DATED 14.7.2022 FILED BY THE PETITIONER

EXHIBIT R1(C) TRUE COPY OF THE REPORT DATED 22.8.2022 SUBMITTED BY THE RANGE OFFICER

EXHIBIT R1(D) TRUE COPY OF THE LETTER DATED 13.10.2022 FORWARDING THE EXT P13 APPLICATION TO MEMBER SECRETARY STATE LEVEL COMMITTEE