O. Tajudeen vs State Of Kerala
2024 Latest Caselaw 15728 Ker

Kerala High Court

O. Tajudeen vs State Of Kerala on 6 June, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                      WP(C) NO. 12178 OF 2014


PETITIONER:

             O. TAJUDEEN
             AGED 43 YEARS
             S/O.UMMERKUTTY,PANCHERRIL HOUSE,
             MURIKKUMOODU,CHERAVALLY,KAYAMKULAM.P.O,
             ALAPPUZHA DT.690502.
             BY ADVS.
             SRI.THAMPAN THOMAS
             SRI.B.V.JOY SANKER

RESPONDENTS:

      1      STATE OF KERALA
             REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF
             FORESTS,FOREST HEAD QUARTERS,
             VAZHUTHACAUD,THIRUVANANTHAPURAM-695014.
      2      CHIEF CONSERVATOR OF FORESTS(SPECIAL
             AFFORESTATION) & NODAL OFFICER
             CONVENOR,STATE LEVL COMMITTEE,KERALA,
             FOREST HEAD QUARTERS,VAZHUTHACAUD,
             THIRUVANANTHAPURAM-695014.
      3      CENTRAL EMPOWERED COMMITTEE
             REPRESENTED BY THE MEMBER SECRETARY,
             GATE NO.31,JAWAHARLAL NEHRU STADIUM
             LODHI ROAD,NEW DELHI-110003.
      4      THE DIVISIONAL FOREST OFFICER
             RANNI,PATHANAMTHITTA,DT,PIN-689672.
             BY ADVS.SRI.T.P.SAJAN, SPL GP (FOREST)


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    06.06.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.12178/2014

                                   2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.12178 of 2014
             ----------------------------------------------
            Dated this the 06th day of June, 2024


                           JUDGMENT

This writ petition is filed with following prayers:

i. to issue a writ of certiorari or any other appropriate writ, order or direction, calling for the records in this case and quash exhibit P 6 issued to the petitioner.

ii. to issue a writ of mandamus or other appropriate writ order or direction to the respondents to allow the petitioners to operate his unit. iii. to issue a writ of mandamus or other appropriate writ order or direction to the 2 nd respondent to consider Ext.P-5 and issue the NOC to the petitioner at the earliest. iv. to issue any such other writ order or direction this Honourable Court deems fit in the circumstances of the case.

v. to award the cost of petition.

(SIC)

2. The petitioner challenged Ext.P6 order by which

there is a direction to stop the functioning of the sawmill of

the petitioner. When this writ petition came up for

consideration on 09.05.2014, this Court passed an interim

order staying Ext.P6 and directing the respondents to permit

the petitioner to continue the operation of his unit. The

interim order is in force. Admittedly Ext.P6 is an appealable

order. If that be the case, the petitioner can file an appeal

against Ext.P6 before the 2nd respondent within a time frame

and there can be a direction to consider the same. Till then,

the interim order can be directed to continue.

Therefore, this writ petition is disposed of with following

directions:

1. The petitioner is free to file an appeal

against Ext.P6 before the 2nd

respondent, within thirty days from the

date of receipt of a copy of this

judgment.

2. If such an appeal is received, the 2 nd

respondent will consider the same and

pass appropriate orders in it, after

affording an opportunity of hearing to

the petitioner, as expeditiously as

possible, at any rate, within three

months from the date of receipt of the

appeal.

3. If an appeal is filed as directed above,

the interim order passed by this Court

will continue till final disposal of the

appeal.

4. The petitioner shall produce a certified

copy of this judgment along with the

appeal before the 2nd respondent for

compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE

APPENDIX OF WP(C) 12178/2014

PETITIONER EXHIBITS EXT.P1 COPY OF THE RECEIPT OF PAYMENT OF LICENSE FEE FOR D & O LICENSE FROM THE KAYAMKULAM MUNICIPALITY DURING 2001-02 EXT.P2 COPY OF THE D & O LICENSE ISSUED DURING 2009-10 FROM THGE KAYAMKULAM MUNICIPALITY DATED 30.03.2009 EXT.P3 COPY OF THE CONSENT FROM THE POLLUTION CONTROL BOARD DATED 25.02.2011 EXT.P4 COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 20.03;.2012 EXT.P5 COPY OF THE MEMORANDUM BEFORE THE 2ND RESPONDENT SUBMITTED BY THE PETITIONER DATED 23.04.2012. EXT.P6 COPY OF THE LETTER ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT DATED 09.04.2014.

RESPONDENTS' EXHIBITS EXT.R4(A) COPY OF APPLICATION DATED 05.08.2012 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT EXT.R4(B) COPY OF VERIFICATION REPORT