V.Krishnakumar vs The Chief Conservator Of Forests ( ...
2024 Latest Caselaw 17225 Ker

Kerala High Court

V.Krishnakumar vs The Chief Conservator Of Forests ( ... on 20 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 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
                      WP(C) NO. 31523 OF 2017
PETITIONERS:

    1       V.KRISHNAKUMAR
            S/O. VIJAYAN MENON, KODAKKADATH HOUSE,
            KUMBLAKODE, ELAVANCHERY, PALAKKAD - 678 508.
    2       N. YUSUFF
            S/O. NINAN MOHAMMED RAWTHER,
            ANNAYIKODE,ELAVANCHERRY, NENMARA, PALAKKAD.
            BY ADV. SRI.M.C.JOHN

RESPONDENTS:

    1       THE CHIEF CONSERVATOR OF FORESTS ( SPECIAL
            AFORESTATION & NODAL OFFICER ), FOREST HEAD
            QUARTERS, THIRUVANANTHAPURAM- 695 014
    2       THE DIVISIONAL FOREST OFFICER
            NENMARA DIVISION, PALAKKAD, PIN - 678514.
    3       THE FOREST RANGE OFFICER
            KOLLENGODE RANGE, PALAKKAD, PIN - 678514
            BY ADV.
            SRI.T.P.SAJAN, SPECIAL GP (FOREST)
     THIS    WRIT     PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   20.06.2024,      THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.31523 of 2017

                                      2


                       P.V.KUNHIKRISHNAN, J.
            ---------------------------------------------
                   W.P.(C) No. 31523 of 2017
        ------------------------------------------------------
               Dated this the 20th day of June, 2024


                               JUDGMENT

This writ petition is filed seeking the following

reliefs:

"(i) issue a writ of mandamus directing the second respondent to process the application for license mentioned in Exhibit P4 and Exhibit P4(a) and pass final orders as early as possible

(ii) issue a writ of mandamus directing the 2 nd respondent to issue the license provisionally pending decision on the application for license.

(iii) issue a writ of certiorari or other appropriate writ, order or direction, quashing all coercive steps pursuant to Exhibit P5.

(iv) issue such other writ, order or direction including interim orders as that are necessary in the circumstances of the case And

(v) allow this W.P. (C) with costs."[SIC]

2. The main prayer in this writ petition is to

issue a direction to the 2nd respondent to process the

application for license mentioned in Exts.P4 and P4(a).

Counsel for the petitioner submitted that, even now the

application is pending. If that be the case, there can be a

direction to the 2nd respondent to process the application

and take final decision in it within a time frame.

Therefore, this writ petition is disposed of in the

following manner:

1. The 2nd respondent is directed to process the

application for license mentioned in Exts.P4 and

P4(a) and pass final orders in it, as expeditiously as

possible, at any rate, within a period of two months

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

2. Till final orders are passed, the status quo as on

today will continue.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM

APPENDIX OF WP(C) 31523/2017

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 15.10.2004 FOR LICENSE.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 23.01.2007 IN W.P.C 18798/06 OF THIS COURT.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 18.6.2007 IN WA.NO. 1322/07 OF THIS COURT.

EXHIBIT P4 TRUE COPY OF THE LETTER NO. FC3-5569/06 DATED 16.06.2008 BY 1ST RESPONDENT. EXHIBIT P4(A) TRUE COPY OF THE REPLY DATED 21.05.2009 FROM THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 22.09.2015 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPLY DATED 20.10.2015.

EXHIBIT P7 TRUE COPY OF THE ORDER DATED 12.06.2017 IN WPC NO.19265/17.

EXHIBIT P8 TRUE COPY OF THE ORDER DATED 10.08.2017 IN IA. 12227/17 IN WPC 19265/17. EXHIBIT P9 TRUE COPY OF THE RULES AND PROCEDURE DATED 14.06.2002 BY CEC.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE