K.J. Thomas vs The Chief Conservator Of Forests
2024 Latest Caselaw 13977 Ker

Kerala High Court

K.J. Thomas vs The Chief Conservator Of Forests on 28 May, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                  &
                  THE HONOURABLE MR. JUSTICE S.MANU
     TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                       WP(C) NO. 11017 OF 2024
PETITIONER/S:

          K.J. THOMAS
          AGED 62 YEARS
          S/O. JOSEPH, KANAYAMPLAKKAL HOUSE,
          KATTAPPANA, IDUKKI DISTRICT,
          (PROPRIETOR, ANAND AMBANI MINI INDUSTRIES),
          PIN - 685515
          BY ADV M.C.JOHN


RESPONDENTS:

    1     THE CHIEF CONSERVATOR OF FORESTS,
          HIGH RANGE CIRCLE, CIVIL STATION,
          KOTTAYAM, PIN - 680002
    2     THE DIVISIONAL FOREST OFFICER
          KOTTAYAM DIVISION, CIVIL STATION,
          KOTTAYAM, PIN - 680002
    3     THE RANGE FOREST OFFICER
          AYYAPPANCOIL RANGE, KATTAPPANA,
          IDUKKI, PIN - 685515
    4     KATTAPPANA MUNICIPALITY
          REPRESENTED BY ITS SECRETARY,
          OFFICE OF THE KATTAPPANA MUNICIPALITY,
          KATTAPPAA, IDUKKI, PIN - 685515
* ADDL R5 THE SPECIAL TAHSILDAR
          KATTAPPANA.
          [ADDL. R5 IS SUO MOTU IMPLEADED AS PER ORDER DATED
          19-03-2024 IN WP(C) 11017/2024]
          BY ADV Unnikrishnan V Alapatt
          SRI.T.P.SAJIN, SPL.GOVERNMENT PLEADER - FOREST


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.11017 of 2024
                                     2




                             JUDGMENT

A.Muhamed Mustaque, J.

The petitioner is operating a saw mill in the name of

'Anand Ambani Mini Industries'. The petitioner approached the

Divisional Forest Officer, Kottayam for No Objection Certificate

(NOC) to renew the D&O License with the local authority in the

light of Kerala Forest (Regulation of Saw Mills and Other Wood

Based Industrial Units) Rules 2012. This has been rejected

stating that no records are available to prove that this unit was

established prior to 31.10.2002. As against this order, the

petitioner has preferred an appeal before the Chief Forest

Conservator. The appeal is stated to be pending, Ext.P6 is the

memorandum of appeal.

In the light of pendency of appeal, there shall be a

direction to the first respondent to consider and pass orders on

the appeal after hearing the petitioner, within a period of two

months. Till then, no coercive steps shall be taken by the local

authority for want of renewal of D&O License. However, the

petitioner shall operate the saw mill on the same terms and

conditions on which, the license was renewed previously by the

local authority.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

S.MANU, JUDGE rkj

APPENDIX OF WP(C) 11017/2024

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PATTAYAM LA NO.

609/93/KP DATED 12.04.1994 ISSUED BY THE SPECIAL TAHSILDAR(LA), KATTAPPANA Exhibit P1(a) A TRUE COPY OF THE PATTA LA. NO.

609/93/KP DATED 12.04.1994 ISSUED BY THE SPECIAL TAHSILDAR(LA), KATTAPPANA Exhibit P2 A TRUE COPY OF THE APPLICATION DATED 20.08.2000 WITH THE REJECTION ENDORSEMENT DATED 22.08.2000 ISSUED BY THE KATTAPPANA GRAMA PANCHAYATH Exhibit P3 A TRUE COPY OF THE JUDGEMENT DATED 06.05.2011 IN W.P. (C). NO.12997/2011 OF THIS HON'BLE COURT Exhibit P4 A TRUE COPY OF THE CIRCULAR DATED 02.03.2010 ISSUED BY THE LSG DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM Exhibit P5 A TRUE COPY OF THE ORDER NO. E3- 6130/2014 DATED 14.10.2020 ISSUED BY THE SECOND RESPONDENT Exhibit P6 A TRUE COPY OF THE APPEAL PETITION IN THE PRESCRIBED FORM WITH A DETAILED NOTE SUBMITTED ON 22.06.2021 Exhibit P7 A TRUE COPY OF THE COMMUNICATION NO.E3- 6130/2022 DATED 04.02.2022 ISSUED BY THE SECOND RESPONDENT