High CourtsSingle Bench(2019) 05 KL CK 0009

K.Ashok Kumar vs Government Of Kerala

High Court Of Kerala · Decided on 22 May 2019

HON’BLE JUDGES
Shaji P. Chaly, J
RESULT
Disposed Off
CASE NUMBER
Writ Petition (Civil) No. 11041 Of 2019

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Judgment

16 paragraphs · 346 words
1.

This writ petition is filed by the petitioner seeking the following reliefs:

i) Issue a writ of mandamus or any other appropriate writ, order or direction to the 3rd respondent to receive the application for license under Kerala Forest (Regulation of Sawmills and other wood based industrial Units) Rules, 2015 to continue the sawmill run by the petitioner which was owned and run by the petitioner before 30.10.2002 and

ii) grant such other relief.

2.

Apparently, petitioner is aggrieved by Ext.P5 notice issued by the Forest Department against the petitioner, directing the petitioner to produce necessary consent/licenses secured in order to conduct a saw mill. The case projected by the petitioner is that, on receipt of the notice, petitioner has offered an application under Form 1A before the District Forest Officer (DFO), Punalur, which was not accepted.

3.

Learned Government Pleader submitted that the petitioner is not entitled to get any relief on the basis of a Form 1A application, since petitioner has not made any such application within the time period provided under the regulations in vogue.

4.

Learned Counsel for the petitioner at that point of time submitted that petitioner is prepared to submit Form IB application in accordance with law, before the DFO concerned.

5.

In that view of the matter, leaving open the liberty of the petitioner to submit any such application under Form 1B, this writ petition is disposed of. If any such application is received, the DFO concerned shall consider the same in accordance with law, at the earliest possible time.

The writ petition is disposed of accordingly.

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A COPY OF THE D & O LICENSE NO. A6 90/2018 DATED 07-05-2018

EXHIBIT P1 A COPY OF THE RECEIPT NO. 0914987 DATED 09- 04-2019.

EXHIBIT P2 A COPY OF THE JUDGMENT DATD 03-08-1992 IN OP NO. 9287/1992

EXHIBIT P3 A COPY OF THE CONSENT TO OPERTE NO. PCB/KO/ICO/G/20/2019 DATED 18-02-2019.

EXHIBIT P4 A COPY OF THE CERTIFICATE ISSUED BY THE KSEB DATED 27-07-1996

EXHIBIT P5 A COPY OF THE NOTICE NO A R2-361/2018 DATED 13-12-2018