Mujunudeen vs. State Of Kerala
Held
The Court directed the Divisional Forest Officer to consider the application for a fresh license within six weeks. It also stated that proceedings initiated regarding the unit's functioning would be concluded after hearing both parties, and the Pollution Control Board must ensure compliance with its consent conditions.
Facts
One petitioner sought to continue operating a plywood unit, claiming all statutory clearances except a renewed forest license. The other petitioner sought to interdict the unit's functioning, alleging it operated without the requisite license under specific rules.
Key Issues
Whether the plywood unit was operating without a valid license and if the application for a fresh license should be considered. The court also addressed the compliance with Pollution Control Board conditions.
Sections Cited
Rules 6,7 and 8 of the Kerala Forest (Regulation of Saw Mills and Other Wood Based Industrial Units) Rules 2012, Rule 9 of the Kerala Forest (Regulation of Saw Mills and other wood based Industries Unit) Rules 2012
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY ,THE 04TH DAY OF DECEMBER 2018/13TH AGRAHAYANA, 1940 WP(C).No. 35530 of 2017 PETITIONER: M/S. AKHILA WOODS PRODUCTS @ PLYWOOD INDUSTRIES PANGODE P.O., THIRUVANANTHAPURAM,REPRESENTED BY THE PROPRIETOR,M.A.ABBAS, AGED 58 YEARS,S/O. LATE MUHAMMED KAREEM, RESIDING AT ANWAR MANZIL, KALLARA, PANGODE P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.C.A.NAVAS SRI.T.K.SASIKUMAR RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY,FOREST AND WILD LIFE DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM.695001 2 THE DIVISIONAL FOREST OFFICER DIVISIONAL FOREST OFFICE,THIRUVANANTHAPURAM- 695001 3 ADDL.R3-SHAJAHAN A, AGED 42 YEARS, S/O ABDUL VAHID,CHANTHAKKUNNIL,PANGODE P.O,KALLARA,THIRUVANANTHAPURAM-695609. W.P.(C).Nos.35530/17 & 9104/18 2 4 ADDL R4-MUJUNUDEEN, AGED 33 YEARS,S/O ABDUL VAHEED,FAHARUDEEN MANZHIL,PULIPPARA,PANGOD P.O.THIRUVANANTHAPURAM 695609. ----------------------------------------------- ------------------- ADDL R3,R4 ARE IMPLEADED AS PER ORDER DATED 5.03.2018 IN IA NO.4323/2016. BY ADVS. SRI.SANDESH RAJA.K., SPL. G.P. (FOREST) SRI.RAJAN VISHNURAJ SRI.SANDESH RAJA.K.
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