M/S. Akhila Woods Products @ Plywood Industries vs. The State Of Kerala

WP(C)/35530/2017HC KeralaGSTCNR KLHC01083475201704 December 2018Bench: HONOURABLE MRS. JUSTICE ANU SIVARAMAN16 pages
For Petitioner: SRI.C.A.NAVAS, SRI.T.K.SASIKUMAR
AI SummaryPartly Allowed

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 all 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 due to alleged lack of a 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 compliance with Pollution Control Board conditions.

Sections Cited

Kerala Forest (Regulation of Saw Mills and other wood based Industries Unit) Rules 2012, Rule 6, Rule 7, Rule 8, Rule 9

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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