K.M.Nasar vs. State Level Committee
Held
The High Court held that the civil suit's pendency, which sought to restrain the petitioner from operating without licenses, was not a valid reason to delay the consideration of the saw mill shifting application. The Court directed the Committee to consider the application in its next meeting.
Facts
The petitioner, a saw mill owner, applied to shift his saw mill to a new location. The State Level Committee delayed considering the application, citing the pendency of a civil suit filed against the petitioner concerning the functioning of the saw mill at the new site.
Key Issues
Whether the pendency of a civil suit alleging unauthorized functioning of a saw mill can be a valid ground for delaying the consideration of an application for shifting the saw mill.
Sections Cited
Rule 13(5) of the Kerala Forest (Regulation of Saw mills and other Wood Based Industrial Units) Rules 2021
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944 WP(C) NO. 19230 OF 2022 PETITIONER/S: K.M.NASAR AGED 60 YEARS S/O. MUHAMMED, MANAKKAL HOUSE, NADACKAL P.O., ERATTUPETTA, KOTTAYAM, PIN- 686121 BY ADVS. JOICE GEORGE LIJI.J.VADAKEDOM TOM E. JACOB RESPONDENT/S: 1 STATE LEVEL COMMITTEE REPRESENTED BY ITS MEMBER SECRETARY, PRINCIPAL CHIEF FOREST CONSERVATOR (FM), FOREST HEADQUARTERS, VAZHUTHACADU, THIRUVANANTHAPURAM-695014 2 PRINCIPAL CHIEF FOREST CONSERVATOR(FM), NODAL OFFICER, F(C) ACT, FOREST HEADQUARTERS, VAZHUTHACADU, THIRUVANANTHAPURAM-695014 3 DIVISIONAL FOREST OFFICER-KOTTAYAM, OFFICE OF THE DIVISIONAL FOREST OFFICER, CIVIL STATION, (3RD FLOOR), KOTTAYAM-686002 4 THE DIVISIONAL FOREST OFFICER-KONNI, KONNI FOREST DIVISION, KONNI P.O., PATHANAMTHITTA, PIN -689691 5 S.D. CHANDRAN, S/O. DAMODRAN NAIR, SATHYALAYAM, EZHACHERY P.O., VELLIPPALLY VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN-686651 6 GISMON THOMAS, AGED 39 YEARS,. NELLAMKUZHIYIL HOUSE,KGP X/7, KOLLAPPALLY, KADANADU VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN- PIN-686651 7 RAJESH V.K. AGED 45 YEARS, S/O. KRISHNANKU
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.