IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 OP.No. 13591 of 2000(R) -------------------------------------- PETITIONER: -------------------- M.M.ABDULLA, MANAGING PARTNER, KUTTIADY TIMBER & SAW MILLS, KUTTIADY. BY ADV. SRI.PARTHASARATHY RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, THIRUVANANTHAPURAM. 2. PRINCIPAL CHIEF CONSERVATOR OF FOREST, THIRUVANANTHAPURAM. 3. DIVISIONAL FOREST OFFICER, KOZHIKODE DIVISION, KOZHIKODE. 4. FOREST RANGE OFFICER, KUTTIADY, KOZHIKODE. BY SPL.GOVERNMENT PLEADER(FORESTS)SRI.RENJITH THAMPAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 16/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.22111/2000 IN O.P.NO.13591/2000 R DISMISSED 16/01/208 SD/- K.M. JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER OF THE DISTRICT FOREST OFFICER, KOZHIKODE DTD. 5/12/98. EXT.P2: COPY OF THE ORDER IN CMP 45160/98 IN OP.25714/98 DTD. 22/12/98. EXT.P3: COPY OF THE JUDGMENT IN O.P.15208/98 DTD. 16/11/98. 2ND RESPONDENT'S EXHIBIT: EXT.R2(A): COPY OF ORDER NO.C4.19028/96 DTD. 15/10/1998. /TRUE COPY/ P.S.TO JUDGE Kss K. M. JOSEPH, J. ------------------------------------ O.P NO. 13591 OF 2000 R ------------------------------------ Dated this the 16th January, 2008 JUDGMENT The Original Petition is filed challenging Ext.P1. Petitioner is the Managing Partner of Kuttiady Timber & Saw Mills. According to him, it was originally started thirty years before as a Co-operative Society. Later, on a court auction, it was purchased by Shri A. Vasu and another in 1973. Still later, in 1996 it was acquired by the petitioner and two others and since then, the petitioners are doing business after getting necessary licence. Thereafter, the petitioner received Ext.P1 issued by the third respondent stating that the Saw Mill is situated within five Kms. from the forest boundary and therefore the petitioner was called upon to stop the working of the Saw mill. According to petitioner, the Saw Mill is not located within five Kms., but it is located seven Kms. away from the forest boundary. 2. A Counter Affidavit has been filed by the second OP 13591/00 R 2 respondent. Therein, it is categorically stated that the Saw Mill in question is located below five kms. of the nearest forest area, namely Janakikkadu. It is stated that the direction was issued on the basis of a direction of this Court and hence there is no violation of the principles of natural justice. 3. There is no Reply Affidavit filed. No doubt, the petitioner's case is that no notice was issued to him before Ext.P1 was issued, which is unrebutted in the Counter Affidavit. Even if I would proceed on the basis of the contention by the learned Government Pleader that the Saw Mill is functioning within five kilometres, by virtue of the Judgment in Writ Appeal, it is held that in respect of Saw Mills which were functioning with due licence as on 29.10.2002, there is no requirement to get sanction from the Central Empowering Committee for renewal of the licence. Learned Government Pleader submits further that the Saw Mill is located within five kilometres of the forest land and it is functioning prior to 29.10.2002. Every year, no objection from the Forest Authority OP 13591/00 R 3 is required for licence and that in respect of the Saw Mills located beyond five kilometres, no objection from the Forest Department is necessary every five years. It is brought to my notice that the petitioner has been functioning the Saw Mill on the basis of the interim order passed by this Court in CMP No.22111/00 from 13.6.2000. 4. Learned Government Pleader on behalf of the Forest Department would submit that the petitioner is, in the circumstances, obliged to get permission from the Forest Department every year because the unit is located within five kilometres of the boundary. I record the submission and the Original Petition is disposed. It is for the petitioner to move the Forest Authorities for getting appropriate no objection every year. K. M. JOSEPH, JUDGE kbk. K. M. JOSEPH, J. O.P NO. 13591 OF 2000 R JUDGMENT 16th January, 2008.