IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 2521 of 2008(A) ------------------------- PETITIONER: ------------ K.B.GIRISH, S/O. BALAKRISHNAN NAIR, RESIDING AT KIZHAKKOOTTIL HOUSE, VARANDARAPPILLY, TRICHUR DISTRICT - 680 303. BY ADV. SRI.E.P.GOVINDAN RESPONDENTS: ------------- 1. THE COMMERCIAL TAX OFFICER, VAT CIRCLE, CHAVAKKAD. (REGISTERING AUTHORITY UNDER THE KVAT ACT, 2003). 2. THYCAUD GRAMA PANCHAYAT, PALUVAI, CHAVAKKAD, TRICHUR DISTRICT, REP. BY ITS SECRETARY. 3. DIVISIONAL FOREST OFFICER, CIVIL STATION, TRICHUR. 4. STATE OF KERALA, REPRESENTED BY SECRETARY, TAXES DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. BY ADV. SRI.C.A.CHACKO SHRI.C.K.GOVINDAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 2521/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE PURCHASE DEED DATED 15/10/2007 BY PETITIONER. P2 : COPY OF THE PURCHASE DEED DATED 15/10/2007 BY PETITIONER. P3 : COPY OF REGISTRATION APPLICATION DATED 14/11/2007 UNDER THE KVAT ACT. P3(a) : COPY OF REGISTRATION APPLICATION DATED 14/11/2007 UNDER CST ACT. P4 : COPY OF INSPECTION REPORT DATED 16/11/2007 BY 1ST RESPONDENT. P5 : COPY OF LICENSE NO.9/06-07 DATED 19/06/2006 ISSUED BY 2ND RESPONDENT. P6 : COPY OF RECEIPT ISSUED BY 2ND RESPONDENT. P7 : COPY OF RECEIPT NO.6224352 DATED 26/11/2007 BY VILLAGE OFFICER. P8 : COPY OF NOTICE DATED 02/01/08 BY 1ST RESPONDENT. P9 : COPY OF NOTICE DATED 04/01/2008 ISSUED BY 2ND RESPONDENT. P10 : COPY OF LETTER DATED 16/06/2004 ISSUED BY INDUSTRIES DEPARTMENT. P11 : COPY OF INTERIM ORDER IN WP(C) No. 6507/05 DATED 20/07/2005 BY HIGH COURT OF KERALA. P12 : COPY OF JUDGMENT DATED 25/01/2005 IN W.A.NO.1593/99 BY HIGH COURT OF KERALA. P13 : COPY OF REPRESENTATION DATED 07/01/2008 BY PETITIONER TO 3RD RESPONDENT. P14 : COPY OF CERTIFICATE DATED 07/03/2008 ISSUED BY 1ST RESPONDENT TO PETITIONER. // TRUE COPY // PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ---------------------- WP(C) No. 2521 of 2008 ------------------------------------ Dated, this the 11th day of April, 2008 J U D G M E N T Petitioner’s case is that the saw mill purchased by him was operational at the time of his purchase, which is located in Chavakkad i.e. far away from forest, and therefore, there is no likelihood of any forest offence so far as petitioner’s mill is concerned. If this is the factual position, I find no justification in not issuring licence by the Panchayat and consequential registration under the KVAT Act. In any case, since clearance from Forest Department is required, I direct 3rd respondent, Divisional Forest Officer, to issue clearance certificate to petitioner based on current norms and subject to such conditions as are permissible, within one month from the date of production of a copy of this judgment. Petitioner can, based on clearance certificate, apply for Panchayat licence and for registration under the KVAT Act. Petitioner will produce copy of the judgment for compliance. (C.N.RAMACHANDRAN NAIR, JUDGE.) jg