WP(C) NO. 42086 OF 2018 1 2025:KER:28240 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 42086 OF 2018 PETITIONER: M/S TURBO VENEERS WEST VENGOLA P.O, PONJASSERY, PEERUMBAVOOR 683556, KERALA REPRESENTED BY ITS MANAGING PARTNER SHRI MUHAMMED SHAFEEK. BY ADVS. M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.JAI MOHAN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM 695 001, KERALA 2 VENGOLA GRAMA PANCHAYAT REPRESENTED BY ITS SECRTARY, VENGOLA P.O, ERNAKULAM 683554. 3 SECRETARY, VENGOLA GRAMA PANCHAYAT, VENGOLA P.O, ERNAKULAM 683554. 4 CHIEF FOREST CONSERVATOR (SPECIAL AFFORESTATION) NODAL OFFICER AND CONVENER, STATE LEVEL COMMITTEE, FOREST HEADQUARTERES, VAZHUTHAKKADU, THIRUVANANTHAPURAM 695 014 WP(C) NO. 42086 OF 2018 2 2025:KER:28240 5 DIVISIONAL FOREST OFFICER, MALAYATOOR DIVISION, KODANADU P.O, KERALA 683544. OTHER PRESENT: SRI.T.P.SAJAN, SPL.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 42086 OF 2018 3 2025:KER:28240 MOHAMMED NIAS C.P., J ............................................................ W.P.(C) No.42086 of 2018 ............................................................. Dated this the 02nd day of April, 2025 JUDGMENT The writ petition is filed for seeking the following reliefs:- “(i) Call for the records leading to Exhibit P11 order dated 13.12.2018, issued by the 5th Respondent and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction; (ii) Declare that the Petitioner is entitled to continue operating its unit; AND (iii) Issue such other writs, orders or direction which this Hon'ble Court may deem fit and proper to issue in the facts and circumstances of the case;” The learned counsel for the petitioner submits that they have been issued consent to operate by the Pollution Control Board and also a licence under the Kerala Forest (Regulation of Sawmills and Other Wood-based Industrial Units) Rules, 2012. WP(C) NO. 42086 OF 2018 4 2025:KER:28240 This is recorded. Nothing further remains to be considered in this writ petition and the same is accordingly closed as infructuous. Sd/- MOHAMMED NIAS C.P. Anu JUDGE WP(C) NO. 42086 OF 2018 5 2025:KER:28240 APPENDIX OF WP(C) 42086/2018 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 04-11-2004 ISSUED BY THE 5TH RESPONDENT DIVISIONAL FOREST OFFICE IN RESPECT OF RENEWAL OF FACTORY LICENSE ISSUED TO THE PETITIOENR. EXHIBIT P2 TRUE COPY OF THE LICENSE DATED 05-08- 2004 ISSUED BY THE 2ND RESPONDENT PANCHAYAT EXHIBIT P3 TRUE COPY OF PETITIONER'S APPLICATION DATED 14-07-2011 ISSUED TO CHIEF FOREST CONSERVATOR (SPECIAL AFFORESTATION) EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE 4TH RESPONDENT DATED 25- 10-2011 EXHIBIT P4 TRUE COPY OF THE LETTER DATED 25-01- 2013 ISSUED BY THE RANGE FOREST OFFICER, KODANADU TO THE PETITIONER. EXHIBIT P5 TRUE COPY OF THE LETTER DATED 02-01- 2014 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXHIBIT P5 TRUE COPY OF THE CHALLAN DATED NIL BEARING CODE NO. 2/934 EVIDENCING PAYMENT. EXHIBIT P5 TRUE COPY OF THE LETTER DATED 19-10- 2014 ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT DIRECTING HIM TO PROCESS THE APPLICATION FOR LICENSE SUBMITTED BY THE PETITIONER SINCE THE ONE TIME LICENSE FEE WAS DULY CREDITED. WP(C) NO. 42086 OF 2018 6 2025:KER:28240 EXHIBIT P6 TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE DEPARTMENT OF INDUSTRIES, GOVT. OF KERALA, DATED 24- 04-2012, EVIDENCING THAT THE PETITIONER COMMENCED ITS ACTIVITIES ON 18-08-2002. EXHIBIT P6 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 23-07-2011 STATING THAT THE UNIT HAS BEEN FUNCTIONING ITS CURRENT PREMISES SINCE AUGUST 2002. EXHIBIT P7 THE CERTIFICATE ISSUED BY THE DIVISIONAL MEDICAL OFFICER (HEALTH) DATED 22-01-2014. EXHIBIT P8 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE RENEWAL DATED 18-04-2018 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD EXHIBIT P9 LICENSE ISSUED BY THE DEPT. OF FACTORIES AND BOILERS, GOVT. OF KERALA DATED 22-12-2014. EXHIBIT P10 TRUE COPY OF THE D& O LICENSE DATED 01-04-2016 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P11 TRUE COPY OF THE ORDER DATED 13-12- 2018 ISSUED BY THE 5TH RESPONDENT WHICH WAS RECEIVED BY THE PETITIONER ON 17-12-2018.