Faseela Rasheed vs State of Kerala - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 WP(C) NO. 42120 OF 2023 PETITIONER: FASEELA RASHEED AGED 49 YEARS W/O RASHEED KADHEEJA NIVAS, HMT COLONY P.O PERINGAZHA, KALAMASSERY, ERNAKULAM, PIN - 683503 BY ADV JAGAN ABRAHAM M GEORGE RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN - 695004 2 PRINCIPAL CHIEF CONSERVATOR OF FORESTS (FOREST MANAGEMENT) 85 NODAL OFFICER, F(C), ACT, FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014 3 DIVISIONAL FOREST OFFICER MALAYATOOR DIVISION, FOREST OFFICE ROAD, KODANAD, PERUMBAVOOR, ERNAKULAM, PIN - 683544 4 VENGOLA GRAMA PANCHAYATH VENGOLA.P.O., ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY., PIN - 683554 5 THE KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS SENIOR ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, GANDHI NAGAR, ERNAKULAM, KOCHI., PIN - 682020 6 AHAMMED RIYAS S/O PAREETHU PILLA, THENOORAN HOUSE, WP(C) No.42120 of 2023 2 VENGOLA P.O, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN-683554 PROPRIETOR M/S MIHRAJ TIMBERS, VENGOLA P.O, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683554 BY ADVS. Siraj K H R6 BY ADVS.SIRAJ KAROLY & MOHAMMED SHAD K.A.(K/001636/2023) R4 BY ADV. THOMAS GEEVARGHESE R5 BY SC T.NAVEEN GP DEEPA V. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.42120 of 2023 3

VIJU ABRAHAM, J.

................................................................. W.P (C) No.42120 of 2023 ................................................................. Dated this the 1st day of April, 2024

JUDGMENT

When the matter was taken up for consideration, the learned counsel for the petitioner seeks permission to withdraw the writ petition. Permission is granted and the writ petition is dismissed as withdrawn. Sd/- VIJU ABRAHAM JUDGE cks WP(C) No.42120 of 2023 4 APPENDIX OF WP(C) 42120/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LICENCE DATED 30.05.2019 ISSUED BY THE VENGOLA GRAMA PANCHAYAT TO THE 6TH RESPONDENT UNIT Exhibit P2 TRUE COPY OF THE FOREST NOC OF THE 6TH RESPONDENT PLYWOOD UNIT DATED 23.08.2017 Exhibit P3 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 01.03.2023 TO THE 6TH RESPONDENT Exhibit P4 TRUE COPY OF THE ORDER DATED 02.03.2023 ISSUED BY THE 3RD RESPONDENT TO THE 6TH RESPONDENT Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 11.12.2023 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT PANCHAYAT Exhibit P6 TRUE COPY OF THE RECEIPT DATED 19.12.2023 ACKNOWLEDGING THE EXT.P5 REPRESENTATION RESPONDENT EXHIBITS EXHIBIT R6a True copy of the plaint in O.S 367/2023 dated 28.11.2023 EXHIBIT R6b True copy of the Government order dated 03.11.2023 EXHIBIT R6d True copy of the license issued by the 4th respondent dated 21.12.1990 EXHIBIT R6e True copy of the earlier license dated 02.11.2010 issued by the 4th respondent dated 02.11.2010

EXHIBIT R6f              True copy of the certificate issued by
                         the    Industrial    General    Manager,
                         Industries   Centre,   Ernakulam   dated

22.12.2009 EXHIBIT R6g True copy of the sanction communication WP(C) No.42120 of 2023 5 from Kerala Financial Corporation dated 27.01.2023 EXHIBIT R6c True copy of the certificate issued by the 5th respondent, the Pollution Control Board dated 12.12.2023 EXHIBIT R6h True copy of the renewal application pending before the 3rd respondent dated 14.03.2022 EXHIBIT R6i TRUE COPY OF THE D AND O LICENSE ISSUED BY THE 4TH RESPONDENT DATED 30.05.2019 Exhibit R6j TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 15.12.2023 Exhibit R6k TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE CHIEF FOREST CONSERVATOR, CENTRAL CIRCLE, THRISSUR DATED 19.01.2024 Exhibit R6L TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE CHIEF CONSERVATOR OF FOREST DATED 20.01.2024 Exhibit R6m TRUE COPY OF THE CHALLAN SHOWING THE REMITTANCE OF FEES DATED 20.01.2024