SEKHRAN KARAYIL Vs. CHIEF CONSERVATOR OF FORESTS

JUDGEMENT

(1.) Writ petition has been filed praying to quash Ext.P7 notice issued by the 4th respondent asking the petitioner to show cause why the licence issued to a wood industry belonging to the petitioner, functioning in building No.483 in Ward X of Vengad Grama Panchayat (old IX/444) should not be cancelled and to quash Ext.P8 letter whereby the 2nd respondent directed the 4th respondent to cancel the licence aforesaid, for the reason that it is functioning without a licence from the Forest Department under the Kerala Forest (Regulation of Sawmills and Other Wood Based Industrial Units) Rules, 2012. There is also a prayer for a direction to the 2nd respondent to consider the application filed by the petitioner and grant the licence to run the unit.

(2.) Heard Smt.Rajasree on behalf of the petitioner, Sri Sandesh Raja, Special Government Pleader (Forests) on behalf of respondents 1 to 3 and Sri C.P.Peethambaran on behalf of the 4 th respondent.

(3.) The Kerala Forest (Regulation of Sawmills and Other Wood Based Industrial Units) Rules, 2012 (hereinafter referred to as 'the Rules') was promulgated pursuant to the judgment of the Hon'ble Supreme Court in Writ Petition Nos.202 of 1995 and 171 of 1996. The Apex Court directed that no State or Union Territory shall permit any unlicensed saw mills, veneer or plywood industry to operate, that all such unlicensed units shall be closed down and that no permission will be granted for opening of any saw mills, veneer or plywood industry, without prior permission of the Central Empowered Committee. Rule 3 and relevant portion of Rule 9 of the Rules reads thus;