HANEEFA.P.K Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) The petitioner has approached this Court seeking the following reliefs:

(2.) Heard the learned Senior Counsel appearing for the petitioner and the learned Special Government Pleader.

(3.) The petitioner contends that the saw mill, which is presently being run by the petitioner, started functioning in 1957. In 1998, a partnership was constituted for running of the mill. From 1999 onwards, the petitioner had licence issued by the 3 rd respondent. These facts are substantiated by the documents. It is stated that a no objection certificate was issued by the 1 st respondent after due verification. The verification report submitted is produced as Exhibit P6. It is stated that the NOC issued to the petitioner was valid till 2.9.2009. It is stated that a notice had been issued by the 2 nd respondent requiring him to produce all records with regard to his mill by Exhibit P7 dated 19.2.2009. The application submitted by the petitioner for NOC on 28.10.1998 is also produced as Exhibit P8. It is stated that the Kerala Forest (Regulation of Saw Mills and Wood Based Industrial Units) Rules, 2012 (for short, 'the Rules') was promulgated on 19.4.2012. Rule 3 thereof provided that a person owning or running a saw mill on before 30.10.2002 shall apply for a licence under the Rules within a period of six months from the date of commencement of the Rules. The Rule was later amended on 9.9.2015 adding a provision that a person failing to apply for a licence within the prescribed period of six months can make an application within six months from the date of commencement of the amended Rules. It is stated that the procedure for applying for licence is provided in Rule 6 of the Rules.