HANEEFA P.K. Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) Heard Sri.N.Dharmadan, the learned senior counsel appearing for the appellant/writ petitioner. Also heard Sri.Sandesh Raja, the learned special Government Pleader (Forest), appearing for respondents 1, 2, 3 and 7. Sri.I.V.Pramod, the learned counsel appears for the Thalassery Municipality (respondent No.5).

(2.) The appellant is the writ petitioner and is aggrieved by the judgment dated 23.10.2018 in the W.P(C).24659/18. The petitioner is operating a sawmill viz., Shemy Timbers in the Thalassery Village and he approached this court to challenge the notice dated 2.7.2018 (Ext.P9) proposing to cancel the trade licence issued by the Thalassery Municipality; the communication dated 22.6.2018 (Ext.P10) whereby the electricity connection is proposed to be disconnected to the sawmill which was stated to be operating without licence from the Forest Department; as also the communication dated 7.7.2018 from the Divisional Forest Office (Ext.P14) whereby the petitioner was informed that his belated application cannot be considered in view of the expiry of the cut off date (8.3.2016).

(3.) In his challenge, the writ petitioner contended that the sawmill is operating since 1957 and from 1998 onwards, it was operational as a partnership concern. The mill was possessing a No Objection Certificate (Ext.P5) which was valid till 2.9.2009 and a renewal application was pending consideration, at the time when the impugned actions were unjustly taken against the sawmill.