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2019 Supreme(Ker) 221

P.R.RAMACHANDRA MENON, N.ANIL KUMAR
Mathew Thomas – Appellant
Versus
K. A. John, S/o. Abraham – Respondent


Advocates Appeared:
For the Appellant : Sri. E.K. Nandakumar (Sr.), Sri. M. Gopikrishnan Nambiar
For the Respondent: Sri. James Kurian, Smt. Anu George, Sri. Nagaraj Narayanan, Spl.Gp Forest, Sri. Siby Chenappady, Sri. T. Naveen Sc, Kerala State Pollution Control Board

JUDGMENT :

Ramachandra Menon, J.

Right to conduct a sawmill, in the property concerned, is the subject matter of dispute. When the owner of the property contends that he is having all the requisite licenses and has been operating the unit as above, the rival party [nearby inhabitant] contends that the licence was obtained in a fraudulent manner availing the concession given to the units which were functioning before 30.10.2002; whereas the owner of the property admittedly purchased the land and building situated therein only in the year 2010 and no sawmill was in existence at any point of time. As it stands so, the law laid down by a Full Bench of the Apex Court in T.N. Godavarman Thirumulpad Vs. Union of India and others [(2002) 9 SCC 502 = 2002 (9) Scale 81] was to be given effect to and if at all any licence was to be given/obtained, it was to be based on a new application and only on satisfying the requirements/credentials specified in this regard.

2. Obviously, the two appeals arise from the common judgment whereby two different writ petitions filed by the opposite sides were considered together and disposed of. Writ Appeal No. 2239 of 2015 filed by the appellant/objector/nearby




























































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