IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 5^TH DAY OF JUNE 2023 / 15TH JYAISHTA, 1945 WP(C) NO. 28459 OF 2012 PETITIONER/S: 1 RAFEEQUE AGED 42 YEARS AMBALATHAZHAM VAYAL, NEAR BRICK COMPANY, GURUVAYOORAPPAN COLLEGE P.O.

PALAZHY, KOZIKODE.

2 M.RAJAN AMBALATHAZHAM VAYAL NEAR BRICK COMPANY, GURUVAYOORAPPAN VOLLEGE P.O. PALAZHY, KOZIKODE.

BY ADV SRI.T.G.RAJENDRAN RESPONDENT/S:

1 OLAVANNA GRAMA PANCHAYATH GURUVAYOORAPPAN COLLEGE P.O., KOZHIKODE REP.BY ITS SECRETARY.

2 THE DISTRICT COLLECTOR CIVIL STATION, KOZHIKODE .

3 SUB INSPECTOR OF POLICE NALLALAM POLICE STATION KOZHIKODE.

4 THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, ZAMORINS SQUARE, LINK ROAD, KOZHIKODE.

5 THE DIVISIONAL FOREST OFFICER FLYING SQUAD, VANASREE, MATHOTTAM, KOZHIKODE .

6 SREE GANESH @ BABU PROPRIETOR M/S K.V. WOOD INDUSTRIES & FLOUR MILLS, PALAZHI, KOZHIKODE.

BY ADVS.

GOVERNMENT PLEADER SRI.JOSE JONES JOSEPH FOR R6 SRI.K.MURALEEDHARAN FOR R1 SRI.E.NARAYANAN FOR R1 SMT.K.PUSHPAVATHI FOR R6 SRI.A.SUDHI VASUDEVAN SR.

SRI. T.NAVEEN , SC, KERALA STATE POLLUTION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T Petitioners have approached this Court with the following prayers:

“a) Issue a writ of mandamus or any other appropriate writ order or direction, directing the 1st Respondents to take appropriate action to stop the operation of the wood industry being carried on by the 6th Respondent.

b) writ of mandamus or any appropriate writ order or direction, directing the Respondents 2 to 5 to take appropriate action against the 6th Respondent for conducting the saw mills without proper licences and premises.

c) Writ of mandamus or any appropriate writ order or direction, directing the 1st Respondent to take steps to cancel the license issued to the 6^th Respondent”

2. It is submitted that during the pendency of the writ petition, sixth respondent, who is running the saw mill, has obtained all necessary permissions/licences from the concerned authorities to run the industry. Learned counsel for the petitioners submits that storage has to be limited as stated in the licence conditions.

The authorities concerned will make sure that the sixth respondent, who is running the saw mill, follows all the conditions imposed in the licence.

With the aforementioned direction, the writ petition would stand closed.

Sd/-

AMIT RAWAL JUDGE jg APPENDIX OF WP(C) 28459/2012 PETITIONER'S EXHIBITS EXHIBIT P1 : TRUE COPY OF PLAN EXHIBIT P2 : TRUE COPY OF LICENCE EXHIBIT P3 : TRUE COPY OF PROCEEDINGS OF THE CIVIL COURT.

EXHIBIT P4 : TRUE COPY OF THE QUESTIONS AND ANSWERS.

EXHIBIT P5 : TRUE COPY OF NOTICE ISSUED BY THE BOARD TO THE

6TH RESPOHNDENT DATED 16.8.2008.

EXHIBIT P6 : TRUE COPY OF LETTER DATED 5.11.2009 OF POLLUTION CONTROL BOARD.

EXHIBIT P7 : TRUE COPY OF CONSENT LETTER DATED 23.11.2009.

EXHIBIT P8 : TRUE COPY OF REPRESENNTATION SENT BY THE PETITIONER.

EXHIBIT P9 : TRUE COPY OF PHOTOGRAPHS OF THE SPOT WHERE PLAINER IS INSTALLED.

EXHIBIT P10 : TRUE COPY OF PHOTOGRAPH OF THE VACANT PLOT WHERE TIMBER IS STATED.

EXHIBIT P11 : TRUE COPY OF THE FIRST INFOMATION REPORT.

RESPONDENT'S EXHIBITS EXHIBIT R6(a): A TRUE COPY OF THE LICENSE DATED 18.9.2012 ISSUED BY THE 1st RESPONDENT TO THE 6th RESPONDENT EXHIBIT R6(b): TRUE COPY OF THE CONSENT TO OPERATE DATED

23.11.2009 ISSUED BY THE 4th RESPONDENT TO THE 6^th RESPONDENT VALID UP TO 30.10.2012 EXHIBIT R6(c) A TRUE COPY OF THE APPLICATION DATED

10.8.2012 SUBMITTED BY THE 6^th RESPONDENT FOR RENEWAL OF CONSENT TO OPERATE BEFORE THE 4TH RESPONDENT EXHIBIT R6(d): A TRUE COPY OF THE DEMAND DRAFT DATED

10.8.2012 FOR A SUM OF RS.10260/- DRAWN IN FAVOUR OF KERALA STATE POLLUTION CONTROL BOARD EXHIBIT R6(e): A TRUE COPY OF THE NOTICE DATED 26.12.2012 ISSUED BY THE 4^th RESPONDENT TO ME EXHIBIT R6 (f) A TRUE COPY OF THE REPLY DATED 11.1.2013 SUBMITTED BY THE 6TH RESPONDENT TO THE 4TH RESPONDENT EXHIBIT R6 (