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2022 Supreme(Online)(KER) 54615
HIGH COURT OF KERALA
V. G. Arun, J
SUDHEER K H – Appellant
Versus
THE AUTHORISED OFFICER AND DIVISIONAL FOREST OFFICER – Respondent
WP(C)/29745/2022
P.M.MOHAMMED SHIRAZ
The judgment established that ownership transfer due to inheritance requires consent from all legal heirs and specific documentation as per the relevant regulations.
Headnote:
Ownership - Sawmill Transfer - Kerala Forest (Regulation of Sawmills and Other Wood-Based Industrial Units) Rules - Summary of provisions stress the need for legal heir consent and formal documentation in transferring ownership.
Fact of the Case:
The petitioner's father, bedridden for years, passed away. The petitioner contested the 3rd respondent's application to transfer the sawmill's ownership, arguing the lack of consent due to the father's incapacitated state prior to death.
Finding of the Court:
The court found that the application for transfer would only be considered in accordance with the legal rules requiring consent from all legal heirs and necessary documentation, allaying the petitioner's concerns.
Issues: Whether the transfer of sawmill ownership could proceed without the consent of all legal heirs and necessary documentation after the original license holder's death.
Ratio Decidendi: The court emphasized strict adherence to Rule 15(4) of the applicable regulations, which mandates proper consent and documentation for any transfer of license due to inheritance.
Final Decision: The writ petition was disposed of, directing the 1st respondent to act per the regulations when considering the transfer application.
JUDGMENT
Dated this the 28th day of October, 2022 The petitioner's father was the owner of a sawmill in Alathur. The petitioner's father was bed ridden since 2018 due to Motor Neurone Disease and was living on ventilator support. He succumbed to the illness on 28.07.2022 at the age of 94 years. The 3rd respondent is petitioner's brother. The petitioner alleges that the 3rd respondent concocted several documents without their father's knowledge and submitted an application for transferring the ownership of the sawmill to his name. On coming to know about the application, the petitioner submitted objections, pointing out that the licence holder is completely bed ridden and incapable of giving consent or affixing his signature in any document. After the father's death, petitioner informed the 1st respondent about his father's death and requested to refrain from transferring ownership of the sawmill based on the 3rd respondent's application, without the consent of all legal heirs. The writ petition is filed apprehending that in spite of the objection, the 1st respondent may transfer the licence to the 3rd respondent's name.
2. Learned Counsel for the petitioner submitted that the limited relief sought is to direct the 1st respondent to hear the legal heirs of the deceased licence holder before acting upon the application for transfer of ownership of the sawmill submitted by the 3rd respondent.
3. Learned Special Government Pleader (Forest)
submitted that the application for transfer of ownership will be decided only in accordance with law, as stated in paragraphs 6 and 7 of the counter affidavit.
Being contextually relevant, paragraphs 6 and 7 of the 1st respondent's counter affidavit are extracted hereunder;
“6. It is submitted that as per the course of events in the context of present case, the application filed in the name of the petitioner's father deceased Hamsa cannot be proceeded with. The saw mill is not operating for more than 5 years, the ex-licensee is no more and there is objection from the legal heirs on renewal, change of name and transfer of ownership. Thus any such application for renewal requires a fresh application from the legal successor of the deceased licensee, along with no objection from other legal heirs for transfer of ownership, renewal of license and change of name in their favour, as provided in Rule 15 of the Kerala Forests (Regulation of Saw Mills and other Wood Based Industrial Units) Rule 2021 and the same is applicable in the present case.
7. It is submitted that Rule 15(4) of the Saw Mill Rules
2021 provides that in a case where the transfer of license is due to inheritance, consequent on the demise of the owner, the applicant who proposes to inherit the saw mill or wood based industrial unit shall produce along with the application, a) attested copy of the death certificate, b) heirship certificate or succession certificate issued by competent authority, and c) duly notarized consent from other legal heirs expressing their willingness for transfer of saw mill or wood based industrial unit in favour of the applicant. In the light of the above provision, the application for renewal requires a fresh application from the legal successor of the deceased licensee, along with no objection from other legal heirs for transfer or ownership, renewal of license and change of name in their favour, as provided in Rule 15. Without production of the above said documents, the authorized officer cannot consider the application for renewal or transfer of ownership.” 4. A perusal of the above paragraphs reveals that the application for transfer of ownership and renewal of licence will be considered in accordance with Rule 15 of the Kerala Forest (Regulation of Sawmills and Other Wood-based Industrial Units) Rules, 2021, as per which, where the transfer of license is due to inheritance, consequent on the demise of the owner, the applicant is bound to produce attested copy of the death certificate, heirship certificate and
