IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 34316 of 2006(I) ------------------------------------ PETITIONER(S): ----------------------- M/S.TRAVANCORE TIMBER COMPANY, MUDICKAL, MUDICKAL P.O., PERUMBAVOOR VIA., ERNAKULAM DISTRICT, REP. BY ITS MANAGING PARTNER, A.M.ABDUL RAZAK, AMBADAN HOUSE, RAONPURAM, PERUMBAVOOR. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENT(S): ------------------------- 1. THE CONSERVATOR OF FORESTS, CENTRAL CIRCLE, THRISSUR. 2. THE DIVISIONAL FOREST OFFICER, MALAYATTOOR DIVISION, OFFICE OF THE DFO MALAYATTOOR, KODANAD, PERUMBAVOOR VIA. GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR SPL. GOVT. PLEADER SRI.RENJITH THAMPAN (FOREST) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.NO.34316/2006 APPENDIX PETITIONER'S EXHIBITS: P1:- COPY OF THE REGISTRATION CERTIFICATE NO.61/97-98 DT. 94.97 ISSUED BY THE 2ND RESPONDENT. P2:- COPY OF THE LICENSE BEARING NO.180/06-07 DT 20.4.06 ISSUED FROM THE VAZHAKULAM GRAMA PANCHAYAT. P3:- COPY OF THE PROCEEDING BEARING NO.DB 13/06-07 DT 17.7.06 ISSUED BY THE ASSISTANT ENGINEER, ELECTRICAL SECTION, VAZHAKULAM. P4:- COPY OF THE CERTIFICATE BEARING REGISTRATION NO.09 03 11085/90/PMT/SS/SSE DT. 17.7.90 ISSUED FROM THE DISTRICT INDUSTRIES CENTRE, ERNAKULAM. P5:- COPY OF THE RECEIPT BEARING NO.5809735 OF BOOK NO.23/3041 DT 20.2.06 OF THE MARAMPILLY VILLAGE. P6:- COPY OF THE RIEGISTRATION BEARING NO.23136071 DT. 10.5.2000 ENJOYS THE PETITIONER UNDER THE SALES TAX DEPARATMENT. P7:- COPY OF THE APPLICATION DT. 12.406 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P7(a):- COPY OF THE ACKNOWLEDGEMENT DUE EVIDENCING THE SENDING OF EXT.P7. P8:- COPY OF THE BILL REGISTER MAINTAINED BY THE PETITIONER. P9:- COPY OF THE ACCOUNT BOOK MAINTINED BY THE PETITIONER. P10:- COPY OF THE ORDER BEARING NO.C1-7833/05 DT. 18.3.06 ISSUED BY THE 2ND RESPONDENT. P11:- COPY OF THE ORDER NO.TR-180/04 DT. 27.6.06 PASSED BY THE IST RESPONDENT. P12:- COPY OF THE REMINDER DT. 14.8.06 SENT BY THE MANAGING DIRECTOR OF THE PETITIONER. True copy P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.34316 of 2006 ---------------------------------------------- Dated 10th November, 2008. J U D G M E N T Petitioner is aggrieved since Ext.P1 no-objection certificate is not renewed. It is seen that the Conservator of Forests has considered the issue leading to Ext.P11 order wherein it is stated at paragraph 9 as follows :- “On detailed examination of all the relevant records, statements and files it is evident that the timber which was brought to the mill owned by Sri.Abdul Razak by Sri.Sudheer was illegally collected from teak plantations of Cheppilakkode Bit-I of Machad forest range of Thrissur forest division. Sri.Abdul Razak and Sudheer are found to be involved in the illicit trade of timber brought from Government Plantations. They have therefore been made accused in OR.5/05 booked by Vazhani Forest station staff. The saw mill which is being run by Abdul Razak at Mudical is actually functioning without valid NOC issued by the Forest Department. So the functioning of the saw mill is illegal.” Learned counsel for the petitioner submits that OR.5/05 referred to in Ext.P11 is still pending. Therefore, the writ petition is disposed of making it clear that based on the outcome of the case referred to above, it will be open to the petitioner to approach the first respondent for reconsideration of the matter. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.34316 of 2006 ---------------------------------------------- J U D G M E N T Dated 10th November, 2008.