IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 WP(C).No. 34527 of 2007(I) --------------------------------------- PETITIONERS: ---------------------- 1. BIJOY ANTONY, AGED 26 YEARS, S/O. K.C.ANTONY, CHIRUMUDIYIL MOHANAVILASOM HOUSE, POOZHKADU, KUDASSANADU P.O.,PANDALAM,ADOOR TALUK, PATHANAMTHITTA DISTRICT, HAVING PERMANENT ADDRESS AT BIJOY ANTONY, NADAPURAM HOUSE, MADAPPALLY, CHANGANACHERRY. 2. CHELLAPPAN, AGED 58 YEARS, S/O. THANKAPPAN, MATHIRAMPALLIL HOUSE,POOZHKADU, KUDASSANADU P.O., PANDALAM. BY ADV. SRI. K.SHAJ SRI.B.BALRAJ SRI.SAJJU.S. RESPONDENTS: ------------- 1. THE SECRETARY, PANDALAM GRAMA PANCHAYAT, PANDALAM. 2. THE CHIEF CONSERVATOR OF FORESTS (SPECIAL AFFORESTATION & NODAL OFFICER), VANALAKSHMI, 1ST FLOOR, FOREST HEADQUARTERS, THIRUVANANTHAPURAM-695014. 3. THE DIVISIONAL FOREST OFFICER, KONNI. 4. THE FOREST RANGE OFFICER, KONNI. 5. CENTRAL EMPOWERED COMMITTEE (CONSTITUTED BY THE HON'BLE SUPREME COURT OF INDIA IN WRIT PETITION NO.202/1995 AND 171/1996) GATE NO.31 JAWAHAR LAL NEHRU STADIUM, LODHI ROAD, NEW DELHI, PIN-110003. Kss ..2/- ...2..... WPC.NO.34527/2007 I 6. THE CONVENOR, SINGLE WINDOW CLEARANCE BOARD, KOZHENCHERRY P.O., PATHANAMTHITTA. 7. THE KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS SENIOR ENVIRONMENTAL ENGINEER, PLAMOODU JUNCTION, PATTOM PALACE P.O., THIRUVANANTHAPURAM. 8. THE ENVIRONMENTAL ENGINEER, KERALA POLLUTION CONTROL BOARD, PATHANAMTHITTA. 9. THE DIVISIONAL FIRE OFFICER, PATHANAMTHITTA. 10. THE DISTRICT MEDICAL OFFICER, PATHANAMTHITTA. 11. ABRAHAM PLACKAL, KAIPPANPLACKAL HOUSE, POOZHIKADU, KUDASSANADU P.O. PANDALAM. BY GOVERNMENT PLEADER SRI. K.J.MOHAMMED ANZAR BY ADV. SMT.K.K.THULASY BHAI,SC,POLLUTION C.BOARD SRI.M.K.CHANDRAMOHAN DAS, SC, POLLUTION C.BOARD SRI. P.PARAMESWARAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 34527 of 2007 ---------------------------------- Dated this the 19th day of February , 2008 JUDGMENT As per the decision of the Supreme Court in T.N.Godavarman Thirumulkpad v. Union of India and Others (1997 (2 Supreme Court cases 267) (W.P(C) No.202/1995), the new saw-mill can be commenced and conducted only on the strength of sanction from the Central Empowered Committee. 2. In view of the above irrefutable position, I dispose of this Writ Petition declaring that the 11th respondent is not entitled to run a saw-mill without obtaining sanction of the 5th respondent -Central Empowered Committee. In the light of the above declaration, I permit the petitioners to file a complaint before the Panchayat voicing their grievance that it is without sanction of the 5th respondent that the Panchayat has issued licence. If such a complaint is filed by the petitioners within one month from today, the Panchayat will issue notice to the petitioners and dispose of the complaint after hearing the petitioners as well as the 11th respondent. PIUS C. KURIAKOSE, JUDGE. dpk