IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(C).No. 32054 of 2010(F) -------------------------- PETITIONER(S): --------------- ALL KERALA SAW MILLS & WOOD INDUSTRIES OWNERS ASSOCIATION, REPRESENTED BY ITS PRESIDENT V.M.ALIAR, MAM TIMBER & PLYWOOD INDUSTRIES, RAYONPURAM, PERUMBAVOOR-683543. BY ADV. SRI.THAMPAN THOMAS SRI.B.V.JOY SANKER RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM- 695 014. 2. CHIEF CONSERVATOR OF FORESTS (SPECIAL AFFORESTATION) & NODAL OFFICER, CONVENOR, STATE LEVEL COMMITTEE, KERALA, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM- 695 014. 3. CENTRAL EMPOWERED COMMITTEE, REP.BY THE MEMBER SECRETARY, GATE NO.31, JAWAHARLAL NEHRU STADIUM, LOADI ROAD, NEW DELHI- 110 003. ADDL. A.G. SRI. RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2010, ALONG WITH WPC NO. 32100 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NOs. 32054 & 32100 OF 2010(F) -------------------------------------------------- Dated this the 26th day of October, 2010 J U D G M E N T In these writ petitions the prayers sought is mainly to direct the 2nd respondent, not to insist on the shifting of the saw mills more than 5 Kilometers away from the forest area. 2. The main submission of the counsel for the petitioner is that it was without any such direction from the Central Empowered Committee the said condition has been insisted by the State Empowered Committee. Learned Addl. Advocate General, who has filed a statement also, has produced the proceedings of the Central Empowered Committee as Annexure-A. Clause III(b) of Annexure-A shows that the Central Empowered Committee had directed that if any wood based industries are located within 5 kilometers from the nearby forests, such Units will be relocated or permanently closed within the stipulated time. It was further directed that a reasonable time frame in this regard will be decided by the State Level Committee. Learned Addl. Advocate General submits that it was in implementation of the aforesaid directions that, the State WPC.No. 32054/2010 & anor. :2 : Level Committee was insisting on the shifting of the wood based industries. 3. It is stated that while so, petitioner submitted a representation to the Central Empowered Committee and that the Central Empowered Committee has forwarded the representation to the State Level Committee under cover of Ext.P7 and the recommendations were called for. It is stated that accordingly, the matter was considered by the State Level Empowered Committee on 20.10.2007 and that the said Committee is in the process of making recommendations to the Central Empowered Committee to review the earlier direction for shifting and close of such wood based industries. 4. Now that the State Level Empowered Committee and the Central Empowered Committee are seized of the request of the petitioners for modifying clause III(b) of Annexure-A referred to above, I feel it is only appropriate that the State Level Committee should communicate its recommendations to the Central Empowered Committee on an expeditious basis and await for the decision of the Central Empowered Committee in this behalf before WPC.No. 32054/2010 & anor. :3 : insisting shifting of the wood based industries. In that view of the matter, the writ petition is disposed of directing the State Level Empowered Committee to maintain status quo in so far as the shifting of wood based industries are concerned until a decision is taken and communicated by the Central Empowered Committee on the representation made by the petitioners . (ANTONY DOMINIC) JUDGE vi/