IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WP(C).No. 32886 of 2011(I) --------------------------------- PETITIONER: ------------------- B.DIVAKARAN PILLAI, AGED 53 YEARS, S/O.BHASKARA PILLAI, R/O.DEEPA SADANAM, ADAPPINAKATHU, VENKULAM, EDAVA VILLAGE, EDAVA (PO), TRIVANDRUM DISTRICT, PIN-695 311. BY SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT(S): --------------- 1. EDAVA GRAMA PANCHAYAT, VENKULAM, EDAVA, TRIVANDRUM DISTRICT-695 001, REPRESENTED BY ITS SPECIAL GRADE SECRETARY. 2. DIVISIONAL FOREST OFFICER, TRIVANDRUM. 3. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, EDAVA, TRIVANDRUM DISTRICT. PIN-695 001. 4. TRIVIKRAMAN NAIR, AGED 53 YEARS, S/O.BHASKARA PILLAI, THENGUVILAKIZHAKKATHIL HOUSE, KAPPIL, EDAVA, NOW RESIDING AT PANANINNAVILA HOUSE, KANNAMUD, EDAVA.P.O.-695 001, TRIVANDRUM. ADV. SRI.BIJU BALAKRISHNAN FOR R1 GOVT.PLEDER SRI BIJU MEENATTOOR FOR R2 ADV. SRI.T.R.RAJAN,SC,K.S.E.B. FOR R3 SRI.G.S.REGHUNATH FOR R4 SRI.BIJU BALAKRISHNAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.32886/2011 APPENDIX' PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THEL COMPLAINT DTD. 10/10/11 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. EXTP2 TRUE COPY OF THE COMPLAINT DTD. 10/10/11 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P3 TRUE COPY OF THE COMPLAINT DTE.10/10/11 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENTS' EXTS: EXT.R1(A) PHOTOSTAT COPY OF THE LETTER DTD. 4/11/2010 RECEIVED FROM THE DISTRICT MEDICAL OFFICER, THIRUVANANTHAPURAM. EXT.R1(B) PHOTOSTAT COPY OF THE LETTER DTD. 7/8//2010 RECEIVED FROM THE DISTRICT LABOUR OFFICER, THIRUVANANTHAPURAM. EXT.R4(A) TRUE COPY OF THE NO OBJECTION CERTIFICATE OBTAINED BY THE PETITINER DTD. 6/2/2009 FROM THE IST RESPONDENT. EXT.R4(B) TRUE COPY OF THE LETTER SENT TO PETITIONER DTD. 7/10/2006 FROM THE DISTRICT MEDICAL OFFICER (HEALTH). EXT.R4(C) TRUE COPY F THE CONSENT TO ESTABLISH DTD. 31/3/2010 ROM KERALA STATE POLLUTION CONTROL BOARD TO THE 4TH RESPONDENT. EXT.R4(D) TRUE COPY OF THE CERTIFICATE DTD. 6/3/2010 FROM THE FIRE FORCE AUTHORITY TO THE 4TH RESPONDENT. EXT.R4(E) TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY EDAVA PANCHAYAT ISSUED TO THE 4TH RESPONDENT. EXT.R4(F) TRUE COPY OF THE LETTER DTD. 8/4/2011 ISSUED BY THE CHIEF CONSERVATOR OF FOREST TO THE 4TH RESPONDENT. EXT.49G) TRUE COPY OF THE APPLICATION SUBMITTED TO FOREST DEPARTMENT BY 4TH RESPONDENT EXT.R4(H) TRUE COPY OF THE REPRESENTATION SENT BY 4TH RESPONDENT TO THE FOREST MINISTER ON 4/11/2011. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 32886 OF 2011 ------------------------------- DATED THIS THE 21ST DAY OF DECEMBER, 2011 JUDGMENT Writ Petition is filed for a direction commanding respondents 1 to 3 to take prompt and effective action against the illegal and unauthorised conduct of saw mill by the 4th respondent in the building bearing Door No.11/7706 of Edava Panchayat and for a direction commanding the 4th respondent to immediately stop the illegal and unauthorised conduct of saw mill in the said building. 2. The grievance of the petitioner is that the 4th respondent has installed machineries and is conducting a saw mill uauthorisedly and illegally in the building bearing Door.No.11/7706 of Edava Panchayat without obtaining necessary licence, permits and consents from the statutory authorities. 3. In paragraph 19 of the counter affidavit the 4th respondent unconditionally undertook not to conduct any wood industry without obtaining necessary no objection certificate and -2- W.P.(C).No.32886/2011 permit from the authorities concerned. The undertaking is recorded. Writ Petition is disposed of as above. HARUN-UL-RASHID, JUDGE. kcv.