IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 19262 of 2011(G) -------------------------- PETITIONER(S): ----------------------- 1. C.KUMARAN,PROPRIETOR,SREE MOOKAMBIKA SAW MILL,OOTTUTHARA, KOLLENGODE,PALAKKAD. 2. K.C.KRISHNAN,PROPRIETOR, SURESH SAW MILL, KANNANMEDU,KOZHINJAMPARA, CHITTUR , PALAKKAD. 3. K.N.BALAKRISHNAN,S/O.NARAYANAN, B.G.NIVAS,NAIKATHARA,KOZHINJAMPARA, PALAKKAD. 4. A.SUBRAMANIAN,PROPRIETOR, KAMAKSHIYAMMAN SAW MILL,R.V.PUTHOOR, KOZHINJAMPARA,PALAKKAD. 5. P.MANICKAN,S/O.PAZHANIYANDI,PROPRIETOR, PLATHUR SAW MILL,PUDUNAGARAM PO,PALAKKAD. 6. K.KRISHNAN,PROPRIETOR,THENKAYATH SAW MILL,KOZHINJAMPARA PO,PALAKKAD. 7. KANAKARAJ.M,PROPRIETOR,PAZHANIYAPPA SAW MILL,NATTUKAL,KOZHINJAMPARA,PALAKKAD. 8. K.C.SATHYABHAMA,SATHYABHAMA SAW MILL,KARIPODE,PUDUNAGARAM,PALAKKAD. 9. VELANKANNIMATHA SAW MILL(FORMERLY SIVASAKTHI SAW MILL),PALLAVOOR PO,PALAKKAD, REP.BY PROPRIETOR P.I.GEORGE. 10. S.ABEES,S/O.SOWHAQ SADHIQ, ERVADI SAW MILL,CHAVAKODU,PALLASSANA PO, PALAKKAD 678 505. 11. S.NAJIMUDHEEN,PROPRIETOR,JESNA SAW MILL,PALLIMUKKU,VANDITHAVALAM,PALAKKAD. 12. N.H.ABDUL KAREEM HAJI,PROPRIETOR, AJMEER SAW & WOOD INDUSTRIES,NANDAN KIZHAYA, ANAMARI PO, MUTHALAMADA 678 507. BY ADV. SRI.M.C.JOHN WP(C).No. 19262 of 2011(G) --------------------------------------- RESPONDENT(S): ------------------------- 1. THE CHIEF CONSERVATOR OF FORESTS, (SPECIAL AFFORESTATION) & NODAL OFFICER, FOREST HEAD QUARTERS,VAZHUTHACAUD, THIRUVANANTHAPURAM 695 014. 2. THE DIVISIONAL FOREST OFFICER,NENMARA DIVISION,PALAKKAD 678 506. 3. THE FOREST RANGE OFFICER,KALLINGODE RANGE,PALAKKAD 678 506. BY GOVERNMENT PLEADER SRI.BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19262 of 2011(G) -------------------------------------- APPENDIX --------------- PETITIONER'S EXHBIBITS -------------------------------------- EXT.P1. COPY OF RELEVANT PAGES OF THE FACTORY LICENCE NO.N/PGT/(S)/09/611/88 EXT.P2. COPY OF THE PANCHAYAT LICENCE NO.97/91-92 DATED 25.06.1991. EXT.P2(A). COPY OF THE LICENCE FEE RECEIPT DATED 03.03.2011. EXT.P3. COPY OF THE NOC N0.C5-5271/92 DATED 23.09.1992. EXT.P4. COPY OF VERIFICATION REPORT DATED 28.05.2009. EXT.P5. COPY OF STOP MEMO N.K1-96/06 DATED 07.07.2011 ISSUED BY THE 3RD RESPONDENT. EXT.P6. COPY OF THE FEE RECEIPT DATEDM 18.02.2011 ISSUED BY THE KOZHINJAMPARA PANCHAYAT EXT.P7. COPY OF RENEWED NC NO.01-3245/04 K.DIS DATED 13.07.2004. EXT.P7(A). COPY OF LETTER .E1-4320/08 DATED 06.08.2008. EXT.P8. COPY OF VERIFICATION REPORT DATED 29.05.2009. EXT.P9. COPY OF NOC ISSUED BY THE 2ND RESPONDENT. EXT.P10. COPY OF CERTIFICATE NO.A3-4003/11 DATED 01.07.2011. EXT.P10(A). COPY OF LICENCE FEE RECEIPT DATED 18.02.2011. EXT.P11. COPY OF ACKNOWLEDGEMENT RECEIPT DATED 13.10.2009. EXT.P11(A). COPY OF THE VERIFICATION REPORT DATED 24.05.2010 EXT.P12. COPY OF RECEIPT DATED 26.05.2010 FOR RENEWAL OF PANCHAYAT LICENCE FOR 2010-2011. EXT.P13. COPY OF NOC DATED 29.11.2006 ISSUED BY 2ND RESPONDENT. EXT.P14. COPY OF VERIFICATION REPORT DATED NIL EXT.P15. COPY OF RECEIPT FOR 99-2000 DATED 30.09.99 EXT.P16. COPY OF NOC DATED 12.09.2006 ISSUED BY THE 2ND RESPONDENT. EXT.P17. COPY OF VERIFICATION REPORT DATED 27.05.2010 EXT.P18. COPY OF NOC ISSUED BY THE 2ND RESPONDENT. EXT.P19. COPY OF VERIFICATION REPORT DATED 24.05.2010 EXT.P20. COPY OF VERIFICATION REPORT DATED 25.05.2010. EXT.P21. COPY OF NOC DATED 25.08.2006 ISSUED BY THE 2ND RESPNDENT. WP(C).No. 19262 of 2011(G) --------------------------------------- EXT.P22. COPY OF RECEIPT OF LICENCE FEE (LF) FOR 2011-12 AND PROPERTY TAX (PT) FOR 2010-11 DATED 18.02.2011 ISSUED BY THE PANCHAYAT. EXT.P23. COPY OF NOC NO.C1-3940/93 DATED 20.07.1993. EXT.P24. COPY OF FACTORY LICENCED DATED 14.09.1995 EXT.P25. COPY OF PACHAYAT LICENCE DATED 06.03.1995. EXT.P25(A). COPY OF LICENCE FOR 2009-10 DATED 28.04.2009. EXT.P26. COPY OF APPLICATION SUBMITTED FOR NOC WAS VERIFIED AND THE REPRT DATED 27.05.2010. EXT.P27. COPY OF SSI REGISTRATION DATED 22.12.1981. EXT.P28. COPY OF N.O.C. DATED 12.09.2006. EXT.P29. COPY OF FACTORY LICENCE DATED 1712.2008 WHICH WAS REGISTERED ON 09.03.1989 AND RENEWED UPT 31.12.2009. EXT.P30. COPY OF APPLICATION FOR NOC IS REGISTERED AS SLC NO.237/09 AND THE VERIFICATION REPRT WAS SUBMITTED ON 27.05.2010. EXT.P31. COPY OF NOC DATED 01.08.1995 ISSUED BY 2ND RESPONDENT. EXT.P32. COPY OF PANCHAYAT LICENCE DATED 19.05.1998. EXT.P33. COPYOF NOC DATED 28.03.2005 EXT.P.34. COPY OF CERTIFICATE DATED 06.05.2011 FROM PANCHAYAT EXT.P35. COPY OF RENEWED FACTORY LICENCE DATED 30.12.2010. EXT.36. COPY OF VERIFICATION REPORT DATED 04.05.2011. EXT.P37. COPY OF SSI REGISTRATION CERTIFICATE DATED 25.03.1995. EXT.P38. COPY OF PANCHAYAT LICENCE NO.5/97-98 DATED NIL FOR 1997-98. EXT.P38(A). COPY OF RECEIPT DATED 17.01.2007 FOR RENEWAL OF THE LICENCE. EXT.P39. COPY OF FOREST NOC NO.0.8956/094/K.DIS. DATED 15.09.2006 ISSUED BY THE 2ND RESPONDENT. EXT.P40. COPY VERIFICATION REPORT DATED 26.05.2010. RESPONDENT'S EXHIBITS : NIL --------------------------------------- / TRUE CPY / P.A. TO JUDGE VK ANTONY DOMINIC, J --------------------------------------- W.P(C) No.19262 of 2011 ---------------------------------------- Dated this the 28th day of July, 2011. J U D G M E N T Petitioners are the owners of wood based industries. They have approached this Court in view of the steps taken by the respondents to close down their respective units, on the basis that the units have not obtained No Objection Certificate issued by the 1st respondent. 2. According to the petitioners, they made applications for No Objection Certificate and that after verification, their applications are pending consideration of the 1st respondent. It is also their case that, the units were established long prior to 30.10.2002 and therefore they are entitled to be issued No Objection Certificate. It is in these circumstances the petitioners are filed this writ petition contending that functioning of the units shall not be interfered with. 3. Prima facie, except the 10th petitioner, the materials produced by other petitioners show the legitimate W.P(C) No.19262 of 2011 2 functioning of the units long prior to 30.10.2002. I shall now make reference of the documents produced by the individual petitioners. 4. As far as the 1st petitioner is concerned, Ext.P1 is the factory licence obtained by him, which was issued in 1988, and is seen renewed up to December 2010. Ext.P2 is the Panchayat licence obtained in 1991, and which also was renewed periodically and Ext.P2(a) shows payment of the renewal fee for the year 2011-2012. Ext.P3 is the No Objection Certificate issued by the Divisional Forest Officer in 1992. The 1st petitioner applied for No Objection Certificate and Ext.P4 is the verification report, which also confirms the existence of the unit prior to 30.10.2002. It is when the application for No Objection Certificate is pending before the 1st respondent that he was issued Ext.P5 notice. 5. In so far as the 2nd petitioner is concerned Ext.P6 shows that he has paid licence fee to the Panchayat for the year 2010-2011 and 2011-2012. Ext.P7 is the No Objection Certificate issued by the Divisional Forest Officer on W.P(C) No.19262 of 2011 3 13.7.2004, which states that the saw mill is functioning since 1979. The 2nd petitioner applied for No Objection Certificate and the verification report is Ext.P8. This also confirms existence of the unit prior to 30.10.2002 6. In so far as the 3rd petitioner is concerned, Ext.P9 is the No Objection Certificate issued by the Divisional Forest Officer on 29.11.2006 stating that the mill was functioning since 2000. Ext.P10 is the certificate issued by the Panchayat which states that the mill was functioning on the basis of licence issued, since 2002-2003. Ext.P10(a) evidences payment of licence fee for the year 2011-2012. Ext.P11 is the receipt issued by the 1st respondent acknowledging the petitioners application for No Objection Certificate and Ext.P11(a) is the verification report, which confirms the existence of the mill before 30.10.2002. 7. In so far as the 4th petitioner is concerned Ext.P13 is the No Objection Certificate issued by the Divisional Forest Officer on 29.11.2006, which also states that the saw mill is functioning since 1994. Ext.P14 is the verification W.P(C) No.19262 of 2011 4 report on the application made by the 4th petitioner for No Objection Certificate, which also states that the mill is in existence, prior to 30.10.2002. This also makes reference to the other licence, which were obtained by the 4th petitioner, during 1994-95. Ext.P12 shows payment of licence fee to the Panchayat for the year 2010-2011. 8. In so far as the 5th petitioner is concerned, Ext.P15 is the receipt issued by the Panchayat for the licence fee paid by the petitioner for the year 1999-2000. Ext.P16 is the No Objection Certificate issued by the Divisional Forest Officer on 12.9.2006, which states that the saw mill is functioning since 1965. The 5th petitioner applied for no objection certificate and Ext.P17 is the verification report. This report refers to the other licence obtained by the 5th petitioner and that the saw mill is in existence prior to 30.10.2002. 9. In so far as the 6th petitioner is concerned Ext.P18 is the No Objection Certificate issued by the Divisional Forest Officer on 12.9.2006 stating that the mill has been W.P(C) No.19262 of 2011 5 functioning since 1981. The 6th petitioner applied for No Objection Certificate and Ext.P19 is the verification report. In this report apart from stating about other licences obtained by the petitioner even in 1981, the existence of the mill prior to 30.10.2002 is also admitted. 10. Ext.P20 is the verification report on the application made by the 7th petitioner for No Objection Certificate. Column 13 of the report stats that the mill was started in 1978 and that No Objection Certificate was issued in 2004. The other licences obtained by the 7th petitioner are also mentioned. The existence of the mill prior to 30.10.2002 is also admitted. Ext.P21 is the No Objection Certificate obtained by him on 25.8.2006 and in this document it is stated that the mill was functioning since 1972. Ext.P22 is the receipt of payment of licence fee to the Panchayat for the year 2010-2011 and 2011-2012. 11. As far as the 8th petitioner is concerned, Ext.P23 is the No Objection Certificate issued on 20.7.1993, Ext.P24 is the licence issued by the Factories and Boilers Department W.P(C) No.19262 of 2011 6 in 1995, Ext.P25 is the Panchayat licence issued on 6.3.1995 and Ext.P25(a) is the licence issued by the Panchayat on 28.4.2009. The 8th petitioner also applied for No Objection Certificate and Ext.P26 is the verification report, which also confirms the existence of the mill before 30.10.2002. 12. In so far as the 9th petitioner is concerned, Ext.P27 is the SSI registration issued in the year 1981. Ext.P28 is the No Objection Certificate issued by the Divisional Forest Officer on 12.9.2006. No objection Certificate also states that the mill is functioning since 1975. Ext.P29 is the factories licence obtained by him on 9.3.1989 which is seen renewed till 31.12.2009. He also applied for No Objection Certificate and Ext.P30 is the verification report. In Ext.P30 it is stated that the old name of the saw mill was Siva Sakthi Saw Mill and the present name is Velakanni Matha’s Saw Mill. 13. In so far as the 11th petitioner is concerned, Ext.P33 is the No Objection Certificate obtained by him on W.P(C) No.19262 of 2011 7 28.3.2005 which states that the saw mill was in existence from 1988. Ext.P34 certificate issued by the Panchayat also certifies the existence of the unit. Ext.P35 is the factory licence issued on 14.11.1998, which was renewed till 31st December 2011. This petitioner also applied for No Objection Certificate and Ext.P36 is the verification report, which confirms the existence of the unit prior to 30.10.2002. 14. As far as the 12th petitioner is concerned, Ext.P37 is the certificate of registration as a small scale industrial unit. Ext.P38 is the licence issued by the Panchayat for 1997-98. Ext.P38 shows that licence fee has been paid for the subsequent periods. Ext.P39 is the No Objection Certificate issued by the Divisional Forest Officer on 15.9.2006, which states that the furniture unit is functioning since 1993. The petitioner also applied for No Objection Certificate and Ext.P40 verification report shows the existence of the unit prior to 30.10.2002. 15. Thus all the aforesaid petitioners except the 10th W.P(C) No.19262 of 2011 8 petitioner has produced prima facie materials indicating the existence of their units long prior to 30.10.2002. The applications made by them for issuance of No Objection Certificate are also pending consideration of the 1st respondent. It is at that stage closure notice similar to Ext.P5 was issued. 16. Thus in view of the above, I feel at this stage it was necessary to have taken steps for closing down the respective units of the petitioners except the 10th petitioner, on the ground that they have not obtained No Objection Certificate. In that view, I direct that the 1st respondent before whom the applications for No Objection Certificate made by the petitioners, except the 10th petitioner, are pending, shall consider the applications and pass orders thereon and communicate the same to the respective petitioners. It is directed that until it is so done status quo as of now shall be allowed to continue. However, the activities in the units of the petitioners shall be confined to what is permissible in terms of the licence obtained from W.P(C) No.19262 of 2011 9 the concerned local authority. 17. In so far as the 10th petitioner is concerned, apart from Exts.P31 and P32 he has not produced any documents evidencing pendency of his application for No Objection Certificate. In such circumstances, the aforesaid relief cannot be granted to the 10th petitioner. The writ petition will stand disposed of with the above directions. But however, in so far as the 10th petitioner is concerned, the case will stand dismissed. Sd/- ANTONY DOMINIC ab JUDGE //True Copy// P.A to Judge W.P(C) No.19262 of 2011 10