IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 WP(C).No. 19004 of 2011(A) -------------------------- PETITIONER(S): --------------- MRS.SHEEJA S., W/O.MEHABOOB KHAN, KANAKACHIRATHEKKATHIL, PATHANAPURAM, PATHANAPURAM P.O., KOLLAM DISTRICT. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARMENT OF FOREST AND WILD LIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF FOREST CONSERVATOR, (SPECIAL AFFORESTATION) AND NODAL OFFICER, CONVENOR, STATE LEVEL COMMITTEE, FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 14 3. THE DIVISIONAL FOREST OFFICER, KONNY, PATHANAMTHITTA DISTRICT – 689 645. BY GOVT. PLEADER SMT.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19004 of 2011(A) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE SECRETARY, ENADIMANGALAM GRAMA PANCHAYATH EXT.P2: COPY OF THE NO OBJECTION CERTIFICATE DTD.1.8.1996 EXT.P3: COPY OF THE REPORT DTD.13.8.1996 EXT.P4(A) & P4(B) : COPY OF THE LICENSES ISSUED BY THE SECRETARY, ENADIMANGALAM GRAMA PANCHAYATH EXT.P5: COPY OF THE PROPERTY MARK CERTIFICATE DTD.29.5.1998 EXT.P6: COPY OF THE RELEVANT PORTION OF THE TERMS OF REFERENCE WITH REPORT DTD.NIL EXT.P7: COPY OF THE JUDGMENT IN O.P.NO.25337/1998 EXT.P8: COPY OF THE APPLICATION FOR NO OBJECTION CERTIFICATE EXT.P9: COPY OF THE VERIFICATION REPORT DTD.28.4.2011 EXT.P10: COPY OF THE NOTICE DTD.5.7.2011 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE ab ANTONY DOMINIC, J --------------------------------------- W.P(C) No.19004 of 2011 ---------------------------------------- Dated this the 13th day of July, 2011. J U D G M E N T The petitioner challenges Ext.P10 notice, requiring her to close down the saw mill. This notice has been issued on the allegation that the saw mill is functioning without No Objection Certificate issued by the 2nd respondent. 2. However, on the materials produced, I am prima facie satisfied that the unit was in existence even prior to 31.10.2002. The documents produced by the petitioner are Ext.P1 No Objection Certificate issued by the Panchayat dtd.16.12.1996, Ext.P2 No Objection Certificate issued by the Divisional Forest Officer dtd.1.8.1996 and Ext.P4 panchayat lincece for the year 1996-97, which is also renewed from time to time. 3. That apart Ext.P8 application has been made by the petitioner for obtaining No Objection Certificate and Ext.P9 is the verification report submitted by the respondents on Ext.P8 application. In such circumstances, W.P(C) No.19004 of 2011 2 it is also evident that the application made by the petitioner for No Objection Certificate is pending consideration before the 2nd respondent. In such circumstances it was arbitrary to have issued Ext.P10 notice of closure. 4. Accordingly, the writ petition is disposed of with the following directions: i) The 2nd respondent shall take a decision on Ext.P8 application made by the petitioner for issuing No Objection Certificate. This shall be done as expeditiously as possible. ii) It is directed that in the meanwhile further proceedings pursuant to Ext.P10 notice shall be kept in abeyance, subject to the condition that the petitioner shall confine her activities with the scope of the licence. ANTONY DOMINIC ab JUDGE