IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 19483 of 2011(I) -------------------------- PETITIONER(S): --------------- JOHN THOMAS, S/O. T.J.THOMAS, THEKKEKARAYIL HOUSE, VELIMALA, EDAMON P.O., KOLLAM DISTRICT. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST AND WILD LIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 014. 2. THE CHIEF FOREST CONSERVATOR (SPECIAL AFFORESTATION) AND NODAL OFFICER, CONVENER, STATE LEVEL COMMITTEE, FOREST HEAD QUARTERS, VAZHUTHACADU, THIRUVANANTHAPURAM-695 014. 3. THE DIVISIONAL FOREST OFFICER, THENMALA, KOLLAM DISTRICT, PIN-691 308. 4. THE THENMALA GRAMA PANCHAYATH, THENMALA P.O., KOLLAM DISTRICT, PIN-691 308, REPRESENTED BY ITS SECRETARY. 5. THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN-695 001. 6. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, PUNALUR-691 418. BY GOVT. PLEADER SRI.BENNY VARGHESE ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R5 & 6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19483 of 2011(I) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE ORDER DTD.3.5.1985 EXT.P2: COPY OF THE LICENCE NO.1/85 DTD.15.5.1985 EXT.P3: COPY OF THE LICENCE NO.T5-95/10-11 DTD.20.7.2010 EXT.P4: COPY OF THE RECEIPT DTD.4 DTD.6.7.2011 EXT.P5: COPY OF THE ELECTRICITY BILL DTD.11.7.2011 EXT.P6: COPY OF THE REPORT SUBMITTED BY THE CHAIRMAN OF THE STATE LEVEL EXPERT COMMITTEE EXT.P7: COPY OF THE RECEIPT DTD.14.7.2011 EXT.P8: COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT. EXT.P9: COPY OF THE COMMUNICATION NO.C4-1564/96 DTD.6.7.2011 EXT.P10: COPY OF THE NOTICE NO.T5-2/2010 DTD.8.7.2011 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE ANTONY DOMINIC, J --------------------------------------- W.P(C) No.19483 of 2011 ---------------------------------------- Dated this the 27th day of July, 2011. J U D G M E N T The petitioner is conducting a saw mill at Vellimala in Kollam District. Ext.P1 order shows that power was availed during 1985-86. Ext.P2 license of the Panchayath shows that it was issued in 1985-86 and it was renewed subsequent period till 2010. Other documents produced by the petitioner shows that the mill was in existence since long and with and with licences. 2. The petitioner made application for no objection certificate which has been acknowledged by the 2nd respondent as per Ext.P7. While so, the Panchayat issued Ext.P10 indicating that they have initiated steps to close down the unit for the reason that the unit does not possess No objection certificate. It is thereupon the writ petition is filed. 3. Ext.P7 receipt evidences that receipt of the application made by the petitioner for no objection W.P(C) No.19483 of 2011 2 certificate which is pending before the State Level Committee, the 2nd respondent. Other materials available, prima facie indicates that unit is existing prior to 30.10.2002. In view of all these, the proposal for closure of the saw mill is unwarranted. 4. Therefore, I direct the 2nd respondent to pass orders on the application made by the petitioner for no objection certificate and communicate their decision to the petitioner. It is directed that until the orders are passed as above, status quo as on date will be allowed to continue. However the activities in the saw mill shall be confined to those permitted in terms of the licence issued by the Panchayat. The Writ Petition is disposed of. ANTONY DOMINIC ab JUDGE