IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WP(C).No. 1909 of 2004(B) ------------------------------------- PETITIONERS: --------------------- 1. PUSHPARANJINI M.K., CHIKKU'S WOOD CRAFT MATTATHUR KUNNU, KODAKARA, THRISSUR DISTRICT. 2. T.L.VARGHESE, ALPHONSA SAW MILL, AZHAKAM, KODAKARA, THRISSUR DISTRICT. 3. M.K.MOHAMMEDKUTTY, SANGAM TRADERS & SAW MILL, MANAKULANGARAPARAMBIL, VELLIKULAM ROAD, KODAKARA, THRISSUR DISTRICT. 4. C.P.GOPI, CHUNGAL SAW MILL, CHUNGAL, MATTATHUR P.O., THRISSUR DISTRICT. BY ADV. SRI.M.C.JOHN, ADV. SRI.C.PRABIN BENNY. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, FOREST & WILDLIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIVISIONAL FOREST OFFICER, CHALAKUDY, THRISSUR DISTRICT. 3. THE FOREST RANGE OFFICER, VELLIKULANGARA, PADY P.O. BY SR. GOVERNMENT PLEADER SRI. BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1909/2004-B: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE LICENCE NO. 236/1994 DTD. 19/08/1994. EXT.P.2: COPY OF THE PROCEEDINGS OF THE KHADI & VILLAGE INDUSTRIES BOARD DTD. 04/02/1993. EXT.P.3: COPY OF THE LETTER NO. 237/91/B & C/B2, DTD. 14/02/2001 ISSUED BY THE PROJECT OFFICER, DISTRICT KHADI AND VILLAGE INDUSTRIES, THRISSUR. EXT.P.4: COPY OF THE CERTIFICATE NO. 237/91/B & C/B2 DTD. 27/05/2003 ISSUED BY THE PROJECT OFFICER. EXT.P.5: COPY OF THE NOTICE NO. V2-339/2003 DTD. 30/12/2003. EXT.P.6: COPY OF THE ASSESSMENT REGISTER PERTAINING TO THE SAW MILL. EXT.P.7: COPY OF THE RECEIPT NO. 23 DTD. 31/03/1999 FOR RENEWAL OF THE LICENCE. EXT.P.8: COPY OF THE FACTORY LICENCE ISSUED BY THE JOINT DIRECTOR, FACTORIES & BOILERS ERNAKULAM NO BEING 15618 DTD. 10-06-1984. EXT.P.9: COPY OF THE PANCHAYAT ASSESSMENT REGISTER IN RESPECT OF THE SAW MILL OF THE P.3. FOR THE PERIOD 1983-84 TO 1987-88. EXT.P.10: COPY OF THE NOTICE NO. CA3-2803/1998 DTD. 12/12/2003 ISSUED BY THE R.2. EXT.P.11: COPY OF THE CERTIFICATE NO. 52/1976-77 DTD. 31/03/1977 ISSUED TO THE P.4. BY THE R.3. EXT.P.12: COPY OF THE REGISTRATION CERTIFICATE NO. 52/1978-79 DTD. 01/08/1978 ISSUED BY THE R.2. EXT.P.13: COPY OF THE LICENCE ISSUED BY THE MATTATHUR GRAMA PANCHAYATH DTD. 24/11/1997. EXT.P.14: COPY OF THE NOTICE NO. CA3-2803 1998 DTD. 12/12/2003 ISSUED BY THE RESPONDENTS. RESPONDENT'S EXHIBIT: EXT.R3.A: COPY OF THE RELEVANT ORDER OF THE HONOURABLE SUPREME COURT DTD. 19/12/03. //TRUE COPY// prv. K.BALAKRISHNAN NAIR, J. -------------------------------------------------------------------------------- Writ Petition (C) No.1909 of 2004-B -------------------------------------------------------------------------------- Judgment The petitioners are running wood-based industries within five kilometres of reserve forest within the jurisdiction of the 2nd respondent. Petitioners 1,3 and 4 were served with Exts.P5, P10 and P14 notices by the Divisional Forest Officer, calling upon them to close down their units as they were functioning within five kilometres of the reserve forest. Reliance was placed in those notices on various orders of the Apex Court. The petitioners submit, the orders issued by the Honourable Supreme Court will not affect the functioning of the existing units. The restrictions are imposed only for the establishment of new wood based industrial units. Therefore, the grounds stated in Exts.P5, P10 and P14 are unsustainable. So, they pray for quashing those notices. 2. The respondents have filed a counter affidavit supporting the impugned notices. But, now the point raised by the petitioners is covered in their favour by the judgment of this court in OP No.25531/98 and connected cases dated 25.1.2005. Accordingly, Exts.P5, P10 and P14 are quashed. The applications of the petitioners for NOC so that they can get renewal of their WPC 1909/04 2 licences from the local grama panchayat shall be considered by the 2nd respondent in accordance with law within one month from the date of receipt of a copy of this judgment. The petitioners shall submit along with the copy of this judgment, the necessary applications and other documents for the consideration of their claim for NOC before the 2nd respondent. This judgment will not affect the liability of the petitioners, if any to comply with the conditions contained in other relevant Government orders or the orders of this court and the Apex Court. The Writ Petition is disposed of as above. 23.05.2008 K.BALAKRISHNAN NAIR,JUDGE sta WPC 1909/04 3