IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 WP(C).No. 32233 of 2009(Y) -------------------------- PETITIONER(S): --------------- P.P.IBRAHIM, AGED 65, S/O.AHAMMED PAKKO, THENOOR HOUSE, MEDICKAL MARAMPILLY VILLAGE, PERUMBAVOOR, KUNNATHUNADU TALUK. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF FOREST, THIRUVANANTHAPURAM. 2. CHIEF CONSERVATOR OF FORESTS, (SPECIAL AFFORESTATION) AND NODAL OFFICE, FOREST HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM. 3. DIVISIONAL FOREST OFFICER, MALAYATTOOR DIVISION, KODANAD, PIN-683 544. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).32233/2009 -------------------- Dated this the 24th day of November, 2009 JUDGMENT The petitioner is the proprietor of a small scale industrial unit engaged in the manufacture of plywood using rubber wood as the raw material. The petitioner had not however obtained a No Objection Certificate from the Forest Department. Thereupon Ext.P1 notice was issued to him informing him that on payment of the sum of Rs.4,00,000/-, a No Objection Certificate will be issued to him. The petitioner did not immediately comply with Ext.P1. Thereupon Ext.P2 notice was issued on 30.10.2009 directing him to stop running the unit till a valid NOC is issued by the Central Empowered Committee. The petitioner thereupon remitted the sum of Rs.4,00,000/- by way of demand draft dated 2.11.2009 that was forwarded along with letter dated 3.11.2006 to the Divisional Forest Officer. This writ petition was filed contending that though the sum of Rs.4,00,000/- has been paid on 2.11.2009, the stop memo has not been withdrawn. The learned Government Pleader appearing for the respondents submits on instructions that the No Objection W.P.(C).32233/09 2 Certificate is ready, that the petitioner can collect it from the second respondent on any day of his choice and that the petitioner can also start running his unit. In the light of the said submission, the petitioner cannot have any subsisting grievance. The writ petition is accordingly closed with the observation that it will be open to the petitioner to start running his unit after collecting the No Objection Certificate from the second respondent. P.N.RAVINDRAN, Judge mrcs