IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 18827 of 2011(C) -------------------------- PETITIONER(S): ------------------------- 1. PARIJAN M.S., S/O.MAIDEEN SAITHUKUNJU, PROPRIETOR, FAAZ VENEERS & PLYWOODS, KOOVALLOOR P.O., PALLARIMANGALAM, ERNAKULAM-686671. 2. K.M.ABDU, S/O.K.P.MUHAMMED, PROPRIETOR, OSCAR PLY & BOARDS, VARAPETTY P.O., KOTHAMANGALAM, ERNAKULAM, PIN-686691. 3. K.E.PAREETH, M/s UTHINATTU PLYWOOD, KAINICHAL, PUTHANPURA (H), VELLUVAZHI, KOTHAMANGALA P.O., ERNAKULAM, PIN-686691. 4. P.K.ALIYAR, PATTAMAKUDIYIL INDUSTRIES, KIZHAKKEKKARA MUVATTUPUZHA P.O., ERNAKULAM-686661. BY ADV. SRI.THAMPAN THOMAS SRI.B.V.JOY SANKER RESPONDENT(S): ---------------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014. 2. CHIEF CONSERVATOR OF FORESTS (SPECIAL AFFORESTATION) & NODAL OFFICER, CONVENOR, STATE LEVEL COMMITTEE, KERALA, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014. 3. CENTRAL EMPOWERED COMMITTEE, REPRESENTED BY THE MEMBER SECRETARY, GATE NO.31, JAWAHARLAL NEHRU STADIUM LOADI ROAD, NEW DELHI- 110 003. 4. FOREST RANGE OFFICER, FOREST RANGE OFFICE, MULLARINGAD, ERNAKULAM-686668. ADV. SRI.GEORGE JOSEPH, CGC FOR R3 GOVT.PLEADER SRI.P.M.POULOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.18827/11 APPENDIX PETITIONERS' EXHIBITS EXT.P1: TRUE COPY OF THE POLLUTION CERTIFICATE ISSUED TO THE 1ST PETITIONER. EXT.P2: TRUE COPY OF THE CERTIFICATE ISSUED BY THE INDUSTRIES DEPARTMENT TO THE 1ST PETITIONER DT 8.10.09. EXT.P3: TRUE COPY OF THE VERIFICATION REPORT ISSUED TO THE 1ST PETITIONER NO.WBI/SLC NO.1779 FC (3) 4603/09. EXT.P4: TRUE COPY OF THE POLLUTION CERTIFICATE ISSUED TO THE 2ND PETITIONER. EXT.P5: TRUE COPY OF THE POLLUTION CERTIFICATE ISSUED to the 3RD PETITIONER. EXT.P6: TRUE COPY OF CERITIFICATE ISSUED by the INDUSTRIES DEPARTMENT TO THE 2ND PETITIONER DT 20.1.2010. EXT.P7: TRUE COPY OF THE CERITIFICATE ISSUED BY THE INDUSTRIES DEPARTMENT TO THE 3RD PETITIONER DT 20.10.09. EXT.P8: TRUE COPY OF THE VERIFICATION REPORTS ISSUED TO THE 3RD PETITIONER NO.WBI/SLC NO.2901 FC (3) 1913/2010. EXT.P9: TRUE COPY OF THE LETTER NO.FC-3-4853/2009 DT 5.11 ISSUED TO THE 3RD PETITIONER. EXT.P10: TRUE COPY OF THE D&O LICENCE ISSUED TO 4TH PETITIONER DT 24.7.2010 BY THE MUVATTUPUZHA MUNICIPALITY. EXT.P11: TRUE COPY OF THE CONSENT TO OPERATE FROM THE POLLUTION CONTROL BOARD OF THE 4TH PETITIONER. EXT.P12: TRUE COPY OF THE VERIFICATION REPORT ISSUED TO THE 4TH PETITIONER BY THE FOREST DEPARTMENT FOR NOC DT 11.5.11. EXT.P13: TRUE COPY OF LETTER ISSUED TO THE 1ST PETITIONER BY THE 4TH RESPONDENT DT 5.7.11. EXT.P14: TRUE COPY OF THE LETTER DT 1.7.11 BY THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 18827 OF 2011 ===================== Dated this the 21st day of July, 2011 J U D G M E N T Petitioners are conducting plywood factories at Perumbavoor, which are stated to be small scale industries. This writ petition was necessitated on account of Ext.P14 order issued by the 2nd respondent directing closure of illegal saw mills, on the basis of which petitioners apprehended that their plywood factories will also be asked to closed down. It is also the case of the petitioners that applications made by them for obtaining NOCS are pending before the 2nd respondent, and therefore, such extreme step at this stage was unnecessary. 2. Irrespective of the controversies raised in this writ petition, learned counsel for petitioners has made available before me order dated 15/7/2011 passed by a Division Bench of this Court in WP(C) No.9155/07 and connected cases, the relevant portion of which reads as under:- “It is a well known fact that Kerala is the largest natural rubber producer in the country and in every cycle of 20-25 years plantation is felled and replantation is done systematically. Rubber wood of late is very valuable because it is the major raw material for making packing cases, veneers and it is even used for making WPC No. 18827/11 :2 : plywoods. No one can have any doubt that the Supreme Court ever intended in their interim orders to prohibit plywood factories run to process rubber wood and so much so, we are of the view that the interim order issued by the Supreme Court has no application so far as plywood factories run exclusively to process rubber wood are concerned. The Additional Advocate General appearing for the State also submitted that it is not the intention of the Government to close down all these industries which would in turn affect the plantation sector and the farmers selling rubber wood for replantation and the Government and the State Level Empowered Committee will consider issuance of NOC to all whose applications are pending”. 3. From the above, it can therefore be seen that the Division Bench has held that the requirement of NOC is inapplicable to rubber based plywood industries, and in any case, on behalf of the State Government also, it was agreed that NOCs will be issued to such units. In that view of the matter, this writ petition is disposed of directing that orders will be passed on the applications made by the petitioners for NOC and that in the meanwhile, status quo as of now will be permitted to continue. ANTONY DOMINIC, JUDGE Rp