IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 32259 of 2006(M) -------------------------- PETITIONER(S): --------------- 1. P. MANOJ, S/O. KUNHIRAMAN, AGED 26 YEARS, PONNARATH HOUSE, PARAKKADAVU, ANCHAMPEEDIKA P.O., KANNUR. 2. KERALA FURNITURE CONSORTIUM PRIVATE LTD. ERNAKULAM, REPRESENTED BY ITS MANAGING DIRECTOR, K.P.K. TOWERS, BROADWAY, LINK ROAD POST OFFICE, KOCHI. 3. ALL KERALA FURNITURE MANUFACTURE AND DISTRIBUTORS ASSOCIATION, REPRESENTED BY ITS SECRETARY, K.P.K. TOWERS, BROADWAY, LINK ROAD POST OFFICE, KOCHI. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF INDUSTRIES, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FORESTS, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KANNUR. 4. CENTRAL EMPOWERED COMMITTEE CONSTITUTED BY THE SUPREME COURT OF INDIA, ROOM NO.106, PARYAVARAN BHAWAN, C.G.O.COMPLEX, LODHI ROAD, NEW DELHI-110 003, REPRESENTED BY ITS MEMBER SECRETARY. 5. THE DIVISIONAL FOREST OFFICER, KANNUR. GOVERNMENT PLEADER SRI. P.M. POULOSE FOR R1TO 3&5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE CERTIFICATE ISSUED OF APPROVL ISSUED BY THE DIRECTOR OF INDUSTRIES AND COMMERCE, TRIVANDRUM DTED 3.8.2006 EXT.P1(a) TRUE COPY OF THE CERTIFICATE OF INCORPORATION OF THE 2ND PETITIONER. EXT.P1(b) TRUE COPY OF THE MEMORANDUM OF ASSOCIATION OF THE 2ND PETITIONER. EXT.P2 TRUE COPY OF THE COVERING LETTER SUBMITTED ALONG WITH THE APPLICATION FOR SSI REGISTRATION DATED 13.11.2006 EXT.P3 TRUE COPY OF THE COMMUNICATION ISSUED BY THE THIRD RESPONDENT DIRECTING TO OBTAIN SANCTION FROM THE FOREST DEPARTMENT. EXT.P4 TRUE COPY OF THE REQUEST DATED 13.11.2006 EXT.P5 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 5TH RESPONDENT DATED 10.11.2006 EXT.P6 TRUE COPY OF THE RELEVANT EXTRACT FROM THE GAZETTE OF INDIA WHICH WOULD SHOW THAT RUBBER WOOD IS A NON-CONVENTIONAL TIMBER. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 32259 OF 2006 -------------------------------------------- Dated this the 2nd day of June, 2009 JUDGMENT W.P.C. is filed for direction to the fifth respondent to grant NOC to petitioners 1 and 2 to start a furniture shop for manufacturing furniture from rubber wood. It is not known whether NOC is required for saw mill or whether it is required even for a furniture shop. In any case, 5th respondent cannot raise any objection for petitioners to commence the business in the manufacture of furniture with rubber wood. Rubber wood as such is not fit for furniture and it can be made use of for making furniture only after it is chemically treated and converted into durable timber. If the petitioners' claim is genuine, petitioners have to necessarily start factory for treatment of rubber wood or petitioners have to purchase treated timber from factories converting rubber wood into durable timber. In order to start a workshop all what is required is tools and not saw mill particularly because rubber treated is obtained in small sizes. 2 W.P.C. is accordingly disposed of directing the petitioner to furnish details of project along with source and place and the particulars of factory wherefrom they propose to procure treated rubber wood for the fifth respondent to consider the same and if found genuine to grant NOC without any delay. (C.N. RAMACHANDRAN NAIR) Judge kk 3