IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WP(C).No. 35382 of 2009(P) -------------------------------- PETITIONER: -------------- B.M. ABOOBACKER, PROPRIETOR, MALABAR AGARBATHI CHEMICAL PRODUCTS, POYOOR, MAYYIL.P.O, KANNUR DISTRICT. BY MR.BABU JOSEPH KURUVATHAZHA, ADVOCATE. MR.N.SHAMSUL HUDA, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPT. OF FORESTS AND WILD LIFE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE STATE EMPOWERED COMMITTEE ON WOOD BASED INDUSTRIES, FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, REP. BY ITS CHAIRMAN. 3. THE DIVISIONAL FOREST OFFICER, KANNUR. BY MR.P. NARAYANAN, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.35382 OF 2009 --------------------------------------- Dated this the 19th day of January, 2010. J U D G M E N T The petitioner is the Proprietor of Malabar Agarbathi Chemical Products. The same is a wood based industry which requires licence from various statutory authorities as well as No Objection Certificate issued by the 2nd respondent. 2. The petitioner had earlier approached the 3rd respondent Divisional Forest Officer seeking for grant of NOC. The 3rd respondent directed the petitioner to approach the 2nd respondent in the matter. The petitioner submitted an application as per Exhibit P7 before the 2nd respondent on 10.04.2009. Since the petitioner wants to start the industry without any delay, he seeks for a direction to the 2nd respondent to take a decision on the application within a time frame. 3. Learned Government Pleader on instructions submitted that the application will be considered only in terms of the priority and due enquiries will have to be made in the matter W.P.(C) No.35382/2009 2 before the NOC is granted. Therefore, there will be a direction to the 2nd respondent to consider and pass orders on Exhibit P7 in terms of the priority of applications and in accordance with law, at any rate, within a period of five months from the date of production of a copy of this judgment. The petitioner will produce a copy of this judgment along with copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp