IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 36755 of 2003(A) -------------------------- PETITIONER(S): --------------- DAISY THOMAS, THUNDUPARAMBIL HOUSE, EDAVAKA AMSOM, P.O.ELUMANNAM, MANANTHAVADY. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF FOREST AND WILD LIFE, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KALPETTA. 3. CHIEF CONSERVATOR OF FOREST, MATHOTTAM P.O., KOZHIKODE. 4. THE DIVISIONAL FOREST OFFICER, OFFICE OF THE DIVISIONAL FOREST OFFICER, NORTH WAYANAD DIVISION, MANANTHAVADY. 5. THE SECRETARY, EDAVAKA GRAMPANCHAYATH, MANANTHAVADY, WAYANAD. 6. KOCHETTAN @ JOSEPH, PAZHAYIDATH SAW MILL, PAZHAYIDATH HOUSE, ELLUMANNAM P.O., EDAVAKA, MANANTHAVADY, WAYANAD. 7. THOMAS M.V. S/O. MATHAI, MATHA FURNITURE, VAZHAYIL HOUSE, DOWN BAZAR, MANANTHAVADY, WAYANAD. ADV. SRI.ABRAHAM MATHEW (VETTOOR) FOR R6 SRI.S.MUHAMMED HANEEFF FOR R5 R1 TO R4 BY GOVERNMENT PLEADER (FOREST) SRI. P.M. POULOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 7.6.1990 EXT.P2 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE REVENUE AUTHORITIES DATED 7.6.90 EXT.P3 ORIGINAL COPY OF THE AREA MAP ISSUED TO THE PETITIONER. EXT.P4 TRUE COPY OF THE COMMUNICATION LETTER ISSUED BY THE FIRST RESPONDENT DATED 1.9.90 EXT.P5 ORIGINAL COPY OF THE PHOTOGRAPHS OF THE 2 SAW MILLS EXT.P6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 16.12.2002 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 36755 OF 2003 -------------------------------------------- Dated this the 11th day of June, 2009 JUDGMENT Petitioner started applying for NOC from the Forest Department for starting a saw mill near the forest area. First application was filed on 7.6.1990 which according to Government Pleader was rejected then and there. Thereafter petitioner appears to have taken up the matter again for NOC on 11.11.2003 which is not yet disposed of by the forest department. According to the petitioner forest department gave NOC to respondents 6 and 7 to start saw mills in the very same area, where petitioner also proposed to start the saw mill. The contention of the Special Government is that saw mills of respondents 6 and 7 for whom NOC was granted are 5 to 8 KMs. away from forest. I do not think there is any need for this Court to consider petitioner's entitlement for commencing saw mill because of the later decision of the Supreme Court in 2003 pertaining to norms for granting NOC for commencing saw mill. W.P. is therefore disposed of directing the petitioner to make application along with a copy of this judgment under the present 2 norms before the Central Empowered Committee which is directed to take decision in accordance with present norms without delay. (C.N. RAMACHANDRAN NAIR) Judge kk 3