IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 23168 of 2011(U) -------------------------- PETITIONER(S): ------------------------ 1. FATHIMA SAW MILL, REP. BY PROPRIETOR A.YUSUF, MALAKADUKUNNU, KUNISSERRY, PALAKKAD. 2. BISMILLA SAW MILL, REP. BY PROPRIETOR P.Y.MOHAMMED KHANI, ANAKKAMPARAMBU, KUNISSERRY, PALAKKAD. 3. BROTHERS SAW MILL, REP. BY PROPRIETOR M.V.KRISHNAN, MANNURUTHIKKAD, KOTTAYI, PALAKKAD. 4. SREEKRISHNA SAW MILL, REP. BY PROPRIETOR M.C.KUNJUKUTTAN, KULAVANMUKKU, COYALMANNAM, PALAKKAD. 5. PRABHA SAW MILL, REP. BY PROPRIETOR T.PRABHAVATHY, W/O.LATE N.R.SUDEVAN, PAYYA ROAD, MUDAPPALLUR, PALAKKAD. 6. SAROJA SAW MILL, REP. BY PROPRIETOR ARAVINDAKSHAN.M., S/O.A.MONI, THALLUPARAMBU, PARUTHIPPULLY, PALAKKAD. 7. SAKTHI SAW MILL, REP. BY PROPRIETOR P.SUNDARAN, CHUNGAMANNAM, MATHUR, PALAKKAD. 8. GURUDEVA SAW MILL, REP. BY PROPRIETOR M.MOHANADASAN, NELLIYAMPARAMBIL HOUSE, MATHUR P.O., PALAKKAD. BY ADV. SRI.M.C.JOHN WPC NO.23168/11 -2- RESPONDENT(S): ------------------------ 1. THE CHIEF CONSERVATOR OF FORESTS (SPECIAL AFFORESTATION) & NODAL OFFICER FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014. 2. THE DIVISIONAL FOREST OFFICER, NEMMARA DIVISION, PALAKKAD - 678 506. 3. THE FOREST RANGE OFFICER, ALATHUR, PALAKKAD - 678 682. GOVT.PLEADER SRI.BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23168/11 APPENDIX PETITIONERS' EXHIBITS EXT.P1: TRUE COPY OF PANCHAYAT LICENCE DT 15.11.1999. EXT.P1(a): TRUE COPY OF THE LICENCE FEE RECEIPT DT 7.4.2007. EXT.P2: TRUE COPY OF THE FOREST NOC DATED 9.9.1998 ISSUED BY THE 2ND RESPONDENT. EXT.P2(a): TRUE COPY OF FOREST NOC DATED 12.2.2008 ISSUED BY THE 2ND RESPONDENT. EXT.P3: TRUE COPY OF VERIFICATION REPORT DATED 27.4.11. EXT.P4: TRUE COPY OF STOP MEMO DATED 7.7.11 ISSUED BY THE 3RD RESPONDENT. EXT.P5: TRUE COPY OF THE SSI REGISTRATION CERTIFICATE DT 30.6.1988. EXT.P6: TRUE COPY OF FOREST NOC DT 13.4.1988. EXT.P7: TRUE COPY OF PANCHAYAT LICENCE DT 31.7.1992. EXT.P7(a): TRUE COPY OF PANCHAYAT LICENCE DT 30.6.2001. EXT.P7(b): TRUE COPY OF PANCHAYAT LICENCE DT 26.8.2002. EXT.P8: TRUE COPY OF VERIFICATION REPORT DT 27.4.11. EXT.P9: TRUE COPY OF NOC DT 7.7.2004 ISSUED BY THE 2ND RESPONDENT. EXT.P9(a): TRUE COPY OF SSI REGISTRATION CERTIFICATE DATED 26.2.1982. EXT.P10: TRUE COPY OF THE FACTORY LICENCE DT 27.11.2010. EXT.P11: TRUE COPY OF VERIFICATION REPORT DT 28.4.2011. EXT.P12: TRUE COPY OF FOREST NOC DT 28.11.1998 ISSUED BY THE 2ND RESPONDENT. EXT.P13: TRUE COPY OF LICENCE FEE RECEIPT DT 6.4.1990 ISSUED BY THE PANCHAYAT. WPC NO.23168/11 -2- EXT.P13(a): TRUE COPY OF CERTIFICATE DATED 11.7.11 ISSUED BY THE SECRETARY, COYALMANNAM GRAMA PANCHAYAT. EXT.P14: TRUE COPY OF VERIFICATION REPORT DT 28.4.11. EXT.P15: TRUE COPY OF FACTORY LICENCE DATED 17.12.2008. EXT.P16: TRUE COPY OF PANCHAYAT LICENCE NO.218/1982 DATED 28.7.1982 OF MADAPPALLUR PANCHAYAT. EXT.P17: TRUE COPY OF SSI REGISTRATION DATED 6.9.1982. EXT.P18: TRUE COPY OF FOREST NOC DATED 22.1.1987. EXT.P19: TRUE COPY OF LETTER DATED 8.1.1999 OF THE ADDL.INSPECTOR OF FACTORIES. EXT.P20: TRUE COPY OF VERIFICATION REPORT DATED 29.5.2009. EXT.P21: TRUE COPY OF FACTORY LICENCE DATED 27.9.1997. EXT.P22: TRUE COPY OF PANCHAYAT LICENCE DT 27.2.1999. EXT.P23: TRUE COPY OF VERIFICATION REPORT DT 27.4.11. EXT.P24: TRUE COPY OF FACTORY LICENCE DT 30.12.2010. EXT.P25: TRUE COPY OF FOREST NOC DATED 9.7.04. EXT.P26: TRUE COPY OF LICENCE FEE RECEIPT DT 21.10.92. EXT.P26(a): TRUE COPY OF LICENCE FEE RECEIPT DT 28.2.2004 FOR 2002- 03. EXT.P27: TRUE COPY OF VERIFICATION REPORT DT 28.4.11. EXT.P28: TRUE COPY OF FOREST NOC DT 7.7.2004 ISSUED BY THE 2ND RESPONDENT. EXT.P29: TRUE COPY OF A PANCHAYAT LICENCE DT 22.7.1997. EXT.P29(a): TRUE COPY OF PANCHAYAT LICENCE FEE RECEIPTS FOR 2005- 06 AND 2006-07. EXT.P30: TRUE COPY OF FACTORY LICENCE DT 17.12.2008. EXT.P31: TRUE COPY OF VERIFICATION REPORT DATED 25.5.2009. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 23168 OF 2011 ===================== Dated this the 2nd day of September, 2011 J U D G M E N T This writ petition has been filed by the petitioners, who have all established saw mills. It is seen from the licences and other registrations obtained by the petitioners that the mills are in existence long prior to 30/10/2002. Petitioners have also made applications to the 1st respondent for no objection certificates and Exts.P3, P8, P11, P14, P20, P23, P27 and P31 are the verification reports. These verification reports also indicate that the mills were in existence prior to 30/10/2002. It is while so that Ext.P4 and other similar stop memos were issued by the forest authorities directing closure of the mills mainly on the ground that the petitioners have not obtained NOC from the 1st respondent. It is apprehending forceful closure of the units, the petitioners have approached this Court. 2. Learned Government Pleader has obtained instructions in the matter and he confirms the pendency of the applications for NOC. Thus, the applications made by the petitioners for obtaining no objection certificates are pending consideration of WPC No. 23168/11 :2 : the 1st respondent. Prima facie materials indicate that the units are in existence long prior to 30/10/2002. In such circumstances, I do not think, at this stage, closure of the units is warranted. Therefore, I direct that the 1st respondent will consider the applications made by the petitioners for NOC in the light of the verification reports referred to above and until orders are passed and communicated to the petitioners, status quo as on date with regard to the functioning of their mills shall be allowed to continue, provided however that the activities in their respective mills shall be confined to what is permissible in terms of the licence issued by the local authority concerned. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp