IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 WP(C).No. 32708 of 2010(K) ------------------------------------- PETITIONER(S): ----------------------- 1. KERALA MARA VYAVASAYA ASSOCIATION, POST KAKKAYANGAD, KANNUR DISTRICT, REPRESENTED BY ITS SECRETARY JOHN ROCKY, S/O. ROCKY, VICHAT HOUSE, P.O.THONDIYIL, KANNUR. 2. T.F.SEBASTIAN, S/O. FRANCIS, PRESIDENT, KERALA MARA VYAVASAYA ASSOCIATION, KAKKAYANGAD, RESIDING AT THAIPADATH HOUSE, P.O.KAKKAYANGAD, KANNUR DISTRICT. 3. JOSEPH P.M., S/O. MATHAI, POKKUDIYIL, ADAKKATHODU P.O., KANNUR DISTRICT, PIN-670 674. 4. ISMAIL K., VALLITHODU SAW MILL, VALLITHODU, KILIYANTHARA P.O., KANNUR DISTRICT, PIN-670 706. 5. THOMAS P.J., S/O. JOSEPH, PAMPARA HOUSE, ODANTHODU, MANATHANA POST, KANNUR. BY SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE BY ADVS. SRI.SAJU.S.A SRI.K.C.KIRAN SMT.P.A.SHEEJA RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM-695 001. 2. STATE OF KERALA, REPRESENTED BY SECRETARY, FOREST & WILD LIFE DEPARTMENT, THIRUVANANTHAPURAM-695 001. W.P.(C) NO.32708/2010 3. STATE LEVEL COMMITTEE FOR WOOD BASED INDUSTRIES, THIRUVANANTHAPURAM, REPRESENTED BY CONVENER, CHIEF CONSERVATOR OF FORESTS (SPECIAL AFFORESTATION) AND NODAL OFFICER. 4. CENTRAL EMPOWERED COMMITTEE, (CONSTITUTED BY THE HON'BLE SUPREME COURT OF INDIA IN WPC 202/95 & 171/96), REPRESENTED BY MEMBER SECRETARY, 2ND FLOOR, CHANAKYA BHAVAN, CHANAKYA BHAVAN, CHANAKYA PURI, NEW DELHI. 5. THE DIVISIONAL FOREST OFFICER, KANNUR, KANNUR DISTRICT-670 001. 6. THE FOREST RANGE OFFICER, KOTTIYUR, EDAYAR P.O., KANNUR DISTRICT, PIN-670 674. 7. FOREST RANGE OFFICER, KANNAVAM, KANNOTH P.O., KANNUR DISTRICT-670 650. 8. FOREST RANGE OFFICER, TALIPARAMBA, KANNUR DISTRICT-670 141. R1 TO R3 & R5 TO R8 BY GOVT. PLEADER SRI.BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 32708 of 2010 K ``````````````````````````````````````````````````````` Dated this the 15th day of November, 2010 J U D G M E N T The first petitioner is an Association of saw mill owners and plywood manufacturers and petitioners 2 to 5 are its members. 2. According to the first petitioner, their members, including petitioners 2 to 5, have applied before the third respondent for renewal of the NOC and that the applications submitted by them are pending. It is stated that during the pendency of their applications, they were issued notices requiring them to stop functioning of their units. It is aggrieved by the above action of respondents 6 to 8, this writ petition is filed. 3. Learned Government Pleader, on instructions, submits that the applications made by the members of the first petitioner, including petitioners 2 to 5, were considered by the third respondent on 18-09-2010. It is stated that on examination of the applications, defects were noticed in many W.P.(C) No.32708/10 : 2 : of the applications and that the applicants have to cure those defects. However, leaned senior counsel appearing for the petitioners submits that despite the fact that the applicants were not intimated of the defects, all of them have volunteered to rectify the defects and that the third respondent should reconsider the applications and pass orders in the matter. 4. Having regard to the rival submissions made by both sides, I dispose of the writ petition, directing that the third respondent will consider the applications made by the petitioners and if any defect is noticed, the respective applicants will be intimated of the same and the applicants will be given an opportunity to cure the defects. It is further ordered that if the applicants cure the defects within the time allowed, the third respondent shall reconsider the applications and pass orders in the matter, as expeditiously as possible. In the meantime, it is directed that the stop memos issued by respondents 6 to 8 will be kept in abeyance and the parties W.P.(C) No.32708/10 : 3 : will be governed by the final orders to be passed by the third respondent, as directed above. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge