IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 WP(C).No. 18729 of 2011(M) ---------------------------------------- PETITIONER(S): ----------------------- P.K.VIJAYA, W/O.M.R.SUKUMARAN, AKHIL FURNITURE, CHEMBUCHIRA P.O., NOOLUVALLY, THRISSUR. BY ADV. SRI.M.C.JOHN RESPONDENT(S): ------------------------- 1. THE CHIEF CONSERVATOR OF FORESTS (SPECIAL AFFORESATION) & NODAL OFFICER, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014. 2. THE DIVISIONAL FOREST OFFICER, CHALAKUDY DIVISION, CHALAKUDY, THRISSUR DISTRICT-680307. 3. THE FOREST RANGE OFFICER, VELIKULANGARA RANGE, CHALAKUDY, THRISSUR DISTRICT-680307. BY GOVT. PLEADER SRI.BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.18729/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE N.O.C. NO.C.C.4-5887/95 DTD. 28.8.1995 ISSUED BY THE SECOND RESPONDENT. P2:- COPY OF THE PANCHAYAT LICENCE NO.62/98-99 DTD. 21.7.1998. P3:- COPY OF THE PANCHAYAT LICENCE NO.A3-264/08-09 DTD. 21.10.2008. P3(a):- COPY OF THE RECEIPT FOR 2009-10 PERIOD DTD. 27.5.2009 OF THE PANCHAYAT. P3(b):- COPY OF THE RECEIPTS DTD. 7.1.2011 FOR RENEWAL OF THE PANCHAYAT LICENCE FOR 2010-11. P3(c):- COPY OF THE RECEIPT FOR RENEWED OF LICENCE FOR 2011-12 DTD. 19.5.2011. P4:- COPY OF THE DIRECTION DT. 2.3.2010 ISSUED BY THE PRL.SECRETARY LAD. P5:- COPY OF THE MEMBERSHIP CARD NO.54 DTD. 30.12.1998. P6:- COPY OF THE CERTIFICATE DTD. 22.10.1999. P7:- COPY OF THE VERIFICATION REPORT DT. 29.5.2009. P8:- COPY OF THE STOP MEMO NO.CA3-3188/11 DT.D 5.7.2011 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss ANTONY DOMINIC, J. ------------------------------------------ W.P.(C)No. 18729 of 2011-M ------------------------------------------ Dated this the 13th day of July, 2011. J U D G M E N T The petitioner has established a saw mill. Ext.P1 NOC was issued by the 2nd respondent as early as on 28.8.95. Similarly Ext.P2 licence dated 21.7.98 was issued by the Panchayat. Ext.P3 series of receipts show that the petitioner has subsequently paid licence fee for renewal of the licence. While so, the petitioner made an application for obtaining NOC of the State Level Empowered Committe and Ext.P7 dated 29.5.09 is the verification report. This verification report indicates that even according to the respondents, the Unit was in existence prior to 30.10.02. While the matters stood thus, the respondents have issued Ext.P8 notice of closure to the petitioner asking him to close down the saw mill. It is on receipt of Ext.P8, this writ petition is filed. 2. True, the Units which are in existence as on 30.10.02, have the obligation to obtain NOC from the 1st respondent for its continued functioning. In compliance with the said requirement, the petitioner has applied for NOC and verification was also conducted way back in May, 2009. However, final orders have not been passed so far and it is in the 2 W.P.(C)18729/2011 meanwhile, Ext.P8 notice has been issued. 3. Taking note of these factors and also the prima facie materials produced by the petitioner indicating the existence of the saw mill as on 30.10.02, I am inclined to think that Ext.P8 was unwarranted. 4. Therefore, I dispose of this writ petition directing that the 1st respondent shall pass orders on the application made by the petitioner for NOC., in the light of Ext.P7 report. It is directed that until orders are so passed, Ext.P8 notice shall not be implemented. It is clarified that this judgment will enable the petitioner to continue operation of his saw mill only to the extent he is authorised to do so in terms of the licence. ANTONY DOMINIC, JUDGE. rka 3 W.P.(C)18729/2011