IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 18935 of 2011(N) ---------------------------------------- PETITIONER(S): ----------------------- 1. YAHIYA KHAN. M.A., AGED 40 YEARS, SON OF LATE SHRI. ALIYARU KUNJU, PROPRIETOR, YAHIYA WOOD INDUSTRIES, KARUKONE. P.O., ALAYAMON, VIA-ANCHAL, KOLLAM DISTRICT-691 324 (RESIDING AT MEENATTUVILA HOUSE, P.O. KARUKONE, ALAYAMON, VIA-ANCHAL,KOLLAM DISTRICT-691324). 2. H. SUNIL DETH, AGED 47 YEARS, S/O.SHRI.HANEEFA KUNJU, PROPRIETOR, SUNIL WOOD INDUSTRIES (SUNIL SAW MILL), PUTHAYAM, KARUKONE. P.O., KOLLAM DISTRICT-691 324 (RESIDING AT SALIM BUILDINGS, PUTHAYAM, KARUKONE. P.O., KOLLAM DISTRICT-691 324). BY SRI.TPM.IBRAHIM KHAN, SENIOR ADVOCATE, ADV. SRI.K.M.ABDUL MAJEED. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014. 3. THE CHIEF CONSERVATOR OF FOREST (SPECIAL AFFORESTATION) & NODAL OFFICE CONVENOR, STATE LEVEL COMMITTEE, KERALA, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014. 4. THE CENTRAL EMPOWERED COMMITTEE, REPRESENTED BY THE MEMBER SECRETARY GATE NO.31, JAWAHARLAL NEHRU STADIUM, LODHI ROAD, NEW DELHI-110 003. WP(C).No. 18935 of 2011(N) 5. THE DIVISIONAL FOREST OFFICER, OFFICE OF THE DIVISIONAL FOREST OFFICER, PUNALUR, KOLLAM DISTRICT. 6. THE FOREST RANGE OFFICER, FOREST RANGE OFFICE, ANCHAL, KOLLAM DISTRICT. R1 TO R3, R5 & R6 BY GOVT. PLEADER MR.BENNY VARGHESE. R4 BY ADV. MR.P. PARAMESWARAN NAIR, ASST. S.G. OF INDIA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 18935 of 2011(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.NIL DATED 05/07/2011 ISSUED BY THE 6TH RESPONDENT TO THE FIRST PETITIONER. EXT.P2: COPY OF THE ORDER NO.NIL DATED 05/07/2011 ISSUED BY THE 6TH RESPONDENT TO THE SECOND PETITIONER. EXT.P3: COPY OF THE LICENCE NO.C2-57/09/2010 DATED 13/07/2009 ISSUED BY THE ALAYAMON GRAMA PANCHAYAT TO THE FIRST PETITIONER. EXT.P4: COPY OF THE LICENCE NO.C2-3/2011-12 DATED 27/03/2011 ISSUED BY THE ALAYAMON GRAMA PANCHAYAT TO THE SECOND PETITIONER. EXT.P5: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 15/07/2002 IN ORIGINAL PETITION NO.163 OF 1999 (T). EXT.P6: COPY OF THE VERIFICATION REPORT ON THE APPLICATION OF THE FIRST PETITIONER FOR NOC FOR WOOD BASED INDUSTRIES NO.WBI/SLC. NO.2414 FC(3) 5317/09 DATED 07/05/2011. EXT.P7: COPY OF THE VERIFICATION REPORT ON THE APPLICATION OF THE SECOND PETITIONER FOR NOC FOR WOOD BASED INDUSTRIES NO.WBI/SLC. NO.2413 FC(3) 5318/09 DATED 07/05/2011. EXT.P8: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 07/02/2011 IN WP(C) NO. 99 OF 2011. EXT.P9: COPY OF THE INTERIM ORDER DATED 23/03/2011 OF THIS HONOURABLE COURT IN WP(C) NO. 8345 OF 2011. EXT.P10: COPY OF THE INTERIM ORDER DATED 23/06/2010 OF THIS HONOURABLE COURT IN WP(C) NO. 19606 OF 2010. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 18935 OF 2011 ----------------------------------------------------- Dated this the 21st day of July, 2011 J U D G M E N T Petitioners are owners of saw mills. By Exts.P1 and P2 notices of the 6th respondent, they have been asked to close down their saw mills for the reason that this court has passed order in WPC 9155/07 directing closure of such saw mills. 2. First of all it should be stated that the aforesaid order was passed in the context of plywood industries and not in the context of saw mills as in the case of the petitioners. That apart, the facts pleaded by the petitioners also show that such a notice was unwarranted in the case of these petitioners. 3. In so far as the first petitioner is concerned, he has already applied for issuance of the NOC and Ext.P6 verification report shows that even according to the W.P.(C) No. 18935 OF 2011 :2 : respondents the Unit was in existence before 30.10.2002. 4. In so far as the 2nd petitioner is concerned Ext.P4 (3) is the certificate issued by the Panchayath to the effect that the saw mill was in existence since 1980 and that the Panchayath has issued necessary licence. The 2nd petitioner has applied for issuance of NOC and Ext.P7 is the verification report which also show that the Unit was in existence before 30.10.2002. 5. Prima facie, these materials show that the mills in question were functioning even before 30.10.2002. That apart in so far as the NOC is concerned it is seen that the petitioners have already made applications and the verification is also over. In the light of the above, the impugned closure notices are is unwarranted. 6. Hence I dispose of the writ petition directing the 3rd respondent before whom applications for the NOC are pending, shall consider and pass orders thereon. Until W.P.(C) No. 18935 OF 2011 :3 : such orders are passed as directed above and the said order is communicated, the status quo as on today will be maintained. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE ul/-