IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 22814 of 2009(V) -------------------------- PETITIONER(S): --------------- M/S.MALABAR RURAL INDUSTRIES, POYYUR, WEST MAYYIL, KANNUR DISTRICT, REP. BY ITS MANAGING PARTNER, B.M.ABOOBACKER. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.N.SHAMSUL HUDA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPT. OF FOREST & WILD LIFE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIVISIONAL FOREST OFFICER, KANNUR. SPECIAL GOVERNMENT PLEADER SRI.M.P.PRAKASH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ....................... W.P.(C).22814/2009 ....................... Dated this the 30th day of November, 2009 JUDGMENT Heard Sri.Babu Joseph Kuruvathazha, the learned counsel appearing for the petitioner and Sri.M.P.Prakash the learned Special Government Pleader appearing for the respondents. 2. The petitioner was running a sandal wood factory under the name and style M/s.Malabar Rural Industries at Mayyil in Kannur district. His application for a No Objection Certificate to run the factory was rejected by the second respondent. The factory had even earlier been closed down pursuant to Ext.P5 Government order dated 9.2.2005 and the order passed by the Apex Court on 10.2.2006. In this writ petition the petitioner seeks a direction to the respondents to permit him to carry out necessary repairs/maintenance to the building and machinery and also to conduct a trial run for one day. The first respondent has filed a counter affidavit disputing the petitioner's entitlement to carry out repairs/maintenance to the factory/machinery and for conducting a trial run. In my W.P.(C).22814/09 2 opinion, in the absence of a NOC and in view of the order of the Apex Court, the petitioner cannot run the factory. He cannot therefore insist that he should be permitted to conduct a trial run. However, that does not mean that he should not be permitted to carry out necessary repairs to the building and the machinery. In such circumstances, I dispose of this writ petition with a direction to the first respondent to forward the originals of Exts.P9 and P13 representations to the Secretary to Government of Kerala, Forests & Wild Life Department within two weeks from today. The State Government shall thereupon consider the same and pass orders thereon in the light of the declared policy of the Government and also the orders passed by the Apex Court in the matter. Final orders on Exts.P9 and P13 shall be passed within two months from today. The Government shall, before passing orders in the matter, afford the petitioner a reasonable opportunity of being heard. It is clarified that if the representative of the petitioner does not turn up for the hearing, the Government need not afford the petitioner any further opportunity and will be free to pass orders without W.P.(C).22814/09 3 affording the petitioner's representative any further opportunity of being heard. P.N.RAVINDRAN, Judge mrcs