IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 14358 of 2011(T) ---------------------------------------- PETITIONER(S): ----------------------- * K.V. SEBASTIAN, S/O.DEVASSIYA, KAPPIL HOUSE N.R. CITY, RAJAKKAD, IDUKKI DISTRICT. *THE NAME OF THE PETITIONER IS CORRECTED AS: '' K.D. SEBASTIAN'' AS PER ORDER DATED 22/07/2011 IN I.A.11941/2011. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM- 695 014. 2. CHIEF CONSERVATOR OF FORESTS (SPECIAL AFFORESTATION) & NODAL OFFICER, CONVENER,STATE LEVEL COMMITTEE, KERALA FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM- 695 014. 3. CONSERVATOR OF FORESTS (VIGILANCE), KOTTAYAM-686 001. 4. THE DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE, MUNNAR, DEVIKULAM-685 613. R1 TO R4 BY GOVT. PLEADER MR.BENNY VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 14358 of 2011(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LICENSE ISSUED FROM THE RAJAKKAD GRAMA PANCHAYAT. EXT.P2: COPY OF THE CERTIFICATE OF REGISTRATION OF IDUKKI DISTRICT INDUSTRIAL CENTRE. EXT.P3: COPY OF THE REGISTRATION UNDER THE KGST. EXT.P4: COPY OF THE NOTICE OF THE 2ND RESPONDENT. EXT.P5: COPY OF THE VERIFICATION REPORT DATED 25/05/2010. EXT.P6: COPY OF THE NEWSPAPER REPORT. EXT.P7: COPY OF THE LETTER OF THE 2ND RESPONDENT. EXT.P8: COPY OF THE POSSESSION CERTIFICATE OF THE VILLAGE OFFICER, RAJAKKAD. EXT.P9: COPY OF THE AFFIDAVIT OF THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P10: COPY OF THE LICENSE. EXT.P11: COPY OF THE RECEIPT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 14358 OF 2011 ----------------------------------------------------- Dated this the 22nd day of July, 2011 J U D G M E N T Petitioner apprehends closure of his industrial unit based on Ext.P6 newspaper report. Ext.P1 is the licence issued by the Panchayath dated 16.12.2000. Ext.P2, is the SSI registration obtained in 2001 and Ext.P3 is the sales tax registration obtained in the year 2000. Ext.P10 indicates extension of licence till 2010. According to the petitioner for the subsequent period also applications have been made for renewal of licence. In the meantime the petitioner made application before the 2nd respondent for issuance of NOC and Ext.P5 is the verification report which also indicates the existence of the Unit prior to 30.10.2002. 2. Thus, prima facie the materials produced by the petitioner indicates the existence of the Unit prior to 30.10.2002 and that the application made by the petitioner W.P.(C) No. 14358 OF 2011 :2 : for the NOC is pending consideration before the 2nd respondent. In such situation, there is no reason to order closure of the unit at this stage. 3. Hence I dispose of the writ petition with the following directions. 2nd respondent shall pass orders on the NOC application made by the petitioner in the light of Ext.P5 verification report. It is also directed that till a decision is so taken and communicated to the petitioner, status quo as on today will be allowed to continue. However, the activities carried on by the petitioner will be subject to the conditions incorporated in the licence issued by the Panchayath. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge