IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 WP(C).No. 3557 of 2010(T) ------------------------- PETITIONER(S): --------------- K.JAYAKUMAR, S/O.KRISHNA PILLAI, AGED 8 YEARS, KONATHPUTHENVEEDU, KARUMANCODE P.O., PALODE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.D.SAJEEV RESPONDENT(S): --------------- 1. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, SPECIAL AFORESTATION, VAZHUTHACAUD, THIRUVANANTHAPURAM. 2. THE DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM. 3. THE RANGE OFFICER, FOREST RANGE OFFICE, PALODE P.O., THIRUVANANTHAPURAM. 4. THE SECRETARY, NANNIYODE GRAMA PANCHAYATH, NANNIYODE, PACHA P.O., PALODE, THIRUVANANTHAPURAM. BY SPL.GOVERNMENT PLEADER SRI.P.M.POULOSE FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXTS: EXT.P1:- COPY OF CERTIFICATE DTD.11.5.1987 ISSUED BY DEPARMENT OF INDUSTRIES AND COMMERCE, GOVERNMENT OF KERALA. EXT.P2:- COPY OF NOC NO.G2.1894/85 DTD.15.4.1985 EXT.P3:- COPY OF CERTIFICATE NO.B.11285/86 DTD.6.9.1986 ISSUED BY DIVISIONAL OFFICER, FIRE FORCE, TRIVANDRUM. EXT.P4:- COPY OF JUDGMENT IN OP NO.1648/1999 OF THIS COURT. EXT.P5:- COPY OF JUDGMENT IN W.A.NO.1593/1999 OF THIS COURT. EXT.P6:- COPY OF LICENSE ISSUED BY R4. EXT.P7:- COPY OF CONSENT RENEWAL ORDER DTD.24.2.2006 ISSUED BY PCB EXT.P8:- COPY OF JUDGMENT IN WP(C) NO.37117/2007 OF THIS COURT EXT.P9:- COPY OF JUDGMENT IN WP(C) NO.1245/2008 OF THIS COURT EXT.P10:- COPY OF LETTER NO.B3-278/08 OF R4 IN WP(C) NO.1245/2008 OF THIS COURT EXT.P11:- COPY OF LETTER DTD.11.4.2008 ISSUED BY R2 TO R4. EXT.P12:- COPY OF LETTER DTD.25.7.2008 SUBMITTED BY PETITIONER TO R3 EXT.P13:- COPY OF LETTER NO.PR3-211/08 ISSUED BY R3 TO R2 EXT.P14:- COPY OF LETTER NO.B3.1640/10 ISSUED BY R4. EXT.P15:- COPY OF APPLICATION DTD.15.6.2009 FOR NOC FILED BY PETITIONER BEFORE R1 EXT.P16:- COPY OF RECEIPT BEARING NO.FC3-2346/09 ISSUED BY R1. EXT.P17:- COPY OF PRESS RELEASE ISSUED BY HON'BLE MINISTER, DEP. OF FOREST AND WILD LIFE, STATE OF KERALA. RESPONDENTS EXTS: ANN:R2(a):- COPY OF GO(P) NO.93/99 ANN:R2(b):- COPY OF MINUTES ANN:R2(c):- COPY OF REPORT OF ASST.DIRECTOR, FOREST MINI SURVEY DTD.10.4.2008 ANN:R2(d):- COPY OF REPORT OF ASST. DIRECTOR, FOREST MINI SURVEY DTD.7.5.2008 /TRUE COPY/ P.A.TO JUDGE S.SIRI JAGAN, J. --------------------------------------- W.P.(C).No.3557 of 2010 --------------------------------------- Dated this the 10th day of June, 2010 J U D G M E N T Petitioner runs a wood based industry, which according to the respondents is within 5 k.m. from the edge of the forest. Petitioner has now been directed to stop the business, in view of the fact that petitioner does not have a valid NOC from the empowering committee. According to the petitioner, petitioner has already submitted an application for renewal of NOC, without considering which, the respondents are forcing the petitioner to close the saw mill. Petitioner therefore seeks the following reliefs: “i) To call for the records which may leads to the issuance of Ext.P14 order by the 4th respondent and quash the same as illegal, arbitrary and is one issued without any application of mind after issuing a writ of certiorari or other writ direction or orders. ii) To issue a writ of mandamus or other appropriate writ, direction or order, commanding the first respondent to consider and pass orders in Ext.P15 application for grant of NOC to the wood based industry of the petitioner after complying with the mandates contained in Exts.P4, P9 and P10 judgments of this Honourable Court, for the forthcoming years as expeditiously as possible. Iii) To issue a writ of mandamus or such other writ, order or direction, commanding the 4th respondent not to implement or proceed with Ext.P14 order till the first respondent consider and pass appropriate orders in Ext.P15 application for grant of NOC filed by the petitioner. iv) Such other appropriate writ order or direction this Hon'ble Court may deem fit and proper to meet the ends of justice. 2. The learned Special Government Pleader submits that petitioner has been running the saw mill for sometime without a valid W.P.(C).No.3557 of 2010 2 NOC and he is not entitled to continue the same. But he admits the fact that the petitioner had submitted an application for renewal of NOC and the same has not yet been disposed of. I am of the opinion that without first passing orders on the application for renewal of NOC, it is unjust for the respondents to take coercive action against petitioner to stop the business. In the above circumstances, this writ petition is disposed of with a direction to the respondents not to interfere with the functioning of the saw mill until application for renewal of NOC filed by the petitioner is disposed by the appropriate authority. S.SIRI JAGAN, JUDGE cms