IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 24111 of 2011(L) ---------------------------------------- PETITIONER(S): ------------------------- V. SHEREEF, MANAGING DIRECTOR, M/S.HILL WOOD FURNITURE PVT.LTD. AND M/S.HILL WOOD IMPORTS & EXPORTS PVT. LTD., FP.XII/648-A, N.H. ROAD, CHUNGAM, FEROKE, KOZHIKODE DISTRICT. BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA, SRI.K.I.SAGEER IBRAHIM. RESPONDENT(S): -------------------------- 1. GOVERNMENT OF KERALA, REP. BY ITS SECRETARY, DEPT. OF FOREST & WILD LIFE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIVISIONAL FOREST OFFICER, CIVIL STATION, KOZHIKODE-673 020. 3. STATE LEVEL EMPOWERED COMMITTEE ON WOOD BASED INDUSTRIES, THIRUVANANTHAPURAM, REP. BY ITS CONVENOR, CHIEF CONSERVATOR OF FORESTS (SPECIAL AFFORESTATION) AND NODAL OFFICER, FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014. BY GOVERNMENT PLEADER SRI. BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.24111/2011 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RELEVANT PAGES OF THE ADVANCE TAX VAT LEDGER ACCOUNT OF THE PETITIONER FOR THE PERIOD 01/04/2010 TO 31/3/2011, EVIDENCING THE PAYMENT OF RS.4,14,07,568/-. P2: COPY OF THE RELEVANT PAGES OF THE LEDGER ACCOUNT OF ADVANCE TAX VAT OF THE FIRM HILL WOOD IMPORTS AND EXPORTS PVT.LTD. FOR THE PERIOD 1/04/2010 TO 31/3/2011, EVIDENCING THE REMITTANCE OF RS.3,49,60,302/- TOWARDS ADVANCE TAX, VAT. P3: COPY OF THE LEDGERACCOUNT OF CUSTOMS DUTY PAID FOR THE HILL WOOD IMPORTS AND EXPORTS PVT.LTD. FOR THE PERIOD 1/04/2010 TO 31/03/2011. P4: COPY OF THE LEDGER ACCOUNT OF CUSTOMS DUTY OF THE HILL WOOD FURNITURE (P) LTD. FOR THE PERIOD 1.04/2010 TO 31/03/2011. P5: COPY OF THE IMPORT PURCHASE LEDGER ACCOUNT OF THE FIRM HILL WOOD IMPORTS AND EXPORTS PVT.LTD. FOR THE PERIOD 2010-11. P6: COPY OF THE IMPORT PURCHASE LEDGER ACCOUNT OF HILL WOOD FURNITURE (P) LTD. FOR THE PERIOD DTD.1/04/2010 TO 31/03/2011. P7: COPY OF THE PHOTO PUBLISHED IN THE MATHRUBHUMI DAILY DTD. 5/03/2011 HANDING OVER THE AWARDTO THE PETITIONER AS BEST EXPORTER. P8: COPY OF THE NEWS ITEM PUBLISHED IN THE MATHRUBHUMI DAILY, PERTAINING TO THE AWARD PRESENTED TO THE PETITIONER BY THE HON'BLE COMMERCE MINISTER FOR STATE, SHRI.JYOTHI RADITHYA SINGDHYA. P9: COPY OF THE NEWS ITEM PUBLISHED IN THE MALAYALA MANORAMA DAILY, PRESENTING THE AWARD FOR THE 1ST POSITION IN THE FIELD OF EXPORT OF TIMBER PRODUCTS IN INDIA TO THE PETITIONER BY THE HON'BLE CENTRAL COMMERCE MINISTER, SHRI. KAMALNATH. P10: COPY OF THE CERTIFICATE OF EXPORT RECOGNITION OF CAPEXIL, FOR THE YEAR 2006-07, SPONSORED BY THE MINISTRY OFCOMMERCE, GOVERNMENT OF INDIA, ISSUED TO M/S. HILL WOOD FURNITURE (P) LTD. Kss ..2/- ..2.... WPC.NO.24111/2011 L P11: COPY OF THE CERTIFICATE OF EXPORT RECOGNITION OF CAPEXIL, FOR THE YEAR 2009-10 FOR THE EXPORT OF SAWN TIMBER, PRESENTED TO M/S. HILL WOOD FURNITURE (P) LTD. P12: COPY OF THE CERTIFICATE OF IMPORTER - EXPORTER CODCE (IEC) ISSUED BY THE MINISTRY OF COMMERCE AND INDUSTRY, GOVERNMENT OF INDIA DTD. 30/12/2009 TO THE PETITIONER. P13: COPY OF THE CERTIFICATE OF IMPORTER - EXPORTER CODE (IEC) DTD. 22/07/2008 ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF COMMERCE, TO M/S. HILL WOOD IMPORTS AND EXPORTS. P14: COPY OF THE CERTIFICATE OF RECOGNITION DTD. 30/09/2010 OF 'EXPORT HOUSE' ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF COMMERCE AND INDUSTRY, TO M/S. HILL WOOD FURNITURE (P) LTD. P15: COPY OF THE NO-OBJECTION CERTIFICATE BEARING NO.T-1093/05 DTD. 16/05/2005 ISSUED BY THE 2ND RESPONDENT TO M/S. HILL WOOD IMPORTS AND EXPORTS (P) LTD., FOR A PERIOD OF 5 YEARS. P16: COPY OF THE REPRESENTATION DTD. 23/05/2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. --------------------------------------------- W.P.(C) No. 24111 of 2011-L --------------------------------------------- Dated this the 5th day of September, 2011 J U D G M E N T Petitioner claims to be the Managing Director of a wood based industry using only imported timber. According to the petitioner, they are now called upon to obtain NOC from the State Level Empowered Committee for continued functioning of the Unit. They say that they made Ext.P16 representation to the first respondent requesting that their Unit shall be exempted from the requirement of obtaining such NOC. Orders on the representation have not been passed and complaining of the above, the writ petition is filed. 2. The petitioner has no case that under law they are not obliged to obtain NOC. If that be so, since the first respondent cannot waive the statutory obligation to get NOC, there is no substance in the representation made. Even apart from the above, the learned Government Pleader submitted that the petitioner had applied for NOC and the same was rejected. The order of rejection was challenged before this Court and writ petition No. 7824/2011 was filed and that writ petition was also dismissed on 22.3.2011. These facts are also not disclosed in the writ -2- W.P.(C) 24111/2011 petition. Therefore, since there is no substance in the prayer made, the writ petition is dismissed. ANTONY DOMINIC, JUDGE. rka