IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 WP(C).No. 19769 of 2011(U) -------------------------- PETITIONER(S): --------------- THANKACHAN, S/O.MATHEW, AGED 53 YEARS, KALLOOKATTIL HOUSE, KODUMON, PATHANAMTHITTA. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, FOREST AND WILD LIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. CHIEF CONSERVATOR OF FORESTS (SPECIAL AFFORESTATION & NODAL OFFICER), CONVENER, STATE LEVEL COMMITTEE, KERALA, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 4. THE DIVISIONAL FOREST OFFICER, KONNI. 5. THE FOREST RANGE OFFICER, KONNI, KOLLAM. GOVERNMENT PLEADER SRI.BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.19769/11 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE LICENCE. P2 COPY OF THE LICENCE FOR THE YEAR 2010-11. P3 COPY OF THE REQUEST DT 28.6.11. P4 COPY OF THE LETTER DT 16.6.04. P5 COPY OF THE LETTER DT 6.7.11. // True Copy // P.A. To Judge ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 19769 of 2011 U ``````````````````````````````````````````````````````````` Dated this the 1st day of September, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner is the Proprietor of a saw mill by name St.George Saw Mill. This writ petition has been filed on account of Ext.P5 notice issued by the fifth respondent, ordering closure of the mill mainly for the reason that the mill does not possess No Objection Certificate issued by the third respondent. 2. Referring to Ext.P1 licence, petitioner submits that the mill has been in existence from 1986 and that the Panchayat licence was renewed from year to year. It is also his case that, by Ext.P3, he applied to the third respondent for NOC and that, on being so directed, an application in the prescribed form was submitted on 28.07.2011. It is stated that, the said application is pending consideration of the authorities and it is in the meanwhile that Ext.P5 notice has been issued. W.P.(C) No.19769/2011 : 2 : 3. I heard the learned Government Pleader appearing for the respondents also. 4. Prima facie, it appears that the mill in question has been functioning prior to 30.10.2002 and the NOC application made is pending consideration of the third respondent. At this stage, closure of the mill, in my view, is unwarranted. Therefore, I direct the third respondent to consider the application made by the petitioner on 28.07.2011 for NOC, pass orders thereon and communicate the same to the petitioner. It is directed that until the said process is completed, status quo as on today, in so far as the functioning of the mill, will be permitted to continue provided, however, the activities in the mill will be confined to those permitted in terms of the licence issued by the Panchayat. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/01/09 // True Copy // P.A. To Judge