IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 4266 of 2010(G) ------------------------- PETITIONER(S): --------------- M.N. PRAKASH, NEW TECH INDUSTRIES, KATTAPPANA. BY ADV. SRI.M.C.JOHN RESPONDENT(S): --------------- 1. THE CHIEF CONSERVATOR OF FORESTS, (SPECIAL AFFORESTATION & NODAL OFFICER) STATE LEVEL COMMITTEE FOR WOOD BASED INDUSTRIES, FOREST HEAD QUARTERS, VAZHUTHAKAD, TRIVANDRUM - 14. 2. THE KATTAPPANA GRAMA PANCHAYAT, REPRESENTED BY SPECIAL GRADE SECRETARY. SPL GO SRI.K.SANILKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.4266 of 2010 ------------------------------------------------ Dated this the 15th day of March, 2010 JUDGMENT The petitioner is running a furniture and packing case unit exclusively using rubber wood jointly with one Abraham Joseph. The D.F.O. Kottayam as per Ext.P1 issued N.O.C. dated 18/7/1997. The second respondent Grama Panchayat had issued licence which is being renewed from time to time. Ext.P3 is the copy of the SSI registration. Ext.P4 is the copy of the consent issued by the Pollution Control Board. 2. In the light of the decision of the Apex Court the petitioner submitted application as per Ext.P5 before the first respondent for grant of N.O.C. 3. The same is said to be pending. The petitioner has approached this Court in the light of the stop memo issued by the Panchayat as per Ext.P8. The Panchayat has taken the view that N.O.C. from the first respondent has to be obtained. 4. Heard the learned counsel for the petitioner and learned Government Pleader. 5. The learned Government Pleader submitted that application is pending and the action will be finalised after W.P.(C)No.4266 of 2010 2 conducting mandatory enquiries. 6. There will be a direction to the first respondent to take a decision on the application submitted by the petitioner within a period of five months from the date of receipt of a copy of this judgment. Petitioner seeks for a direction not to take any coercive action in the meanwhile. This Court has already ordered to maintain status-quo as on 10/2/2010, pending the writ petition. 7. The learned Government Pleader submitted that petitioner can move to the first respondent for appropriate interim orders as the application for grant of N.O.C. is pending. If the petitioner makes such an application, appropriate decision will be taken within a period of one month. Till then the interim order passed by this court will continue. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj