IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 W.P(C).No. 27101 of 2006(B) -------------------------- PETITIONER: ---------- SAJEEV K.P., AGED 33 YEARS, S/O. K.P. SAHADEVAN, HOUSE NO.10, A.K.G. NAGAR HOUSING COLONY, KANNUR-11. BY ADV. SRI.M.SASINDRAN RESPONDENTS: ------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF INDUSTRIES, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FORESTS, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KANNUR. 4. CENTRAL EMPOWERED COMMITTEE, CONSTITUTED BY THE SUPREME COURT OF INDIA, ROOM NO. 106, PARYAVARAN BHAWAN, C.G.O. COMPLEX, LODHI ROAD, NEW DELHI-110 003, REPRESENTED BY ITS MEMBER SECRETARY. 5. THE DIVISIONAL FOREST OFFICER, KANNUR. BY ADV. SRI.C. UNNIKRISHNAN, CGC - R4 SRI. P. PARAMESWARAN NAIR, ASST. SG SRI. NOBLE MATHEW, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 27101/2006 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE APPLICATION DATED 7/02/2006. EXHIBIT P2 : TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY ASSISTANT DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, KANNUR DATED 15/05/2006. EXHIBIT P2(a): A TRUE COPY OF THE NO OBJECTION ISSUED BY THE TOWN PLANNER KANNUR DATED 23/05/2006. EXHIBIT P3 : TRUE COPY OF THE LICENSE DATED 29/05/2006. EXHIBIT P4 : TRUE COPY OF THE CONSENT ISSUED BY THE ENVIRONMENTAL ENGINEER OF THE STATE POLLUTION CONTROL BOARD. EXHIBIT P5 : TRUE COPY OF THE COMMUNICATION DATED 21/08/2006. EXHIBIT P6 : TRUE COPY OF THE COMMUNICATION BEARING NO.T.8147/04 DATED 19/08/2005. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION BEFORE THE KERALA FOREST MINISTER, THIRUVANANTHAPURAM. EXHIBIT P8 : TRUE COPY OF THE NOTIFICATION ISSUED BY CENTRAL GOVERNMENT. RESPONDENTS' EXHIBITS: ANNEXURE R5(a): TRUE COPY OF ORDER DATED 16/08/2006 IN W.P(C)NO. 15576/2006. /TRUE COPY/ P.A. TO JUDGE scm KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No. 27101 of 2006 ----------------------------------------- Dated this the 29th day of August, 2008 JUDGMENT Petitioner approached this court praying for a direction to the 3rd respondent to grant licence to the petitioner for starting a SSI unit as applied for in Ext.P1 without insisting for the consent/clearance from the 4th respondent Committee. As per the interim order dated 26-10- 2006 the petitioner has been provisionally permitted to run the Unit. Petitioner is running the Unit also. It is submitted that the petitioner has not violated any of the provisions of law and that the industry is not forest wood based industry. These are all matters for the competent Committee to consider. Therefore, the writ petition is disposed of making it clear that until the Committee considers the matter with notice to the petitioner the interim order dated 26-10- 2006 will continue and the further fate of the order will depend on the action taken by the committee. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.27101 of 2006 ----------------------------------- JUDGMENT 29th August, 2008