IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 26513 of 2009(H) --------------------------------------- PETITIONER: ------------------- K.P.NOUSHAD, S/O.KOYAMOTTY, KONDESHANPARAMBIL HOUSE, KONDOTTY P.O., ERNAD TALUK, MALAPPURAM DISTRICT. BY ADVS. MR.M.JACOB MURICKAN, MR.DINESH MATHEW J.MURICKEN. RESPONDENTS: ------------------------ 1. THE DIVISIONAL FOREST OFFICER, MANANTHAWADY, WAYANAD. 2. THE DIVISIONAL FOREST OFFICER, NILAMBUR NORTH DIVISION, NILAMBUR. R1 & R2 BY GOVERNMENT PLEADER MR. NARAYANAN.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 26513 of 2009 - H ---------------------------------------- Dated 22nd October, 2009 Judgment Heard Sri. Jacob Murikan, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioner is the proprietor of a saw mill. The saw mill was originally situated in Re-survey No.386/5 of Kondotty village in Ernad Taluk of Malappuram district. When the landlord demanded vacant possession of the premises, the petitioner applied to the second respondent for the issue of a no objection certificate to shift the saw mill to another premises situated in Re-survey No.166/2A/1A/1A of Nallurnad village in Wayanad district. The Divisional Forest Officer, Nilambur North Division forwarded the said application to the Divisional Forest Officer, Mananthawady. The Divisional Forest Officer, Nilambur North Division consented to the petitioner's unit being shifted as can be seen from Ext.P2. Thereafter, the petitioner obtained the necessary no objection certificate from the Kerala Fire and W.P.(C) No.26513/2009 2 Rescue Service and also from the Kerala State Pollution Control Board as can be seen from Exts.P3 and P4. The grievance voiced by the petitioner in this writ petition is that till date, the first respondent has not issued a no objection certificate in order to enable him to commence running the unit that has already been set up in the new premises. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the first respondent to issue a no objection certificate in order to enable him to commence running of the saw mill. In the alternative, the petitioner seeks a direction to the first respondent to consider Ext.P5 application and pass orders thereon within a time limit to be fixed by this Court. 3. The first respondent has filed a counter affidavit. Paragraphs 4 and 5 thereof read as follows: “4. The petitioner completed the shifting process in May, 2009 and sought a NOC from this respondent. On receipt of the application for issuance of NOC, this respondent directed the Forest Range Officer, Mananthawady to verify the shifting and the Mananthawady Range Officer submitted a detailed report stating that the petitioner has completed shifting of saw mill. On the basis of the report of the Range Officer, this respondent was inclined to grant NOC to the petitioner. However, before issuing the NOC to the petitioner this respondent received a copy of complaint filed by W.P.(C) No.26513/2009 3 Sri.K.J.Joseph, Kizhakkeparambil, Nallor Nadu P.O.Mananthawady to the Minister for Forest. The objector is a retired Tahsildar and in his complaint he contended that the proposed site of the saw mill is within the 5 kms. radius from the nearby reserved forest. True copy of the complaint dated 9.3.2009 is produced herewith and marked as Ext.R1(a). The objector produced a certificate from Village Office, Mananthawady in which it was stated that 22.05 acres of land in Mananthawady village in R.S.No.221/1, which is in the possession of the Forest Department is a reserved forest as per the Settlement-A Register of the village. True copy of the relevant portion of Settlement Register issued by the Village Officer, Mananthawady is produced herewith and marked as Ext.R1 (b). In the certificate issued by the Village Officer the above mentioned 22.05 acres is stated as 'reserved forest'. 5. The respondent directed a further enquiry through the Mananthawady Range Officer to verify the allegations levelled in the complaint by the objector. This respondent also verified all available records in North Wayanad Division like Annual Administration Reports, Working Plans, etc. and in all these records,the said 22.05 acres is not recorded as a reserved forest. In addition to that, the Bungalow of the Divisional Forest Officer and the Quarter of the Range Officers and other staff is situated in the above said 22.05 acres and property is situated in the Mananthawady Town itself. Even then this respondent directed the Range Officer, Mananthawady to verify the present status of the above said property in the village records. As per the directions of this respondent the Mananthawady Range Officer has requested the Village Officer to issue copy of present A-Register with respect to the property lying in Sy.Nos. 221/1, 221/2, 599/1, 599/3B and 688/5B and the present status of the land is not received from the Village Officer, Manthawady.” W.P.(C) No.26513/2009 4 4. It is evident from the stand taken by the first respondent in Ext.P2 that the no objection certificate was not issued in view of the claim made by a retired Tahsildar that the land to which the saw mill was shifted is a part of reserve forest. However, it is evident from paragraphs 4 and 5 of the counter affidavit filed by the first respondent that the reserve forest is situated in Re-survey No.221/1 and that as per the records the lands situated in Re-survey No.166/2A/1A/1A of Nallurnad village is not a reserve forest. It is also evident from paragraph 5 of the counter affidavit filed by the first respondent that the Bungalow of the Divisional Forest Officer and staff quarters is also situated in the very same survey field in which the petitioner's saw mill is now situate. In such circumstances, I am constrained to hold that the objection raised by the retired Tahsildar to the issuance of a no objection certificate is without any merit or substance. I accordingly dispose of this writ petition with a direction to the first respondent to issue a no objection certificate to the petitioner, if the petitioner's saw mill satisfies the other requirements. Needful in the matter shall be done and a no W.P.(C) No.26513/2009 5 objection certificate issued within one month from the date on which the petitioner produces a certified copy of this judgment before the first respondent. P.N.RAVINDRAN Judge vaa