IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 WP(C).No. 20437 of 2011(D) ---------------------------------------- PETITIONER(S): ------------------------ K.K.NARAYANAN, PROPRIETOR, SUDHEESH SAW MILLS, CHALINGAD P.O., KAIPPAMANGALAM, PIN-680 681. BY ADV. SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH RESPONDENT(S): -------------------------- 1. THE CHIEF CONSERVATOR OF FORESTS, (SPECIAL FORESTATION), OFFICE OF THE CHIEF CONSERVATOR OF FORESTS, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695 014. 2. ASSISTANT CONSERVATOR OF FORESTS, FOREST RESOURCES SURVEY CELL, OFFICE OF THE ASSISTANT CONSERVATOR OF FORESTS, THRISSUR-680 001. 3. THE DIVISIONAL FOREST OFFICER, OFFICE OF THE DIVISIONAL FOREST OFFICER, CHALAKKUDI-680 307. 4. KAIPPAMANGALAM GRAMA PANCHAYATH, REP. BY ITS SECRETARY, KAIPPAMANGALAM P.O., PIN-680 681. R1 TO R3 BY SPL.GOVERNMENT PLEADER SRI.BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.20437/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE SMALL SCALE INDUSTRIAL UNIT REGISTRATION CERTIFICATE ISSUED TO THE PETITIONER ON 12/10/1977. P2 COPY OF THE CERTIFICATE ISSUED BY 4TH RESPONDENT PANCHAYATH DATED 6/3/2010. P3 COPY OF THE LICENCE ISSUED TO THE PETITIONER'S INDUSTRIAL UNIT FOR THE YEAR 2011-12 DATED 11/2/2011. P4 COPY OF THE CERTIFICATE ISSUED BY THE KERALA STATE ELECTRICITY BOARD DATED 24/2/2010. P5 COPY OF THE STOP MEMO ISSUED BY THE 4TH RESPONDENT DATED 5/7/2011. P6 COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN IA NO.5102/2011 DATED 30/6/2011 IN WP(C)NO.9155/2007. P7 COPY OF THE APPLICATION FOR NO OBJECTION CERTIFICATE PREFERRED BY PETITIONER ON 19/3/2010. P8 COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED BY THE 1ST RESPONDENT ON 17/12/2010. P9 COPY OF THE VERIFICATION REPORT OF THE 2ND RESPONDENT DATED 3/5/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J --------------------------------------- W.P(C) No.20437 of 2011 ---------------------------------------- Dated this the 2nd day of August, 2011. J U D G M E N T The petitioner, who is the owner of a saw mill by name Sudheesh Saw Mills is Aggrieved by Ext.P5 notice ordering closure of his saw mill mainly on the ground that the saw mill does not possess No Objection Certificate. 2. Ext.P1 is the certificate issued by the District Industries Center, which indicates that the mill was granted registration in 1977. Ext.P2 is the certificate of the Panchayat also certifies that the mill is functioning since 1977. Ext.P8 shows that the application made by the petitioner for No Objection Certificate has been received by the 1st respondent. Ext.P9 is the verification report where it is stated that the mill possess licence as on 30.10.2002. The application for the No Objection Certificate is pending before the 1st respondent and it is in the meanwhile Ext.P5 notice of closure was issued. 3. The materials available, prima facie indicates that W.P(C) No.20437 of 2011 2 the mill is existing prior to 30.10.2002 and that the application for No Objection Certificate is pending. In view of all these, the proposal for closure of the saw mill at this stage is unwarranted. 4. Therefore, I direct the 1st respondent to pass orders on the application made by the petitioner for No Objection Certificate. It is directed that until the orders are passed as above, status quo as on date will be allowed to continue. However the activities in the saw mill shall be confined to those permitted in terms of the licence issued by the Panchayat. The Writ Petition is disposed of. ANTONY DOMINIC JUDGE ab