IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 WP(C).No. 8533 of 2011(N) ------------------------------------- PETITIONER: ------------------- SUNAJA S.GODWIN, W/O.S.GODWIN, NIDHI, ANANDESWARAM, CHEMPAZHANTHI P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRTARY TO GOVT., FOREST DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. CHIEF FOREST CONSERVATOR, SPECIAL AFORESTATION, VAZHUTHACAUD, THIRUVANANTHAPURAM – 695 587. 3. CORPORAITON OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, THIRUVANANTHAPURAM – 695 017. 4. CHARGE OFFICER, ZONAL OFFICE, CORPORATION OF THIRUVANANTHAPURAM, SREEKARIYAM – 695 017. R1 & R2 BY ADDL. ADVOCATE GENERAL SRI. RENJITH THANPAN, R3 & R4 BY SRI. N. NANDAKUMARA MENON, SENIOR ADVOCATE. ADV. SRI. P.K. MANOJ KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2011, ALONG WITH W.P.(C). NO.8345/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). Nos. 8345 & 8533 OF 2011 -------------------------------------------- Dated this the 23rd day of March, 2011 JUDGMENT The petitioner in the former Writ Petition is conducting a saw mill under the name and style 'Nidhi Wood Industries'. According to the petitioner, its location is much beyond 5 kilometres from the nearby forest. The latter Writ Petition has been filed by an association called All Kerala Saw Mills & Wood Industries Owners Association. The second petitioner therein is the owner of a saw mill. The main grievance of the petitioners is with respect to the non-consideration of the applications submitted by the members of the Association for renewal/issuance of Non Objection Certificate by the Forest Department. 2. I have heard the learned counsel for the petitioners and also the learned Additional Advocate General. The learned Additional Advocate General brought to my notice G.O.(P).No.93/99/Forest dated 15.11.1999 which makes it mandatory for all saw mills functioning within 5 kilometres of forest boundary to get yearly No Objection Certificate from the Forest Department. In the case of saw mills that situate beyond 5 kilometres from the nearby forest, such requirement including W.P.(C) Nos.8345 & 8533/2011 2 receipt/renewal of such licences is to be quinquennial. Based on the said G.O that makes it mandatory to obtain No Objection Certificate from the concerned authority under the Forest Department, Ext.P5 has been issued to the petitioners, in both the Writ Petitions. As per Ext.P5, the concerned Corporation informed the petitioners that the request of the petitioners for renewal of licences would be considered only if they produce No Objection Certificate from the competent authority under the Forest Department. As already noticed hereinbefore, the consistent case of the petitioners is that they have already approached the competent authority for issuance of No Objection Certificate. However, no orders have so far been passed thereon. In case No Objection Certificate has not been issued before the expiry of the licences which they are presently holding, it would entail closure of their respective units, it is submitted. In view of the above facutal position obtained in this case, these Writ Petitions are disposed of as hereunder: In the light of G.O.dated 15.11.1999, the competent authority under the Forest Department shall take up and consider the applications submitted by the petitioners or members of the first petitioner Association in W.P.(C).No.8345/2011 for issuance of No Objection Certificate and W.P.(C) Nos.8345 & 8533/2011 3 pass appropriate orders, in accordance with law on or before 31.3.2011, to enable the petitioners to produce it before the concerned Corporations.. (C.T. RAVIKUMAR, JUDGE) spc //true copy// P.A. to Judge. W.P.(C) Nos.8345 & 8533/2011 4 C.T. RAVIKUMAR, J. JUDGMENT September, 2010