IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 22863 of 2011(G) -------------------------- PETITIONER(S): ------------------------ 1. VIJU JOSEPH, AGED 38 YEARS, S/O.JOSEPH P.V., PULIKKAKUDIYIL HOUSE, KEEZHILLAM P.O., ERNAKULAM DISTRICT - 683 541. 2. BABY T.C., THATTALAYIL HOUSE, KEEZHILLAM P.O., ERNAKULAM DISTRICT - 683 541. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR SRI.S.K.HARISH RESPONDENT(S): --------------- 1. STATE LEVEL COMMITTEE FOR WOOD BASED INDUSTRIES, KERALA, REPRESENTED BY ITS CONVENOR (CHIEF CONSERVATOR OF FORESTS, SOCIAL AFFORESTATION AND NODAL OFFICER, FOREST HEADQUARTERS, VAZHUTHACAUD, TRIVANDRUM)- 695 001. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, 'VANALAKSHMI', 2ND FLOOR, FOREST HEADQUARTERS, TRIVANDRUM - 695 014. 3. LIJIN MATHAI, KODIYATTIL HOUSE, KEEZHILLAM P.O., ERNAKULAM - 683 541. BY GOVT.PLEADER SMT.RANI DIOTHIMA, SPL. G.P.(FOREST) SRI. T.R. RAVI. SRI. THAMPAN THOMAS FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22863 of 2011(G) APPENDIX: PETITIONERS' EXHIBITS: EXT.P1: COPY OF THE APPLICATION SUBMITTED UNDER RIGHT TO INORMATION ACT DATED 25.9.2010. EXT.P2: COPY OF THE REPLY GIVEN BY THE SECRETARY OF THE RAYAMANGALAM GRAMA PANCHAYAT ALONG WITH THE REQUISITE DETAILS. EXT.P3: COPY OF THE APPLICATION SUBMTTED BY THE 3RD RESPONDENT BEFORE THE PANCHAYAT. EXT.P4: COPY OF THE MASS PETITION SUBMITTED BEFORE THE CHIEF MINISTER. EXT.P5: COPY OF THE LETTER DATED 17.8.2008. EXT.P6: COPY OF THE PROCEEDINGS OF THE MEETING HELD ON 5.11.2008. EXT.P7: COPY OF THE MINUTES OF THE GRAMA SABHA OF WARD No.8 DATED 23.11.2008. EXT.P8: COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRIC MEDICAL OFFICER DATED 3.4.2009. EXT.P9: COPY OF THE CONSENT TO ESTABLISH FROM THE POLLUTION CONTROL BOARD DATED 10.7.2009. EXT.P10: COPY OF THE CHART SHOWING THE DISTANCE TO THE HOUSES SITUATED WITHIN 100 METERS OF THE PROPOSED UNIT. EXT.P11: COPY OF THE BUILDING PERMIT No.4042/2009 DATED 17.8.2009 ALONG WITH COVERING LETTER. EXT.P12: COPY OF THE INTERIM ORDER IN W.P.(C) No.1140 OF 2011 DATED 18.2.2011. EXT.P13: A COPY OF THE PROVISIONAL NO OBJECTION CERTIFICATE DATED 11.2.2011. EXT.P14: A COPY OF THE PROCEEDINGS NO. FC3-910/2011 DATED 20.4.2011. RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A. TO JUDGE. KP/ C.K. ABDUL REHIM,J. --------------------------------------- W.P.(C) No. 22863 OF 2011 ---------------------------------------- Dated this the 16th day of November, 2011 JUDGMENT In this writ petition the petitioner is challenging Ext.P13 provisional 'No Objection Certificate' issued by the 1st respondent to the 3rd respondent for establishment of a Rubber Wood based industrial unit. The main challenge raised against Ext.P13 is that the 1st respondent was not empowered to issue a provisional 'No Objection Certificate'. According to the petitioners there is no provision enabling granting of any provisional 'No Objection Certificate' with respect to functioning of any wood based industry. 2. Special Govt. Pleader (Forest) appearing on behalf of the respondents 1 and 2 pointed out that Ext.P13 'No Objection Certificate' is issued only to the extent of permitting the 3rd respondent for construction of the building for the proposed Rubber Wood based industrial unit, and W.P.C. No. 22863 OF 2011 -2- that in Ext.P13 itself it is specified that separate 'No Objection Certificate' should be obtained for establishing the industry in the building in question, after observing formalities like providing building number and remitting the prescribed fee in accordance with the guidelines prescribed by Central Empowered Committee. It is also mentioned that the provisional 'No Objection Certificate' is issued only for the purpose of producing it before the Secretary of Grama Panchayat concerned. 3. Procedure for granting of 'No Objection Certificate' for wood based industries is governed by the guidelines formulated by the Central Empowered Committee in accordance with the directions contained in the decision of Honourable Supreme Court. I do not find any illegality in granting a provisional 'No Objection Certificate' enabling a person to construct a building for establishment of a proposed industry. Sufficient safe guard has already been taken in Ext.P13 itself to ensure that 'No Objection W.P.C. No. 22863 OF 2011 -3- Certificate' for establishment of industry will be granted only after complying with all the requisite formalities. Therefore, I do not find any merit in the challenge raised against Ext.P13. 4. However, it is made clear that the petitioners will be at liberty to raise objections if any before the appropriate authority against grant of 'No Objection Certificate' for establishment of industry in the building. The writ petition is dismissed subject to the observations made as above. C.K. ABDUL REHIM JUDGE. Kp/-