IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 18826 of 2011(C) ----------------------------------------- PETITIONER(S): ------------------------- JOSEPH MATHEW, KOLATH HOUSE, AMBAZHACKAL, KUNCHITHANNY VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.M.C.JOHN RESPONDENT(S): --------------------------- 1. THE CHIEF CONSERVATOR OF FORESTS (SPECIAL AFFORESTATION) & NODAL OFFICER, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014. 2. THE DIVISIONAL FOREST OFFICER, MUNNAR DIVISION, MUNNAR, DEVIKULAM, IDUKKI-685 613. 3. THE FOREST RANGE OFFICER, DEVIKULAM, MUNNAR-685 613. R1 TO R3 BY SPL. GOVERNMENT PLEADER SRI. P.M.POULOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18826/2011 C APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF N.O.C.NO.M7-9231/95 DTD. 25/01/1996 ISSUED BY THE 2ND RESPONDENT. P2: COPY OF THE PANCHAYAT LICENCE NO.35/96-97 DTD. 17/02/1997. P2(A): COPY OF THE LICENCE FOR 2001-2002 DTD. 26/06/2011 ISSUED BY THE PANCHAYAT. P2(B): COPY OF THE LICENCE FEE RECEIPT DTD.21/05/2002 FOR 2002-2003 PERIOD. P3: COPY OF THE RELEVANT PAGES OF THE SSI REGISTRATION DTD.17/12/1996. P4: COPY OF THE LETTER NO.2184/RC3/10/LAD DTD. 02/03/2010 ISSUED BY THE PRL.SECRETARY. P5: COPY OF THE APPLICATION FOR N.O.C DTD. 22/06/2010. P6: COPY OF THE VERIFICATION REPORT DTD. 28/04/2011. P7: COPY OF THE 'STOP MEMO NOTICE' NO.MY-8315/03 DTD.05/07/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 18826 OF 2011 ----------------------------------------------------- Dated this the 20th day of July, 2011 J U D G M E N T Petitioner is the owner of a saw mill, the SSI Registration of which is produced as Ext.P3. Ext.P1 dated 25.1.1996 is the NOC issued by the 2nd respondent. Exts.P2, P2(a) and P2(b) shows that the licence issued by the Panchayath has been renewed since then. Meanwhile, petitioner applied or NOC and Ext.P6 is the verification report. It shows that the Unit was in existence even prior to 30.10.2002. At this stage petitioner was issued with Ext.P7 notice calling upon him to close down the Unit for want of NOC. It is in these circumstances the petitioner has come up with this writ petition. 2. The application made by the petitioner for NOC is pending before the 2nd respondent. Moreover, prima facie, the materials available indicates the existence of the W.P.(C) No. 18826 OF 2011 :2 : Unit prior to 30.10.2002. In that view of the matter, notice issued at the stage when the application was pending consideration, particularly since the Unit was in existence even prior to 30.10.2002, was unwarranted. Therefore I dispose of the writ petition directing the first respondent to pass orders on the application made by the petitioner for NOC in light of verification report. There will be a further direction that until orders are passed as directed above, all further proceedings pursuant to Ext.P7 notice shall be kept in abeyance. ANTONY DOMINIC, JUDGE ul/-