IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 12TH JANUARY 2011 / 22ND POUSHA 1932 WA.No. 1904 of 2010() ----------------- AGAINST THE JUDGEMENT/ORDER IN WPC.29075/2010 Dated 22/09/2010 ............ APPELLANT / PETITIONER : ----------------------------------------- A.M.VARGHESE, PROPRIETOR, M/S.NIRAVATH INDUSTRIES, MINI INDUSTRIAL ESTATE, KATTAPPANA. BY ADVS. SRI.GEORGE POONTHOTTAM SRI.SUJITH MATHEW JOSE RESPONDENTS / RESPONDENTS : ------------------------------------------------ 1. THE PRINCIPAL SECRETARY, DEPARTMENT OF FOREST, GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001. 2. THE CHIEF FOREST CONSERVATOR (SPECIAL FORESTATION) AND NODAL OFFICER, FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 001. 3. THE STATE LEVAL COMMITTEE FOR WOOD BASED INDUSTRIES, REP.BY ITS CHAIRMAN,FOREST HEAD QUARTERS, TRIVANDRUM 695 001. 4. THE DIVISIONAL FOREST OFFICER, FOREST RANGE OFFICE, KOTTAYAM- 686 001. BY SPL. GOVERNMENT PLEADER (FOREST) SRI. P.M. PAULOSE THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON ON 12/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.A. No. 1904 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 12th day of January, 2011 JUDGMENT Basheer, J. Appellant is stated to be the proprietor of M/s. Niravath Industries, a wood based industrial unit, at Kattappana Mini Industrial Estate. 2. The specific case of the appellant is that he has been conducting the above industrial unit and sawmill attached thereto ever since 1979, after obtaining requisite licence, permit etc. from the authorities concerned. According to him, Ext.P11 notice issued by the Range Officer, Ayyappancoil way back in January 1999 will substantiate and fortify his case that the sawmill has been in existence for the last several years. 3. Any how we do not propose to refer to the various road blocks that the appellant faced during the last few years and also to the several rounds of litigation that followed, in view of the order that we propose to pass. W.P.(C) No. 1904/2010 2 4. It is on record that by Ext.P2 judgment dated December 16,2005 in O.P. No.3427 of 1999 a learned Single Judge of this Court quashed the order of Forest Department directing the appellant to close down the sawmill. However it was made clear that the Forest Department would be at liberty to take action against the appellant in case he was involved in any forest offence. 5. It is beyond controversy that by order dated December 14, 2009 the Divisional Forest Officer, Kottayam cancelled the No Objection Certificate issued in favour of the appellant to run a sawmill on the ground that it had been issued “erroneous ly and inadvertently” relying on a certificate issued by the Panchayat. 6. The above order (Ext.P3) was challenged before this Court in a writ petition under Article 226 of the Constitution of India. A learned Single Judge dismissed the writ petition, against which the appellant preferred W.A. No.135 of 2010. A Division Bench of this Court, by judgment dated January 27, 2010 relegated the appellant to the State Level Committee for wood based industries in Kerala to W.P.(C) No. 1904/2010 3 work out his remedies. It was however directed that status quo as on the date of the judgment shall be maintained till orders were passed by the committee on the interim application that may be filed by the appellant. 7. It is seen from the records that the appellant had filed an application for grant of No Objection Certificate before the State Level Committee as early as on December 31, 2009. An interlocutory application was also filed by the appellant seeking permission to continue to operate the unit and sawmill. However, the committee rejected the prayer for interim relief by its order dated August 20, 2010, a copy of which is on record as Ext.P17. 8. The said interim order passed by the committee was challenged by the appellant before the learned Single Judge, who by the impugned judgment held that the decision taken by the Committee did not appear to be faulty, warranting any interference. But it was observed by the learned Single Judge that if the appellant possessed the requisite licence to run the furniture unit, it would be open to him to approach the Divisional Forest Officer, Kottayam W.P.(C) No. 1904/2010 4 to allow him to operate the same and the officer was directed to pass appropriate orders on such request in accordance with law. The above judgment passed by the learned Single Judge is impugned in this appeal . 9. We have heard Sri. George Poonthottam learned counsel for the appellant and Sri. P.M. Poulose learned Special Government Pleader (Forest). We have perused the materials available on record. 10. Having regard to the entire facts and circumstances of the case, we are of the view that it will be appropriate at this juncture to direct respondent No.3, the State Level Committee to take a final decision on the application submitted by the appellant for grant of No Objection Certificate, particularly since the said application has been pending consideration before the Committee for more than one year. 11. Learned Special Government Pleader submits that an appropriate decision in the matter will be taken without any further delay. 12. In that view of the matter, the Committee is W.P.(C) No. 1904/2010 5 directed to take a final decision in the matter, as expeditiously as possible at any rate within two months from the date of receipt of a copy of this judgment. The committee shall ensure that the appellant is afforded sufficient opportunity to be heard before any orders are passed. It will be open to the appellant to produce additional documents in support of his case. 13. It is made clear that the Committee shall take a decision in the matter untrammelled and uninfluenced by any of the observations made by the learned Single Judge in the impugned judgment. We make it further clear that we have not considered the merit or demerit of the case. The appeal is disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE mn.