IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 2149 of 2007(E) --------------------------------------- PETITIONER(S): ------------------------- BIJU RAVEENDRAN, S/O.RAVEENDRAN, AGED 32 YEARS, KUTTUNKAL VEEDU, KAYARADI P.O. OLIPPARA, PALAKKAD DISTRICT. BY ADV. SRI.P.R.VENKETESH RESPONDENT(S): --------------------------- 1.DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE, NENMARA, PALAKKAD DISTRICT. 2. FOREST RANGE OFFICER, RANGE OFFICE, ALATHUR, PALAKKAD DISTRICT. *ADDL.R3 IS IMPLEADED: R3. CHAIRMAN, PRINCIPAL CHIEF CONSERVATOR OF FOREST (WOOD BASED INDUSTRIES, STATE EMPOWERED COMMITTEE), VAZHUTHACAUD, THIRUVANANTHAPURAM. (*ADDL.R3 IS IMPLEADED AS PER ORDER DTD. 10/11/2008 IN I.A.NO.13495/2008) GOVERNMENT PLEADER SRI. MOHAMMED FAZIL M.P.FOR R1&R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.2149/2007 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION DTD. 25/01/06 SUBMITTED BY PETITIONER. EXT.P2: COPY OF THE INTIMATION ISSUED BY THE 2ND RESPONDENT DTD.2/11/2006. EXT.P3: COPY OF THE INTERIM ORDER DTD. 16/08/06 IN WP(C) NO. 15576/06. EXT.P4: COPY OF THE SAID APPLICATION DTD. 19/08/2008 SUBMITTED BEFORE THE CHAIRMAN, PRINCIPAL CHIEF CONSERVATOR OF FOREST. EXT.P5: COPY OF THE ACKNOWLEDGEMENT RECEIPT DTD. 24/09/2008 FROM THE CHIEF CONSERVATOR OF FOREST. RESPONDENT'S EXHIBIT: EXT.R1(A): COPY OF LETTER NO.14752/D3/04/F&WLD DTD.18/01/2005 OF THE PRINCIPAL SECRETARY TO GOVERNMENT TO CHIEF CONSERVATOR OF FORESTS (PROTECTION). /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.2149 OF 2007 ------------------------------- Dated this the 10th November, 2008. J U D G M E N T The petitioner applied to the second respondent for a No Objection Certificate to establish a saw mill in Vadakkancherry village. His application was rejected by Ext.P2 letter dated 2.11.2006 on the ground that in view of the directions issued by the Apex Court, a No Objection Certificate cannot be issued to start a new Saw Mill. The petitioner submits that Central Empowered Committee constituted by the Apex Court has issued guidelines on 29.4.2008 regarding the establishment of new saw mills and that based on the said guidelines, he has moved the State Level Empowered Committee represented by the Principal Chief Conservator of Forests, for permission to establish a saw mill/furniture unit, and that the respondents may be directed to take a decision in the matter at the earliest. W.P.(C) No.2149 of 2007 2 2. Sri.Ranjith Thampan, the learned Special Government Pleader submits that without the consent of the Central Empowered Committee constituted by the Apex Court, no wood based industry including a saw mill can be established any where in India and that the only authority that is competent to grant sanction is the Central Empowered Committee. The learned Special Government Pleader also submits that the State Level Empowered Committee cannot grant permission and can only forward the petitioner's representation to the Central Empowered Committee. In the light of the submissions made at the Bar, I dispose of the Writ Petition with a direction to the Principal Conservator of Forests, who is the Chairman of the State Level Empowered Committee to forward the representation filed by the petitioner together with his remarks to the Member Secretary of the Central Empowered Committee at the earliest and in any event, within three months from today. Thereafter, it will be W.P.(C) No.2149 of 2007 3 open to the petitioner to move the Central Empowered Committee for expeditious orders on the same. P.N.RAVINDRAN, JUDGE nj.