IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 19658 of 2011(F) -------------------------- PETITIONER(S): ----------------------- ALPHONSA JOHNY, M/S.J.J.TIMBERS, POTTA P.O., CHALAKUDY, PIN - 680 772. BY ADV. SRI.WILSON URMESE RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014. 2. THE CHIEF CONSERVATOR OF FORESTS, (SPECIAL & AFFORESTATION) & NODAL OFFICER, CONVENOR, STATE LEVEL COMMITTEE, KERALA, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014. 3. CENTRAL EMPOWERED COMMITTEE, REP. BY THE MEMBER SECRETARY, GATE NO.31, JAWAHARLAL NEHRU STADIUM, LODHI ROAD, NEW DELHI - 110 003. 4. THE DIVISIONAL FOREST OFFICER, CHALAKUDY, PIN - 680 772. SPL.GOVT.PLEADER SRI.BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.19658/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE SSI PROVISIONAL REGISTRATION VIDE NO.MU09014550/2001 DT 18.7.2001 OF THE ASSISTANT DIRECTOR INDUSTRIES OFFICER, MUKUNDARPURAM TALUK. EXT.P2: TRUE COPY OF THE COMMUNICATION DT 22.1.202 OF THE 4TH RESPONDENT. EXT.P3: TRUE COPY OF THE LICENCE U/S 447 OF THE KERALA MUNICIPALITY ACT DT 6.7.2004. EXT.P4: TRUE COPY OF THE RECEIPT DT 5.2.2008 OF THE CHALAKUDY MUNICIPALITY. EXT.P5: TRUE COPY OF THE LETTER NO.CA3 4665/06(4) DT 18.12.2007 OF THE 4TH RESPONDENT. EXT.P6: TRUE COPY OF THE APPLICATION DT 7.3.2008 SUBMITTED BEFORE THE 3RD RESPONDENT. EXT.P7: TRUE COPY OF THE REPRESENTATION BEFORE THE 2ND RESPONDENT DATED 26.6.2009. EXT.P8: TRUE COPY OF ACKNOWLEDGEMENT BY THE 2ND RESPONDENT DATED 4.11.2009. EXT.P9: TRUE COPY OF THE STOP MEMO ISSUED BY THE 4TH RESPONDENT DT 5.7.11. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 19658 OF 2011 ===================== Dated this the 1st day of August, 2011 J U D G M E N T Petitioner is the owner of a small scale industrial unit engaged in the manufacture/sale of photo frames, packing cases, reapers etc. She is aggrieved by Ext.P9 communication dated 5/7/11, ordering closure of the unit for want of no objection certificate issued by the 2nd respondent. 2. Referring to Ext.P1, petitioner submits that the unit was in existence prior to 30/10/2002. In addition to that, petitioner also refers to Exts.P3 and P4 as well. Petitioner also submits that she submitted Ext.P6 application for NOC and that the said application is pending before the 2nd respondent. It is stated that it is during the pendency of the said application, she has been issued Ext.P9. 3. Prima facie, I am inclined to think that this is a case where the application for NOC is pending and that the materials do indicate the existence of the unit prior to 30/10/2002. In such circumstances, at this stage, Ext.P9 was unwarranted. In that view of the matter, I dispose of this writ petition with WPC No. 19658/11 :2 : a direction to the 2nd respondent to deal with Ext.P6 application made by the petitioner for NOC in accordance with law and communicate their decision to the petitioner. It is directed that until orders are so passed and communicated, status quo as on date will be allowed to continue, provided that the activities in the unit of the petitioner will be confined to those which are authorised in terms of the licence obtained by the petitioner. ANTONY DOMINIC, JUDGE Rp