IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WP(C).No. 23676 of 2007(R) -------------------------------------- PETITIONER: ------------------- KAJAN HUSSAIN, S/O.MOHAMMED HANEEFA, HOUSE NO.1/701, EAST STREET, KODUVAYUR, PALAKKAD DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN HARIHARAN RESPONDENT: ---------------------- DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE, NENMARA, CHITTUR TALUK, PALAKKAD DISTRICT. BY GOVERNMENT PLEADER MR.RANJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23676 OF 2007-R APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE LICENCE ISSUED BY THE KODUVAYUR GRAMA PANCHAYAT UNDER SECTIONS 232, 233, 234 AND 254 OF THE KERALA PANCHAYAT RAJ ACT, 1994 EXT.P2 TRUE COPY OF THE COMMUNICATION NO.A3/1127/2007 DATED 1.3.2007 ISSUED BY THE RESPONDENT EXT.P3 TRUE COPY OF THE CONSENT TO OPERATE THE PETITIONER'S PLANT ISSUED BY THE POLLUTION CONTROL BOARD ON 9.3.2006 EXT.P4 TRUE COPY OF THE JUDGMENT IN W.P.(C) 9995/07 DATED 20.7.07 EXT.P5 TRUE COPY OF THE ORDER NO.A3-1127/2007 DATED 23.7.07 PASSED BY THE 1ST RESPONDENT. EXT.P6 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P.(C) 19407/2006 DATED 18.10.2006. / TRUE COPY / ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P. (C) No. 23676 OF 2007 R = = = = = = = = = = = = = = Dated this the 14th January, 2008 J U D G M E N T Challenge in this writ petition is against Ext. P5, an order declining the request of the petitioner for issuing NOC. Petitioner had approached this Court on an earlier occasion and that resulted in Ext. P4 judgment directing consideration of the application. According to the petitioner, before even producing a copy of the said judgment, his request was turned down by Ext. P5. 2. The limited ground on which Ext. P5 is impugned is that before the said order was passed notice was not issued to the petitioner, nor was the petitioner heard in the matter. This contention of the petitioner is not disputed by the respondents, nor have they placed any materials suggesting to the contrary. In view of this, I am of the view that the impugned order was passed in violation of the principles of natural justice. 3. Hence, quashing Ext. P5, I dispose of this writ petition directing the 1st respondent to reconsider the matter with notice to W.P.(C) No. 23676 OF 2007 - 2 - the petitioner as expeditiously as possible. This shall be done within four weeks of production of a copy of this judgment. ANTONY DOMINIC JUDGE jan/-