IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 WP(C).No. 36207 of 2010(A) ---------------------------------------- PETITIONER(S): ----------------------- 1. SEBASTIAN THOMAS, S/O.THOMAS, ST. MARY'S TIMBERS, PORIYATH HOUSE IRITTY P.O, KANNUR DISTRICT. 2. JAISON BASIL, MORNING STAR WOODS & TIMBERS ST. JUDE NAGAR, KILIYANTHARA POST, KANNUR DISTRICT. 3. BENNY MATHEW, S/O.MATHEW MINI INDUSTRIES SAW MILL, CHEERAMVELIL HOUSE POST KELAKAM, KANNUR DISTRICT. 4. C.K. JAMES, NEENA WOOD INDUSTRIES MURINGADI, PERUPURAM, PERAVOOR, KANNUR DISTRICT. 5. T.F. ANTONY, S/O.FRANCIS THYPADATH TIMBERS, ULIKKAL POST, KANNUR DISTRICT. 6. SUNNY M.M., S/O.LATE MATHAI M/S. CARISON MINI INDUSTRIES, KOTTIYAM, THALASSERY TALUK, KANNUR DISTRICT. 7. M.E. KOUSU, PRABHA FURNITURE MART & SAW MILLS, MURIYANGA POST, KANNUR DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER M.E. SREENIVASAN, S/O.ANANTHAN, 'SOUPARNIKA' MUTHIYANGA POST , KANNUR DISTRICT. BY ADV. SRI.SAJU.S.A RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. WP(C).No. 36207 of 2010(A) 2. STATE LEVEL COMMITTEE FOR WOOD BASED INDUSTRIES, THIRUVANANTHAPURAM-695 001, REPRESENTED BY CONVENER, CHIEF CONSERVATOR OF FORESTS (SPECIAL AFFORESTATION) AND NODAL OFFICER. 3. THE DIVISIONAL FOREST OFFICER , KANNUR, KANNUR DISTRICT- 670 001. R1 TO R3 BY SR.GOVT. PLEADER MR.BENNY VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No. 36207 of 2010 -------------------------- Dated this the 16th February, 2011 J U D G M E N T Petitioners are stated as aggrieved of the interception made by the authorities of the Forest Department seeking to close down the saw mill unit of the petitioners for want of necessary 'No Objection Certificate' from the 2nd respondent for which they have filed Exts.P1(a), P2(a) P3 (a) P5(a) P6(a) and P7(a) applications. 2. Petitioners contend that they are running saw mills in Kannur District based on the 'No Objection Certificates' issued to them, much prior to the year 2002. Copies of the relevant No Objection Certificates issued lastly, are produced before this Court in support of their contentions. However, based on the verdict passed by the Apex Court and under the relevant provisions of law, it has become necessary for the petitioners to apply for renewal and obtain 'No Objection Certificates' renewed for which necessary applications have been preferred before the 2nd respondent also remitting the requisite fees. W.P (C) No. 36207 of 2010 2 3. Learned Counsel for the petitioners submits that the grievance now projected in the writ petition is the non- finalisation of the matters pending consideration of the 2nd respondent while coercive proceedings stated as being pursued by the 2nd respondent to close the units; which hence is sought to be intercepted by this Court 4. Heard the learned Government Pleader as well, who submits on instructions, that the applications of the petitioners have already been received by the 2nd respondent and that the same are pending consideration. It is also stated that quite lot of applications have been preferred by similarly situated persons and only those applications preferred up to 30-11-2009 have been finalised for further steps with regard to the clearance of the Central Level Committee and for issuance of necessary 'No Objection Certificates'. 5. Accordingly, the 2nd respondent is directed to finalise the applications for No Objection Certificates preferred by the petitioners, in accordance with law, and W.P (C) No. 36207 of 2010 3 pass appropriate orders on the basis of the merit and seniority of the applications, as expeditiously as possible. It is made clear that 'status quo' as on date shall continue till such time. Writ petition is disposed of as above. Sd/- P.R.RAMACHANCDRA MENON, JUDGE ma /True copy/ P.A to Judge W.P (C) No. 36207 of 2010 4