IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 20601 of 2011(A) -------------------------- PETITIONER(S): --------------- V.A.GEORGE, IMPERIAL FURNITURE MART VANJIPUZHA KANDATHIL ANJANAM, KULANADA, PATHANAMTHITTA DIS 689 503. BY ADV. SRI.S.RADHAKRISHNAN SRI.BABU GEORGE SRI.S.RAJ MOHAN SMT.LATHIKA MOHAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS HEAD QUARTERS,VAZHUTHACAUD,THIRUVANANTHAPURAM 695 014. 2. CHIEF CONSERVATOR OF FORESTS (SPECIAL AFFORESTATION)&NODAL OFFICER, CONVENER, STATE LEVEL COMMITTEE, KERALA, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHPURAM 695 014. 3. CENTRAL EMPOWERED COMMITTEE, REP BY THE MEMBER SECREATARY,GATE NO.31, JAWAHARLAL NEHRU STADIUM LOADI ROAD, NEW DELHI 110 003. 4. DIVISIONAL FOREST OFFICER PATHANAMTHITTA DIVISION, PATHANAMTHITTA 689 645. 5. THR FOREST RANGE OFFICER, RANNY RANGE, RANNY PO,PATHANAMTHITTA 689 645. ADV. SRI.A.SUDHI VASUDEVAN,SENIOR PANEL COUN FOR R-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20601 of 2011(A) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE PANCHAYATH LICENSE DTD.16.6.2000 EXT.P2: COPY OF THE PERMANENT REGISTRATION CERTIFICATE DTD.26.7.2000 EXT.P3: COPY OF THE LETTER DTD.29.1.2001 EXT.P4: COPY OF THE SERVICE CONNECITON DETAILS OF IMPERIAL FURNITURE AND SAW MILL DTD.14.7.2011 EXT.P5: COPY OF THE RECEIPT DTD.26.3.2011 EXT.P6: COPY OF THE VERIFICATION REPORT DTD.6.5.2011 EXT.P7: COPY OF THE ORDER DTD.16.6.2004 EXT.P8: COPY OF THE NOTICE ISSUED BY THE 5TH RESPONDENT EXT.P9: COPY OF THE JUDGMENT IN W.P(C) NO.32054/2010 DTD.26.10.2010 EXT.P10: COPY OF THE JUDGMENT IN W.P(C) NO.99/2011 EXT.P11: COPY OF THE LETTER DTD.14.12.2010 EXT.P12: COPY OF THE STATEMENT SHOWING THE PRESENT STATUS OF DISPOSAL OF THE APPLICATIONS FOR NOC EXT.P13: COPY OF THE ORDER IN W.P(C) NO.8345/2011 DTD.23.3.2011 EXT.P14: COPY OF THE ORDER IN W.P(C) NO.19606/2010 DTD.23.6.2010 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE ANTONY DOMINIC, J --------------------------------------- W.P(C) No.20601 of 2011 ---------------------------------------- Dated this the 10th day of August, 2011. J U D G M E N T Ext.P3 is a No Objection Certificate issued by the Divisional Forest Officer, Konni to the petitioner for issuing a licence to start wooden furniture unit in the building mentioned therein. However, it appears that by Ext.P1, the petitioner had already obtained a licence from the Panchayat for a furniture unit and saw mill. Even in Ext.P2, the SSI registration, the unit was registered as a furniture manufacturing unit. 2. According to the petitioner, on the strength of licence, he was running both furniture and saw mill. It is stated that seeking No Objection Certificate for the aforesaid units he filed an application which was acknowledged by Ext.P5. Verification was conducted and Ext.P6 is the report. It is stated that while the application is thus pending, Ext.P8 notice has been issued requiring him to close down the unit. It is in these circumstances, the writ petition is filed. 3. The case of the petitioner is that he had already surrendered the furniture unit and Ext.P15 affidavit filed by the W.P(C) No.20601 of 2011 2 petitioner is referred to. 4. The main grievance of the petitioner is regarding Ext.P8 notice of closure and his contention is that the same should not have been issued when No Objection application is pending. 5. However, the fact remains that the No Objection Certificate and SSI registration obtained was only for furniture unit, which according to the petitioner is now surrendered. 6. In such circumstances though this Court is not inclined to direct the respondents to maintain status quo as on date, the 1st respondent is obliged to pass orders on the application made by the petitioner for No Objection Certificate in the light of Ext.P6 verification report. 7. This shall be done as expeditiously as possible, on production of a copy of this judgment. ANTONY DOMINIC JUDGE ab