IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 WP(C).No. 37117 of 2007(R) -------------------------- PETITIONER: ------------ C.PRASAD, S/O.CHELLAPPAN, AGED 46 YEARS, PRASEEDA BHAVAN, BLOCK NO.32, EX-SERVICEMEN COLONY P.O., PALODE, THIRUVANANTHAPURAM. BY ADV. SRI. K.SIJU SRI.PRATHEESH.P SRI.B.SUGATHAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, VAZHUTHACAUD, THIRUVANANTHAPURAM. 2. THE DIVISIONAL FOREST OFFICER, FOREST OFFICE, VATTIYOORKAVU, THIRUVANANTHAPURAM. 3. THE FOREST RANGE OFFICER, FOREST RANGE OFFICE, PALODE P.O. THIRUVANANTHAPURAM. 4. NANDYODU GRAMA PANCHAYATH, NANDIYODU PALODE PACHA P.O., THIRUVANANTHAPURAM REPRESENTED BY IT SECRETARY. 5. THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM. 6. THE DISTRICT MEDICAL OFFICER, THIRUVANANTHAPURAM. 7. K.JAYAKUMAR, PROPRIETOR, MODERN WOOD INDUSTRIES, PALODE PACHA P.O. THIRUVANANTHAPURAM. R7 BY ADV. SRI.D.SAJEEV R4 BY ADV.SRI.M.RAJAGOPALAN NAIR R1,R2, R3 & R6 BY SPL. GOVT.PLEADER MR.M.P.PRAKASH R5 BY ADV.MR.M.K.CHANDRAMOHAN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.37117 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 26th February, 2008 JUDGMENT Heard both sides. There is controversy in this case as to whether NOC from the forest department is necessary in the matter of renewal of licence which is already granted by the Panchayat in favour of the 7th respondent for the period up to 11.5.2008. While, the learned counsel for the petitioner submits that NOC is absolutely necessary, learned counsel for the 7th respondent would submit that since the petitioner is conducting the saw mill on the strength of Ext.R7(e) judgment of this court in O.P.No.1648/99, there is no necessity at all for the petitioner to produce NOC from the forest department when the Panchayat considers application for licence. According to him, if the forest department was of the opinion that such an NOC is necessary, it was for that authority to issue notice to the 7th respondent and take appropriate action. But the stand taken by the Forest Range Officer is different. The Forest Range Officer in his statement relies on Ext.R3(b) Government Order which says that as regards Saw mill situated within 5 K.M. radius of reserve forest (7th respondent's saw mill is one such saw mill), it is necessary that every year NOC is issued by the Forest Department should be got renewed. According to the 7th respondent, 7th respondent is applying for W.P.C.No.37117/07 - 2 - renewal of NOC every year but the Forest Department has not considered the same since it is on the strength of the judgment of this court that the mill is conducted. Having regard to the rival submissions addressed at the Bar, I am of the view that the Writ Petition can be disposed of with the following directions: Since Ext.R7(d) already is issued by the Panchayat in favour of the 7th respondent expires on 31.3.2008, the 7th respondent will be permitted to conduct the saw mill upto that date. Once the 7th respondent applies to the Panchayat for renewal of licence after 31.3.2008, the Panchayat will issue hearing notice to the petitioner and the Panchayat will seek the opinion of the third respondent and take a decision. Decision will be taken on the prospective application for renewal of licence only on the basis of the hearing and the opinion given by the third respondent regarding the necessity of obtainment of a renewal for the NOC which had been issued by them earlier for the conduct of the saw mill. In the meanwhile, the 7th respondent will produce copy of the orders passed by the Divisional Forest Officer pursuant to the directions issued by this court in W.P.C.No.1245 of 2008. The Writ Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE W.P.C.No.37117/07 - 3 -