IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 WP(C).No. 19919 of 2011(L) ---------------------------------------- PETITIONER(S): ------------------------ 1. K. MOHAMMED KUTTY, BISMILLA SAW MILL, KARIPPANKADU, NARIPOTTA, KUNISSERY, ALATHUR TALUK, PALAKKAD. 2. C. MOHANAN,S/O.CHAMIKUTTY, VASUDEVA SAW MILL, CHERANAD, ERIMAYUR, PALAKKAD. *3. K.A.RADHAKRISHNAN,S/O.AYYAPPAN, S/O.AYYAPPAN, RADHAKRISHNA SAW MILL, PAZHATHARA,THENKURISSI, PALAKKAD. *(CORRECTED) * THE 3RD PETITIONER'S ADDRESS THE NAME OF HIS SAW MILL IS CORRECTED AS ''SREEKRISHNA'' INSTEAD OF ''RADHAKRISHNA'' AS PER ORDER DATED 02/08/2011 IN I.A. NO.12449/2011. 4. V. NOOR MOHAMMED RAWTHER, S/O.VELLAPPA RAWTHER, JABBER SAW MILL, ANCHATHANI, THENKURISSI, PALAKKAD. 5. SATHEERATNAM AMMA, DEVI SAW MILL, MILL ROAD, KEETHANUR, PALAKKAD. 6. C. KUTTAPPAN, SANTHOSH SAW MILL, VAVULLYAPURAM, ALATHUR, PALAKKAD. 7. C. HANEEFA, BROTHERS SAW MILL, ANJATHANI, THENKURISSI, PALAKKAD. 8. S. SAFARULLA, S/O.ASSAN MOHAMMED, MVS SAW MILL, MEPADAM, THENKURISSI, PALAKKAD. 9. M. SIVANARAYANAN, S.M.C. SAW MILL, PADUR P.O., ALATHUR, PALAKKAD. WP(C).No. 19919 of 2011(L) 10. M. KABEER, SHAMEER SAW MILL, VAVULLAPURAM, KAZHANI P.O., KAZHANICHUNGAM, ALATHUR, PALAKKAD. 11. O.A. MANI, S/O.APPU, S.S. SAW MILL, KALAYAMPARAMBU, ERIMAYUR, PALAKKAD. 12. M.A. SHAHUL HAMEED, SUBAIDA SAW MILL, THACHANADI, PUDUKODE, PALAKKAD. 13. M.R. VIJAYASANKARAN, M.S.R. SAW MILL, CHEMBRAKULAM, KOTTAYI P.O., PALAKKAD. 14. K. NOOR MOHAMMED, JEREENA SAW MILL, VEMBALLUR, KURISSERY, ALATHUR, PALAKKAD. BY ADV. SRI.M.C.JOHN RESPONDENT(S): --------------------------- 1. THE CHIEF CONSERVATOR OF FORESTS, (SPECIAL AFFORESTATION) & NODAL OFFICER, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM- 695 014. 2. THE DIVISIONAL FOREST OFFICER, NENMARA DIVISION, PALAKKAD- 678 506. 3. THE FOREST RANGE OFFICER, ALATHUR , PALAKKAD- 678 682. R1 TO R3 BY GOVT. PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 19919 of 2011(L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NO OBJECTION CERTIFICATE (NOC) NO.01-2455/97 DATED 21/04/1997. EXT.P2: COPY OF THE RECEIPT DATED 30/11/1998 ISSUED BY THE ERIMAYUR GRAMA PANCHAYAT. EXT.P2(a): COPY OF THE RECEIPT DATED 31/03/2001 ISSUED BY THE PANCHAYAT. EXT.P3: COPY OF THE FACTORY LICENCE DATED 27/11/2010. EXT.P4: COPY OF THE VERIFICATION REPORT DATED 28/04/2011. EXT.P5: COPY OF THE STOP MEMO NOTICE NO.A1-938/08 DATED 07/07/2011 ISSUED BY THE 3RD RESPONDENT. EXT.P6: COPY OF THE RECEIPT DATED 26/02/1976 ISSUED BY THE PANCHAYAT. EXT.P6(a): COPY OF THE PANCHAYAT LICENCE DATED 31/01/1997. EXT.P6(b): COPY OF THE PANCHAYAT RECEIPT DATED 22/02/2001. EXT.P6(c): COPY OF THE LICENCE FEE RECEIPT DATED 26/06/2008. EXT.P7: COPY OF THE VERIFICATION REPORT DATED 28/05/2010. EXT.P8: COPY OF THE N.O.C. NO.E1-6577/07 DATED 18/12/2007 ISSUED BY THE 2ND RESPONDENT. EXT.P9: COPY OF THE FACTORY LICENCE NO.N/PGT/(S)09/431/88 DATED 27/11/2010. EXT.P10: COPY OF THE RECEIPT DATED 30/03/2002 ISSUED BY THE THENKURISSI PANCHAYAT. EXT.P10(a): COPY OF THE SSI REGISTRATION CERTIFICATE DATED 05/06/1991. EXT.P10(b): COPY OF THE PANCHAYAT LICENSE DATED 02/04/1993. EXT.P10(c): COPY OF THE VERIFICATION REPORT DATED 26/05/2010. EXT.P11: COPY OF THE FACTORY LICENCE DATED NIL. EXT.P12: COPY OF THE PANCHAYAT LICENCE DATED 28/11/1994. EXT.P12(a): COPY OF THE PANCHAYAT LICENCE DATED 03/11/2000. (P.T.O.) WP(C).No. 19919 of 2011(L) EXT.P13: COPY OF THE NOC ISSUED BY THE 2ND RESPONDENT DATED 29/12/2007. EXT.P14: COPY OF THE VERIFICATION REPORT DATED 26/05/2010. EXT.P15: COPY OF THE FACTORY LICENCE NO.N/PGT(S)/09/89/88 DATED 17/12/88. EXT.P16: COPY OF THE RECEIPT DATED 01/03/1995 FOR RENEWAL OF LICENCE ISSUED BY THE PANCHAYAT. EXT.P16(a): COPY OF THE PANCHAYAT LICENCE DATED 03/11/1998. EXT.P17: COPY OF THE VERIFICATION REPORT DATED 25/05/2010. EXT.P18: COPY OF THE SSI REGISTRATION DATED 25/09/1991. EXT.P19: COPY OF THE FACTORY LICENCE NO.N/PGT/S/09/908/94 DATED 23/08/1994. EXT.P20: COPY OF THE VERIFICATION REPORT DATED 26/05/2010. EXT.P21: COPY OF THE FOREST NOC DATED 18/05/2005 ISSUED BY THE 2ND RESPONDENT. EXT.P22: COPY OF THE FACTORY LICENCE NO.N/PGT(S)/09/1413/01 DATED 02/05/2001. EXT.P22(a): COPY OF THE VERIFICATION REPORT DATED 26/05/2010. EXT.P23: COPY OF THE LICENCE FEE RECEIPT DATED 23/02/1980 ISSUED BY THE THENKURISSI PANCHAYAT. EXT.P23(a): COPY OF THE LICENCE FEE RECEIPT DATED 19/05/2001 ISSUED BY THE PANCHAYAT. EXT.P24: COPY OF THE RELEVANT PAGES OF THE FACTORY LICENCE NO.N/PGT (S)/09/359/88 DATED 17/10/88. EXT.P25: COPY OF THE VERIFICATION REPORT DATED 28/06/2011. EXT.P26: COPY OF THE FOREST NOC ISSUED BY THE 2ND RESPONDENT DATED 09/07/2004. EXT.P27: COPY OF THE PANCHAYAT LICENCE DATED 30/03/2002 ISSUED BY THE THENKURISSI PANCHAYAT. EXT.P28: COPY OF THE VERIFICATION REPORT DATED 28/04/2011. EXT.P29: COPY OF THE FACTORY LICENCE NO.N/PGT(S)09/995/95 DATED 03/03/2008. (P.T.O.) WP(C).No. 19919 of 2011(L) EXT.P30: COPY OF THE PANCHAYAT LICENCE DATED 18/01/1997. EXT.P31: COPY OF THE FOREST NOC DATED 09/07/2004 ISSUED BY THE 2ND RESPONDENT. EXT.P32: COPY OF THE VERIFICATION REPORT DATED 26/04/2011. EXT.P33: COPY OF THE TRUE COPY OF N.O.C. NO.01-6511/98 DATED 14/10/1998 ISSUED BY THE 2ND RESPONDENT. EXT.P34: COPY OF THE LICENCE FEE RECEIPT DATED 27/02/2001 ISSUED BY THE THAVOOR PANCHAYAT. EXT.P35: COPY OF THE FACTORY LICENCE NO.N/PGT(S) 09/1327/99 DATED 16/08/2010. EXT.P36: COPY OF THE VERIFICATION REPORT DATED 26/04/2011. EXT.P37: COPY OF THE PANCHAYAT LICENCE DATED 11/10/1990. EXT.P37(a): COPY OF THE LICENCE FEE RECEIPT DATED 28/02/1995. EXT.P37(b): COPY OF THE LICENCE FEE RECEIPT DATED 21/07/2001. EXT.P37(c): COPY OF THE PANCHAYAT LICENCE DATED 24/04/2006. EXT.P38: COPY OF THE VERIFICATION REPORT DATED 24/05/2010. EXT.P39: COPY OF THE SSI REGISTRATION DATED 26/02/1982. EXT.P40: COPY OF THE FOREST NOC DATED 28/08/2006 ISSUED BY THE 2ND RESPONDENT. EXT.P41: COPY OF THE CERTIFICATE DATED 10/05/2011 ISSUED BY THE PULLUCODE GRAMA PANCHAYAT. EXT.P42: COPY OF THE FACTORY LICENCE DATED 03/03/2008. EXT.P43: COPY OF THE VERIFICATION REPORT DATED 26/04/2011. EXT.P44: COPY OF THE NOC DATED 19/04/1993. EXT.P45: COPY OF THE SSI REGISTRATION CERTIFICATE DATED 30/03/1994. EXT.P46: COPY OF THE FACTORY LICENCE NO.N/PGT/(S)09/906/94 DATED NIL. EXT.P47: COPY OF THE LICENCE FEE RECEIPT DATED 19/03/1994 ISSUED BY THE PANCHAYAT. EXT.P48: COPY OF THE VERIFICATION REPORT DATED 25/05/2009. (P.T.O.) WP(C).No. 19919 of 2011(L) EXT.P49: COPY OF THE SSI REGISTRATION CERTIFICATE DATED 10/09/1992. EXT.P50: COPY OF THE PANCHAYAT LICENCE DATED 06/03/1992. EXT.P50(a): COPY OF THE PANCHAYAT LICENCE DATED 15/02/1999. **EXT.P50(b): COPY OF THE RECEIPT FOR LICENCE FEE DATED 22/03/2008. ** ''EXT.P50(b)'' PRODUCED ALONG WITH I.A. NO.12220/2011 IS CORRECTED AS ''EXT.P50(c)'' AS PER ORDER DATED 02/08/2011 IN I.A. NO.12449/2011. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs ANTONY DOMINIC, J --------------------------------------- W.P(C) No.19919 of 2011 ---------------------------------------- Dated this the 2nd day of August, 2011. J U D G M E N T The petitioners are the owners of Saw Mills, which are situated in Alathur Range, Palakkad District. 2. Their common grievance is against Ext.P5, a notice issued by the Forest Range Officer, directing to close down the Mills mainly on the ground that the Saw Mills have not obtained No Objection Certificates issued by the 1st respondent. 3. The materials produced in this writ petition indicate that the Mills in question have been established long prior to 30.10.2002 and are functioning on the basis of licences issued by the Panchayat, Factories and Boilers Department and also the No Objection Certificates obtained from the Divisional Forest Officer concerned. The petitioners have also made applications to the 1st respondent for obtaining No Objection Certificates. Verification into the applications has been conducted and Exts.P4, P7, P10(c), P14, P17, P20, P25, P28, P32, P36, P38, P43, P48 and P50(c) are the W.P(C) No.19919 of 2011 2 verification reports on the applications made by the petitioners. These reports also indicate that the Mills have been in existence prior to 30.10.2002. Thus, prima facie, the aforesaid materials indicate existence of the Mills prior to 30.10.2002 and the fact that the applications made by the petitioners for No Objection Certificates are also pending before the 1st respondent is also established. In such circumstances direction to close down the units for want of No Objection Certificate, in my view was unwarranted. 4. In such circumstances, I direct that the 1st respondent shall consider the applications for No Objection Certificates made by the petitioners in the light of the verification reports referred to above and pass orders thereon. It is directed that until the orders are so passed and communicated to the petitioners, Ext.P5 and such other notices shall not be enforced. However, it is clarified that the activities in the Mills of the petitioners shall be confined W.P(C) No.19919 of 2011 3 to those that are permissible in terms of the licences obtained by the petitioners from the Panchayat or the Factories and Boilers Department as the case may be. The Writ Petition is disposed of. ANTONY DOMINIC, JUDGE ab //True copy// P.A. To Judge