IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 29652 of 2009(B) -------------------------- PETITIONER(S): ---------------------- T.P.AKBER, S/O.LATE RASHEED AHMED, AGED 35 YEARS, PROPRIETOR, T.P.SAW MILL, VANIYAMBALAM, P.O. VANIYAMBALAM, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): ----------------------- 1. WANDOOR GRAMA PANCHAYAT,REPRESENTED BY ITS SECRETARY, WANDOOR, MALAPPURAM DSITRICT. 2. THE DIVISIONAL FOREST OFFICER, DISTRICT FOREST OFFICE, SOUTH NILAMBUR, MALAPPURAM DISTRICT. 3. THE STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF FOREST, SECRETARIATE, THIRUVANANTHAPURAM. SPL.GOVT.PLEADER SRI.PAULOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 29652 OF 2009 (B) ===================== Dated this the 29th day of March, 2010 J U D G M E N T The challenge in the writ petition is against Ext.P9. Petitioner is the owner of a saw mill. Ext.P7 is the last renewal of his licence, which was valid till 31/3/2009. He applied for renewal of licence. The application was rejected by Ext.P9 stating that the NOC he had produced was issued in 2001 and that, in terms of Government Order dated 15/11/1999, NOC has validity only for five years. 2. Admittedly, NOC which the petitioner has produced is Ext.P2, issued as early as on 5/7/2001. If that be so, going by the Government Order mentioned above, the stand taken in Ext.P9 cannot be faulted. True, the petitioner has a justification in as much as according to him, he was misled by Exts.P6 and P6(a). Even if it is so, having regard to the requirement of the Government Order, which provides that NOC will be valid only for five years, the application made by the petitioner relying on Ext.P2 NOC could not have been allowed. Therefore, Ext.P9 does not call for any interference. WPC No. 29652/09 :2 : 3. Be that as it may, it is directed that it will be open to the petitioner to move the State Level Committee for issuing NOC and on the strength of which the petitioner can move the 1st respondent for licence. 4. It is directed that if the petitioner moves an application for NOC before the State Level Committee within two weeks from today, the application will be considered and orders will be passed on an expeditious basis. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp