IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 18887 of 2011(I) -------------------------------------- PETITIONER(S): ------------------------ 1. P.SUDHAKARA MENON , 'SUDHA SAW MILL', VARANTHARAPPILLY, MUKUNDAPURAM ,THRISSUR. 2. C.P.JOSE, 'CHOONDAKKARAN INDUSTRIES', ARANTHARAPPILLY, MUKUNDAPURAM ,THRISSUR. 3. M.O.ANTONY, S/O.OUSEPH, MARY MATHA SAW MILL, VARAKKARA PO,ALAGAPPA NAGAR, THRISSUR. BY ADV. SRI.M.C.JOHN RESPONDENT(S): ---------------------------- 1. THE CHIEF CONSERVATOR OF FORESTS (SPECIAL AFRORESTATION) & NODAL OFFICER, FOREST HEAD QUARTERS, VAZHUTHACAUD THIRUVANANTHAPURAM 695 014. 2. THE DIVISIONAL FOREST OFFICER, CHALAKUDY, THRISSUR DISTRICT 680 307. 3. THE FOREST RANGE OFFICER, PALAPPILLY RANGE, CHALAKUDY 680 307, THRISSUR DISTRICT. R1 TO R3 BY SPL. GOVERNMENT PLEADER SRI. P.M.POULOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18887/2011 I APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE POSSESSION CERTIFICATE NO.C NO.2478/06 DTD.20/6/2006 ISSUED BY THE VILLAGE OFFICER. P2: COPY OF THE FACTORY LICENCE NO.NIJK 12/229/88 DTD. 24/01/1988 ISSUED BY THE JOINT DIRECTOR OF FACTORIES & BOILERS. P2(A): COPY OF THE RENEWED LICENCE DTD. 15/12/2010. P3: COPY OF THE PANCHAYAT LICENCE FOR 2006 DTD. 08/03/2006. P3(A): COPY OF THE PANCHAYAT LICENCE FOR 2007 DTD. 26/10/2007. P3(B): COPY OF THE PANCHAYAT LICENCE DTD. 31/03/2008. P3(C): COPY OF THE PANCHAYAT LICENCE DTD. 07/02/2009. P4: COPY OF THE LETTER DTD. 02/03/2010 OF THE PRL.SECRETARY LOCAL ADMINISTRATION DEPARTMENT. P4(A): COPY OF THE PROFESSION TAX RECEIPT DTD. 18/02/2010. P4(B): COPY OF THE RECEIPT FOR 2010-11 LICENCE DTD. 18/02/2010. P5: COPY OF THE COMMUNICATION DTD. 04/11/2010 ISSUED BY THE 1ST RESPONDENT. P6: COPY OF THE VERIFICATION REPORT DTD. 27/05/2010. P7: COPY OF THE FACTORY LICENCE DTD. 20/11/1988. P7(A): COPY OF THE FACTORY LICENCE DTD. 04/02/2008 IN THE NAME OF THE 2ND PETITIONER. P7(B): COPY OF THE FACTORY LICENCE DTD. 15/12/2010. P8: COPY OF THE SSI REGISTRATION CERTIFICATE DTD. 05/01/1982. P9: COPY OF THE PANCHAYAT LICENCE FOR 2004-05. P9(A): COPY OF THE PANCHAYAT LICENCE FOR 2007-2008. Kss ..2/- ..2.... WPC.NO.18887/2011 I P10: COPY OF THE REPORT DTD. 03/05/2011. P11: COPY OF THE POSSESSION CERTIFICATE DTD. 24/03/2010 ISSUED BY THE VILLAGE OFFICER. P12: COPY OF THE SSI REGISTRATION CERTIFICATE DTD. 28/07/1992. P13: COPY OF THE CHALAN RECEIPT FOR FACTORY LICENCE. P14: COPY OF THE PANCHAYAT LICENCE DTD. 29/01/1997. P15: COPY OF THE CONSENT ISSUED BY THE BOARD. P16: COPY OF THE N.O.C. DTD. 01/10/1991. P16(A): COPY OF THE REPLY NO.C.A.3-3129/98 DTD. 09/07/1998 ISSUED BY SECOND RESPONDENT. P17: COPY OF THE ACKNOWLEDGEMENT DTD. 17/12/2010 ISSUED BY 1ST RESPONDENT. P18: COPY OF THE STOP MEMO NO.CA3-3188/11 DTD. 05/07/2011 ISSUED BY THE 2ND RESPONDENT TO 1ST PETITIONER. P18(A): COPY OF THE STOP MEMO NO.CA3.3188/11 DTD. 05/07/2011 ISSUED TO THE 2ND PETITIONER. P18(B): COPY OF THE STOP MEMO NO.CA3-3188/11 DTD. 05/07/2011 ISSUED TO 3RD PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ================ W.P.(C) NO. 18887 OF 2011 (I) ===================== Dated this the 20th day of July, 2011 J U D G M E N T This writ petition involves three petitioners. They are aggrieved by Exts.P18, P18(a) and P18(b) notices of closure issued by the 2nd respondent. 2. As far as the first petitioner is concerned, Ext.P2 factory licence shows that the saw mill has been granted licence as early as on 24/01/88. This licence is renewed upto 31/12/11. Ext.P3 series are the licences obtained from the Panchayat for the period from 2006. For the subsequent period of renewal also, although licence has not been renewed on the basis of Ext.P4, according to the petitioner, fee has been paid. While so, first petitioner made an application for NOC, which has been acknowledged by Ext.P5 and P6 is the verification report indicating the existence of the saw mill prior to 30/10/2002. It is at that stage petitioner was issued Ext.P18 notice of closure. 3. In so far as the second petitioner is concerned, Ext.P7 is the factory licence obtained on 24/11/88, which has been renewed periodically up to 31/12/11. Ext.P8 is the SSI WPC No. 18887/11 :2 : Registration obtained on 5/1/82 and Ext.P9 is the licence obtained from the Panchayath. Meanwhile, second petitioner also made application for NOC on which verification has been conducted and report thereof is Ext.P10. This report also shows the existence of the unit prior to 30/10/2002. It was while so that second petitioner was issued Ext.P18(a) notice of closure. 4. Coming to the case of the third petitioner, Ext.P12 SSI registration certificate is of 28/7/1992. Ext.P16 is the NOC issued by the Divisional Forest Officer, which is dated 1/10/91. Meanwhile, licence has been obtained by the petitioner from the Panchayath, copy of which is Ext.P14. Third petitioner also made application for NOC, which has been acknowledged as per Ext.P17. Orders have not been passed . It is at that stage he was issued Ext.P18(b) notice of closure. 5. Thus the prima facie materials produced by the petitioners show the existence of the saw mills prior to 30/10/2002. In view of the above and as the applications for NOC are pending consideration of the 1st respondent, I am inclined to think that the notices of closure evidenced by Ext.P18 series were unwarranted. WPC No. 18887/11 :3 : Therefore, I dispose of this writ petition directing the 1st respondent to pass orders on the applications made by the petitioners herein for NOCs. This shall be done, as expeditiously as possible. It is directed that until orders are so passed and communicated, further proceedings pursuant to Exts.P18, P18(a) and P18(b) shall be kept in abeyance. ANTONY DOMINIC, JUDGE Rp