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. 20048 of 2011(E) --------------------------------------- PETITIONER(S): ----------------------- C.V. RAPPAI, MANAGING PARTNER C.V. BAND SAW MILL & TIMBER INDUSTRIES, NJELLOOR, KALLOOR, THRISSUR. BY ADV. SRI.AUGUSTINE JOSEPH, SRI.K.S. ROCKEY. RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY FORESTS AND WILD LIFE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEAD QUARTERS, VAZHUTHAKAD, THIRUVANANTHAPURAM-695 001. 3. THE DIVISIONAL FOREST OFFICER CHALAKUDY, THRISSUR- 680 001. R1 TO R3 BY SR. SPL. GOVT. PLEADER MR.BENNY VARGHESE. 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. 20048 of 2011(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RECEIPT FROM THE PANCHAYATH ISSUED FOR THE LICENSE FOR THE YEAR 1982-83. EXT.P2: COPY OF THE CERTIFICATE OF REGISTRATION DATED 31/10/1985. EXT.P3: COPY OF THE CERTIFICATE DATED 09/03/2010 FROM THE PRESIDENT OF THE PANCHAYATH. EXT.P4: COPY OF THE CERTIFICATE ISSUED FROM THE 3RD RESPONDENT DATED 16/07/1994. EXT.P5: COPY OF THE LICENSE ISSUED FROM THE PANCHAYATH DATED 15/03/1997. EXT.P6: COPY OF THE LETTER DATED 02/12/1998 FROM THE 3RD RESPONDENT. EXT.P7: COPY OF THE JUDGMENT DATED 27/04/2004 IN O.P. NO. 25456/1998. EXT.P8: COPY OF THE APPLICATION FOR REPORT DATED 04/05/2011. EXT.P9: COPY OF THE STOP MEMO DATED 05/07/2011 FROM THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs ANTONY DOMINIC, J ....................................................... W.P.(C).20048/2011 .............................................. Dated this the 2nd day of August, 2011 JUDGMENT 1. Petitioner is aggrieved by Ext.P9 notice of closure requiring him to close down his saw mill on the basis that the saw mill does not possess NOC issued by the second respondent. 2. According to the petitioner, the mill known as “C.V.Band Saw Mill & Timber Industries” obtained certificate of registration evidenced by Ext.P2 dated 3.10.1985. Exts.P1 and P3 show that the mill was issued Panchayat licence which was renewed on a periodical basis. In the meanwhile, Petitioner made an application for NOC and Ext.P8 is the verification report which also confirms the existence of the mill prior to 30.10.2002. It was while so that Ext.P9 notice of closure was issued, which is under challenge in this writ petition. 3. In my view, in view of the prima facie materials indicating existence of the mill prior to 30.10.2002 and also the pendency of W.P.(C).20048/11 2 the application made by the petitioner for NOC, notice of closure issued at this stage is unwarranted. 4. Therefore, I dispose of this writ petition directing that the second respondent will pass orders on the NOC application made by the petitioner and communicate their decision, without any delay. Until then, status quo as on date will be permitted to continue provided, the activities in the saw mill shall be confined to those permitted by the licence issued by the Panchayat concerned. ANTONY DOMINIC, Judge mrcs