IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 13508 of 2011(K) --------------------------------------- PETITIONER(S): ------------------------ UMMER V., MANAGING PARTNER, HASEENA WOOD INDUSTRIES, KARIMBUMMAL, PANAMARAM, WAYANAD DISTRICT. BY ADV. SRI.RAFFEEKH.K RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST THIRUVANANTHAPURAM.PIN-695 001 2. THE CHIEF CONSERVATOR OF FOREST, SPECIAL FORESTATION & NODAL OFFICER, VAZHUTHAKKAD, THIRUVANANTHAPURAM.PIN-695 001 3. THE RANGE OFFICER, FOREST RANGE OFFICE, MANANTHAVADY RANGE, WAYANAD DISTRICT.674 648 BY SPECIAL GOVERNMENT PLEADER SRI.BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- WP(C)NO.13508/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE LICENCE DATED 1/11/1989 ISSUED BY THE PANAMARAM PANCHAYAT. P2 COPY OF THE NO OBJECTION CERTIFICATE DATED 29/8/1986, ISSUED BY THE DIVISIONAL FOREST OFFICE, SPECIAL DIVISION, TELLICHERY. P3 COPY OF THE REMINDER APPLICATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 7/2/2011. P4 COPY OF THE VERIFICATION REPORT PREPARED BY THE 3RD RESPONDENT AND THE FORESTER, SOCIAL FORESTRY DEPARTMENT, MANANATHAVADY. P5 COPY OF THE NOTICE DATED 7/5/2011 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.R.RAMACHANDRA MENON, J. - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No. 13508 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17h day of June, 2011 J U D G M E N T The petitioner has approached this Court seeking to set aside Ext.P5 notice issued by the third respondent, whereby, the petitioner has been directed to remove all the machinery above 50 horsepower, which according to the petitioner was installed with permission and was being operated accordingly. 2. The case of the petitioner is that the petitioner's Plywood Manufacturing Unit was being operated from the year 1989 onwards, on the basis of valid licence issued by the concerned authorities. It is stated that the requisite NOC was also issued by the DFO, as borne by Ext.P2 dated 29/08/1996. The petitioner, admittedly was running the Unit only with the machinery up to 50 HP, which capacity was sought to be enhanced, by submitting an application in the year 2008, as stated in paragraph (4) of the writ petition. It is the case of the petitioner that, such application is under consideration and the verification is already over, W.P.(C) No.13508 of 2011(K) -: 2 :- despite which, the third respondent has issued Ext.P5, sought to be intercepted by filing the present writ petition. 3. Heard the learned Government Pleader as well. Going by the materials on record, it is the admitted case of the petitioner that the petitioner sought for permission to operate the Unit on the strength of machinery above 50 HP only in the year 2008 and that the permission is still to be obtained. In the case of Plywood Manufacturing Units, by virtue of the law declared by the Supreme Court decision in Godavarman Thirumulpad v. Union of India (AIR 1997 SC 1228), it is clear that any Unit after 30/10/2002 shall be run and operated only subject to the licence to be issued by the concerned State Level Empowered Committee. This being the position, the petitioner, though can operate the Unit (since it was a Unit much prior to the cut of date on 30/10/2002) he can't operate any machinery above 50 HP capacity, till proper NOC is obtained. In the above circumstances, this Court does not find any reason to interfere on Ext.P5. The writ petition is disposed of, directing the competent authority to pursue the proceedings pursuant to Ext.P4 and W.P.(C) No.13508 of 2011(K) -: 3 :- pass final orders with regard to the request for granting NOC for using machinery above 50 HP in the next meeting itself. It is made clear that the petitioner can be permitted to make use of the machinery only up to the limit of 50 HP as sanctioned earlier, till such time. Sd/- P.R.RAMACHANDRAN MENON JUDGE //TRUE COPY// P.A. TO JUDGE krj