IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 WP(C).No. 1087 of 2010(I) ------------------------------------ PETITIONER: ------------------- ANICE MATHEW, PROPRIETOR, ST.MARY'S WOOD WORKS, KOLAPRA, KUDAYATHOOR, THODUPUZHA. BY ADVS. MR.MATHEW JOHN (K), MR.AJEESH K.SASI. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST, SECRETARIAT, TRIVANDRUM. 2. THE CENTRAL EMPOWERED COMMITTEE CONSTITUTED BY THE SUPREME COURT OF INDIA, ROOM NO.106, PARYAVARAN BHAVAN, C.G.O.COMPLEX, LODHI ROAD, NEW DELHI - 110 003, REPRESENTED BY ITS MEMBER SECRETARY. 3. THE DIVISIONAL FOREST OFFICER, KOTHAMANGALAM. 4. THE SECRETARY, KUDAYATHOOR GRAMA PANCHAYATH, KUDAYATHOOR POST, THODUPUZHA - 685 590. *ADDL.R5 IMPLEADED: 5. THE CHIEF FOREST CONSERVATOR, (SPECIAL AFORESTATION AND NODEL OFFICER, CONVENER, STATE LEVEL COMMITTEE THIRUVANANTHAPURAM. *ADDL.R5 IS IMPLEADED AS PER ORDER DATED 25/01/2010 IN I.A. NO.1035/2010. R1 & R3 BY GOVT. PLEADER MR. M.H. HANIL KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.1087 OF 2010 --------------------------------------- Dated this the 25th day of January, 2010. J U D G M E N T The petitioner is the Proprietor of St.Mary's Wood Works, Kolapra, Kudayathoor in Thodupuzha. The petitioner is aggrieved by the stop memo issued by the Panchayath as per Exhibit P9 in the light of the fact that No Objection Certificate has not been issued so far by the Forest Department. 2. It is the case of the petitioner that the unit has been functioning uninterruptedly from 1981 onwards. The petitioner has already moved the Central Empowered Committee seeking for grant of NOC. The said application has been produced as Exhibit P6 here. It is routed through the State Level Committee. A copy of the inspection report has been produced as Exhibit P8. 3. It is trite law, going by the decisions of the Apex Court, that without NOC from the Forest Department, the unit cannot function and in respect of units which are not having NOC prior to 30.10.2002, they will have to get the same from the State Level W.P.(C) No.1087/2010 2 Committee. In that view of the matter, as the application is still pending before the State Level Empowered Committee, there will be a direction to the State Level Committee for wood based industries to process the application and finalise the same within a period of three months from the date of production of a copy of this judgment. The petitioner will produce a copy of this judgment along with copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp