IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 18730 of 2011(M) ---------------------------------------- PETITIONER(S): ----------------------- V. KRISHNAKUMAR, S/O.K. VIJAYAN MENON, BROTHERS WOOD INDUSTRY, KUMBALAKODU, ELAVANCHERRY, PALAKKAD. BY ADV. SRI.M.C.JOHN RESPONDENT(S): -------------------------- 1. THE CHIEF CONSERVATOR OF FORESTS (SPECIAL AFFORESTATION) & NODAL OFFICER, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014. 2. THE DIVISIONAL FOREST OFFICER, NEMMARA, PALAKKAD-678 008. 3. THE FOREST RANGE OFFICER, KOLLANKODE RANGE, NEMMARA DIVISION, NEMMARA-678 508. R1 TO R3 BY GOVT. PLEADER MR.BENNY VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 18730 of 2011(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LOCATION CERTIFICATE DATED 13/06/2011 ISSUED BY THE VILLAGE OFFICER. EXT.P2: COPY OF THE POSSESSION CERTIFICATE DATED 13/06/2011 ISSUED BY THE VILLAGE OFFICER. EXT.P3: COPY OF THE BASIC TAX RECEIPT DATED 14/06/2011. EXT.P4: COPY OF THE OWNER SHIP CERTIFICATE DATED 14/06/2011 ISSUED BY THE PANCHAYAT. EXT.P5: COPY OF THE SALE DEED NO.1614/2010 DATED 29/03/2010. EXT.P6: COPY OF THE JUDGMENT DATED 18/06/2007 IN W.A. NO. 1322/2007. EXT.P7: COPY OF THE LETTER DATED 16/06/2008 ISSUED BY THE 1ST RESPONDENT TO THE APPLICANT. EXT.P8: COPY OF THE NOTICE DATED 14/07/2010 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P9: COPY OF THE LETTER NO.2184/RC3/10/LAD DATED 02/03/2010. EXT.P10: COPY OF THE STOP MEMO/NOTICE NO.K/1-96/06 DATED 07/07/2011 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 18730 OF 2011 ----------------------------------------------------- Dated this the 21st day of July, 2011 J U D G M E N T Petitioner purchased a saw mill as per Ext.P5 sale deed dated 29.3.2010. It is stated that his predecessor in interest had made an application for NOC, and that the same is pending consideration of the first respondent. According to the petitioner, he has now been issued Ext.P10 notice of closure on the basis that the Unit does not have NOC issued by the 1st respondent. 2. The petitioner has placed nothing on record to indicate that the Unit was in existence as on 30.10.2002. Even otherwise Ext.P5 sale deed of the petitioner also shows that even his predecessor in interest purchased the mill in question by sale deed No.3753 of 2008. In such circumstances in the absence of any materials indicating existence of saw mill as prior to 30.10.2002, I do not think W.P.(C) No. 18730 OF 2011 :2 : this court will be justified in interfering with Ext.P10 notice. In that view of the matter, the writ petition is disposed of with a direction to the first respondent before whom the NOC application in relation to the saw mill of the petitioner is pending, to expedite the matter and pass orders thereon. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge