IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 16783 of 2008(W) -------------------------- PETITIONER: ------------ MARAMATTATHIL KURIACHAN, S/O.JOSEPH, CHUNKAMKUNNU P.O., KOTTIYOOR AMSOM, KANNUR. BY ADV. SRI.M.SASINDRAN RESPONDENTS: ------------- 1. DIVISIONAL FOREST OFFICER, KANNUR DIVISION, KANNUR. 2. KOTTIYOOR GRAMA PANCHAYATH, KOTTIYOOR, KANNUR-670 674, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.NARAYANAN FOR R2 SPECIAL GOVT. PLEDER SHRI.RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 16783/08. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE APPLICATION FOR SSI REGISTRATION. P2. COPY OF THE NOC ISSUED BY R1 DTD.21.10.05. P3. COPY OF THE LICENCE DTD.26.5.08. P4. COPY OF THE REQUEST DTD.13.2.08. P5. COPY OF THE COMMUNICATION DTD.11.3.08 BY R1. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.16783 of 2008 ================== Dated this the 1st day of September, 2008 J U D G M E N T The petitioner runs an industry called, “St.Mary's Furniture Industries” at Chunkakunnu in Kannur District. As the name suggests it is a furniture industry. At the time of commencement of the unit, the installed machinery had the capacity of 45 HP. The petitioner wants to instal additional machinery. Since, for the same the petitioner has to obtain a No Objection Certificate from the Forest Department, he applied for the same. By Ext.P5, the same has been rejected by the Divisional Forest Officer. It is under the above circumstances the petitioner has approached this Court seeking the following reliefs: “i) to call for the records leading to Exhibit P5 and quash the same by issuing a writ of certiorari; ii) issue a writ of mandamus directing the 1st respondent to grant NOC to the petitioner for installing additional machinery having the capacity of 45HP in his existing industrial unit; iii) issue a writ of mandamus directing the 2nd respondent to issue licence to the petitioner for the installation of additional machinery having the capacity of 45 HP in the existing unit; iv) to declare that there is no prohibition for issuing NOC for additional machinery in an existing industrial unit by the Forest 2 Department and the rejection of NOC by the 1st respondent is arbitrary and illegal.” 2. The learned Special Government Pleader (Forest) submits that the State Level Empowered Committee, appointed as per the decision of the Supreme Court of India, is empowered to consider such claims and therefore, the petitioner may approach the State Level Empowered Committee for the purpose. In the above circumstances, I dispose of this writ petition with the following directions: If the petitioner files an appropriate application for NOC before the State Level Empowered Committee, the said Committee shall consider and pass orders on the same, as expeditiously as possible, at any rate, within three months from the date of receipt of the application. The petitioner shall produce a copy of the writ petition and a certified copy of this judgment along with the application before the State Level Empowered Committee for compliance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3