IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WP(C).No. 38052 of 2010(F) -------------------------------------- PETITIONER: ------------------- V.O.JOSEPH, VALAYANATTU HOUSE, NELLICKONAM P.O., RANNI, PATHANAMTHITTA DISTRICT. BY ADV. SRI.T.I.ABDUL SALAM. RESPONDENT: ---------------------- RANNI-ANGADI GRAMA PANCHAYAT, ANGADI P.O., RANNI, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS SECRETARY, PIN -689 674. BY ADVS. SRI.P.B.SAHASRANAMAN, SRI.T.S.HARIKUMAR, SRI.K.JAGADEESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.38052/2010-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE OF REGISTRATION DTD. 27/02/1987 ISSUED BY THE DISTRICT INDUSTRIES CENTRE, PATHANAMTHITTA. EXT.P.2: COPY OF THE LICENCE NO.4 OF 1989-90 DTD. 28/02/1989 ISSUED BY THE RESPONDENT. EXT.P.3: COPY OF THE LICENCE DTD. 30/07/2010 ISSUED BY THE DEPARTMENT OF FACTORIES AND BOILERS, KOLLAM TO THE PETITIONER. EXT.P.4: COPY OF THE APPLICATION FOR N.O.C. DT.D 23/06/2010 WITH ALL DOCUMENTS SUBMITTED BY THE PETITIONER BEFORE STATE EMPOWERED COMMITTEE, THIRUVANANTHAPURAM. EXT.P.5: COPY OF THE NOTICE DTD. 23/11/2010 ISSUED BY THE RESPONDENT TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.38052 of 2010 ---------------------------- Dated 18th July, 2011 JUDGMENT The petitioner is the proprietor of M/s. Saw Well Timber Industries, Angadi in Pathanamthitta District. This writ petition has been filed mainly challenging Ext.P5 which is a notice requiring the petitioner to produce No Objection Certificate (NOC) from the Forest Department or to close down the unit. Subsequent to the institution of this writ petition, the Forest Department issued a notice requiring the petitioner to close down the unit for want of NOC from the State Level Empowered Committee. The said order was challenged by the petitioner by filing W.P.(C)No.18369 of 2011. The said writ petition was disposed of along with certain other connected matters as per the common judgment dated 8.7.2011. As per the said common judgment the Chief Conservator of Forests who is the competent authority to deal with the applications for NOC was directed to consider the applications submitted by the petitioners, including the petitioner herein, and pass appropriate orders thereon and to communicate the same to the petitioners. Further it was directed thereunder that till orders are passed and communicated to the petitioners status quo prior to the issuance of notice of closure should be maintained. Thus, it is obvious WP(C).No.38052/2010 2 that in the light of the said judgment of this Court in W.P.(C)No.18369 of 2011 this Court directed the respondents to maintain status quo which would enable the petitioner to continue to run the wood based industry till an order is passed on his application for NOC in terms of the judgment in W.P.(C)No.18369 of 2011. When this matter came up for admission on 23.12.2010 this Court passed an interim order staying all further proceedings pursuant to Ext.P5 for a period of two months. That order was extended from time to time and it is still in force. In view of the said position obtained in this case, I am inclined to dispose of this writ petition in the light of the judgment in W.P.(C)No.18369 of 2011. It is made clear that in terms direction in the said judgment the petitioner is entitled to run the wood based industry till orders are passed and communicated to the petitioner on his application for NOC in terms of the judgment in W.P.(C)No.18369 of 2011. Sd/- C.T.RAVIKUMAR Judge TKS