IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 33130 of 2008(R) -------------------------- PETITIONER(S): ------------------------ SHERLY JOSEPH,W/O.JOSEPH MANAYANICKAL,THODUPUZHA EAST PO, THODUPUZHA. BY ADV. SRI.M.C.JOHN RESPONDENT(S): --------------------------- 1. CHIEF CONSERVATOR OF FORESTS SPECIAL AFFORESTATION THIRUVANANTHAPURAM. 2. DIVISIONAL FOREST OFFICER MALAYATTOOR DIVISION KODANAD PO, PIN-683 544. 3. DIVISIONAL FOREST OFFICER KOTHAMANGALAM. BY GOVERNMENT PLEADER SRI.RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.33130 of 2008 ------------------------- Dated this the 11th day of November, 2008. JUDGMENT The petitioner purchased a Furniture Unit called 'Jinsha Industry' including the building and machinery from its owner Mrs.Annie Francis. The said industrial unit was functioning with a No Objection Certificate from the competent authority. 2. According to the petitioner, the place where the unit is to be located is further away from the Forest boundary and there should be no objection for anyone in the present No Objection Certificate being continued or a fresh No Objection Certificate being issued. The application filed by the petitioner as Ext.P5 was forwarded to the Range Officer for verification. 3. According to the petitioner, shifting of the Unit to the new premises need not be treated as a fresh activity. But actual orders have not been issued so far. Reference is made to Ext.P7 letter from the 2nd respondent requesting the 1st respondent to give instructions in that regard. Ext.P9 is the application filed by the petitioner before the 1st respondent and the same is pending before him. 4. Mr.Ranjith Thampan, learned Special Government Pleader, submits that the 1st W.P.(C).NO.33130/08 :: 2 :: respondent is competent to take a decision in the matter of issuance of a No Objection Certificate in continuation of the existing one. This submission is recorded. 5. The Writ Petition is, therefore, disposed of directing the 1st respondent to take a decision on Ext.P5 read with Ext.P9, within a period of six weeks from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge