IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 18835 of 2011(D) ---------------------------------- PETITIONER(S): ------------------- 1. SMT.VIJAYALAKSHMI KUNJAMMA,"RESHMI", CHIRANIKKAL, KODUMON,ADOOR, PATHANAMTHITTA. 2. T.N.SOMARAJAN NAIR, THAITHOTTATHIL HOUSE, MADAMAN, VADASSERRIKARA, PATHANAMTHITTA. 3. V.K.VASUDEVAN, VAYARANMARUTHICKAL, RANNI PERUNAD, KOONAMKARA, RANNI, PATHANAMTHITTA. BY ADVS. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENT(S): --------------------- 1. THE DIVISIONAL FOREST OFFICER, RANNI, PIN-689 672. 2. THE CHIEF CONSERVATOR OF FORESTS, SPECIAL AFORESTATION AND NODAL OFFICER, VAZHUTHAKKAD, TRIVANDRUM-695 014. 3. CENTRAL EMPOWERED COMMITTEE, REPRESENTED BY MEMBER, SECRETARY, GATE NO.31, JAWAHARLAL NEHRU STADIUM, LODHI ROAD, NEW DELHI-110 003. 4. STATE OF KERALA, REPRESENTED BY PRINCIPAL CHIEF CONSERVATOR OF FORESTS,FOREST HEAD QUARTERS, VAZHUTHAKKAD, TRIVANDRUM-695 014. R1, R2, R4 BY GOVT. PLEADER SRI.BENNY VARGHESE (FOREST) R3 BY ADVS. SRI.GEORGE JOSEPH, CGC SRI.P. PARAMESWARAN NAIR, ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 18835/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER TO THE 1ST PETITIONER. P2: COPY OF LETTER DATED 06/01/2003 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, EZHAMKULAM TO THE PETITIONER. P3: COPY OF LICENSE ISSUED BY THE PANCHAYAT TO THE 1ST PETITIONER FOR THE PERIOD 1994 - 1995. P4: COPY OF LICENSE ISSUED BY THE PANCHAYAT TO THE 1ST PETITIONER RENEWED UPTO 2012. P5: COPY OF THE NOTE ISSUED BY THE 2ND RESPONDENT. P6: COPY OF VERIFICATION REPORT, DATED 26/05/2009 SUBMITTED BY THE FOREST OFFICIALS. P7: COPY OF LETTER, DATED 15/12/2009 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. P8: COPY OF TAX RECEIPT EVIDENCING THE PAYMENT OF LAND TAX BY THE 2ND PETITIONER. P9: COPY OF NOC, DATED 04/02/1994 ISSUED BY THE 1ST RESPONDENT TO THE 2ND PETITIONER. P10: COPY OF RECEIPT SHOWING THE REMITTANCE OF LICENSE FEE BY THE 2ND RESPONDENT. P11: COPY OF APPLICATION FOR NOC SUBMITTED BY THE 2ND PETITIONER. P12: COPY OF RECEIPT DATED 17/12/2010 INFORMING THE 2ND PETITIONER, TO TAKE THE FOLLOW UP ACTION. P13: COPY OF LETTER DATED 28/04.2011 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER. P14: COPY OF APPLICATION DATED 20/03/2010 FILED BY THE 2ND PETITIONER. P15: COPY OF LETTER DATED 20/03/2010 ISSUED BY THE RANNI PAZHAVANGADI GRAMA PANCHAYAT TO THE 2ND PETITIONER. svs ............2/-..... ...2... WPC.NO.18835/2011 P16: COPY OF REQUEST MADE BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT. P17: COPY OF RECEIPT SHOWING REMITTANCE OF LICENSE FEE BY THE 3RD PETITIONER. P18: COPY OF APPLICATION FOR NOC, DATED 16/06/2011 SUBMITTED BY THE 3RD PETITIONER. P19: COPY OF GO NO.42729/G204/ID DATED 15/06/2004. P20: COPY OF NOTICE DATED 04/07/2011 ISSUED BY THE FOREST RANGE OFFICER, RANNI. P21: COPY OF NOTICE DATED 05/07/2011 ISSUED BY THE 1ST RESPONDENT TO CLOSE DOWN THE UNITS OF THE PETITIONERS. P22: COPY OF LETTER DATED 01/07/2011 ISSUED BY THE 2ND RESPONDENT. P23: COPY OF JUDGMENT DATED 07/02/2011 PASSED BY THIS HONOURABLE COURT IN WPC. NO.99/2011. P24: COPY OF LETTER NO.FC3-5802/2010 DATED 14/12/2010 ISSUED BY THE 2ND RESPONDENT. P25: COPY OF STATUS OF DISPOSAL APPLICATION FOR NOC. P26: COPY OF ORDER IN WPC.NO.8345/2011 DATED 23/03/2011 OF THIS HONOURABLE COURT. P27: COPY OF ORDER IN WPC.NO.19606/2010 DATED 23/06/2010 OF THIS HONOURABLE COURT. P28: COPY OF RECEIPT FOR THE PAYMENT OF THE LICENSE FEE FOR YEAR 1996 - 1997 REMITTED BY THE 2ND PETITIONER. P29: COPY OF RECEIPT FOR THE PAYMENT OF THE LICENSE FEE FOR YEAR 1998 - 1999 REMITTED BY THE 2ND PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J .......................................... W.P.(C). 18835/2011 .......................................... Dated this the 26th day of July, 2011 JUDGMENT Petitioners are the owners of sawmills. They apprehend that they will be asked to close down their sawmills on the basis of Exts.P20 and P21 notices. It is there upon, that this writ petition is filed by them seeking directions to permit them to continue operation of the mills. 2. As far as the first petitioner is concerned, Ext.P3 Panchayat licence was issued in the year 1994 which, according to the petitioner, was renewed from year to year. Ext.P4 indicates payment of licence renewal fee for the period upto 2012. First petitioner made an application to the second respondent for NOC on the basis of which verification was conducted and Ext.P6 report was submitted. By Ext.P7, he was called upon to produce additional documents which, according him, were all produced. It is his case that the application for NOC is pending consideration before the second respondent. W.P.(C).18835/11 2 3. In so far as the second petitioner is concerned, Ext.P9 is the NOC issued by the Forest Department itself and this document is dated 4.2.1994. Exts.P28 to P30 indicate that the second petitioner has paid licence fee for the period 1996-99. Ext.P11 is the application made by the second petitioner for NOC and Ext.P13 is the verification report. 4. In so far as the third petitioner is concerned, according to him, sawmill is having licence issued by the local body. Ext.P17 evidences payment of fee for the period 2000-01. Ext.P18 is the application for NOC made by the third petitioner. 5. According to the petitioners, their sawmills have been in operation prior to 30.10.2002 and that therefore, they are entitled to be issued NOC. Irrespective of the claims made, fact remains that their applications are pending consideration of the second respondent and it is for the second respondent to consider the applications, and pass orders thereon. W.P.(C).18835/11 3 6. Therefore, taking note of the pendency of the applications for NOC, and the specific case of the petitioners regarding existence of their Unit prior to 30.10.2002, I do not think at this stage, closure of the mills is warranted. 7. In the above view of the matter, I dispose of this writ petition directing that the second respondent, before whom the NOC applications made by the petitioners are pending, shall pass orders on those applications and that until such orders are passed, status quo as on date, in so far as the mills in question, shall be allowed to continue. It is clarified that the petitioners will be permitted to carry on only those activities which are permitted in terms of the licences obtained by them from the Panchayat concerned. ANTONY DOMINIC, Judge mrcs