IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 30125 of 2011(M) -------------------------- PETITIONER(S): --------------- P.M.JOSEPH, S/O.MATHAI, PAZHAYIDATH HOUSE, ELLUMANTHAM.P.O., MANANTHAVADY, WAYANAD DISTRICT, PIN-670 645. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST AND WILD LIFE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE STATE LEVEL EMPOWERED COMMITTEE, FOR WOOD BASED INDUSTRIES, REPRESENTED BY CHIEF CONSERVATOR OF FORESTS(SPECIAL AFFORESTATION), CONVENER AND NODAL OFFICER, FORST HEAD QUARTERS, VAZHUTHAKKADU, THIRUVANANTHAPURAM. 3. CHIEF CONSERVATOR OF FORESTS (SPECIAL AFFORESTATION), CONVENER, STATE LEVEL COMMITTEE FOR WOOD BASED INDUSTRIES, FORST HEAD QUARTERS, VAZHUTHAKKADU, THIRUVANANTHAPURAM-4. 4. THE DIVISIONAL FOREST OFFICER, NORTH WAYANAD DIVISION, MANANTHAVADY, WAYANADU. 5. THE FOREST RANGE OFFICER, MANANTHAVADY, PIN-670 645. 6. EDAVAKA GRAMA PANCHAYATH, ELLUMANTHAM.P.O., PIN-670 645, WAYANADU DISTRICT, REPRESENTED BY ITS SECRETARY. SPL.GOVERNMENT PLEADER SRI.JAMES KURIAN FOR R1-5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30125/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1. A TRUE COPY OF THE NOTICE ISSUED BY THE 5TH RESPONDENT TO THE SECRETARY OF THE 6TH RESPONDENT DATED 14.07.2011. EXT.P2. A TRUE COPY OF THE NOTICE ISSUED BY THE SECRETARY OF THE 6TH RESPONDENT TO THE PETITIONER DATED 02.11.2011. EXT.P3. A TRUE COPY OF THE LICENSE ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER DATED 25.06.2009. EXT.P4. A TRUE COPY OF THE APPLICATION MADE BY THE PETITIONER TO THE 4TH RESPONDENT DATED 10.05.2003. EXT.P5. A TRUE COPY OF THE POSSESSION CERTIFICATE FROM THE TALUK OFFICE MANANTHAVADY DATED 2.6.2003. EXT.P6. A TRUE COPY OF THE LOCATION SKETCH ISSUED BY THE VILLAGE OFFICER, EDAVAKA, BEFORE THE 4TH RESPONDENT. EXT.P7. A TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE 4TH RESPONDENT IN FAVOUR OF PETITIONER DATED 3.6.2003. EXT.P8. A TRUE COPY OF THE ENQUIRY REPORT SUBMITTED BY THE RANGE OFFICER DATED 28.05.2003. EXT.P9. A TRUE COPY OF THE ORDER AS NO.C 2359/2003 ISSUED BY THE 4TH RESPONDENT DATED 10.3.2004. EXT.P10. A TRUE COPY OF THE JUDGMENT IN W.P(c)NO.10668 OF 2004 BEFORE THIS HON'BLE COURT DATED 1.4.2005. EXT.P11. A TRUE COPY OF THE INTERIM ORDER PASSED IN W.P.C.10668 OF 2004 DATED 26.3.2004. EXT.P12. A TRUE COPY OF THE STATEMENT FILED BY THE 4TH RESPONDENT BEFORE THIS HON'BLE COURT IN W.P(C)NO.10668/2004 DATED 9.6.04. EXT.P13. A TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN WPC NO.17749/2005 DATED 18.08.2005. EXT.P14. A TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE DIVISIONAL FOREST OFFICER, NORTH WAYANADU DATED 10.05.2007. EXT.P15. A TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO DIVISIONAL FOREST OFFICER DATED 14.02.2007. WPC NO.30125/11 -2- EXT.P16. A TRUE COPY OF THE REPORT SUBMITTED BY THE DIVISIONAL FOREST OFFICER NORTH WAYANAD DIVISION TO THE CONSERVATOR OF FORESTDATED 12.07.2007. EXT.P17. A TRUE COPY OF THE REPORT SUBMITTED BY THE DIVISIONAL FOREST OFFICER NORTH WAYANAD, TO THE CHIEF FOREST CONSERVATOR DATED23.03.2009. EXT.P18. A TRUE COPY OF THE INTIMATION ISSUED BY THE CHIEF CONSERVATOR OF FOREST(PROTECTION) THIRUVANANTHAPURAM DATED20.01.2007. EXT.P19. A TRUE COPY OF THE ORDER NO.FC3-5550/05 GRANTING PROVISIONAL NOC TO THE PETITIONER DATED 12.01.2009. EXT.P20. A TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE 2ND RESPONDENT DATED 22.01.2009. EXT.P21. A TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE 3RD RESPONDENT DURING MAY 2010. EXT.P22. A TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE 3RD RESPONDENT DATED 14.07.2010. EXT.P23. A TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE HON'BLE MINISTER FOREST DATED 04.06.2011. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 30125 OF 2011 ===================== Dated this the 9th day of December, 2011 J U D G M E N T Petitioner has been conducting a furniture manufacturing unit with saw mill. He was continuing at the site on the strength of the NOC issued. According to the petitioner, now without notice to him, NOC has been cancelled, which requires the petitioner to shift his unit from out of the site. It is in these circumstances, the writ petition has been filed. 2. Learned Government Pleader who has obtained instructions in the matter submits that it has been decided by the respondents not to pursue the matter further atleast for a period of one year and that the matter is under consideration. 3. In the light of the said submission, as at present, the petitioner has no cause to apprehend of compulsory shifting from the site in question and I leave it open to the petitioner to move this Court, if and when necessary. 4. The other grievance that is urged by the learned counsel for the petitioner is that, in view of the pendency of the aforesaid proceedings, Panchayat is refusing renewal of licence. I WPC No.30125/11 :2 : have already recorded the statement of the learned Government Pleader to the effect that they do not propose to pursue the mater atleast for a period of one year. Therefore, atleast for that period, pendency of the proceedings cannot be a reason for non renewal of the licence. Clarifying the position as above and leaving it open to the Panchayat to consider the matter in the light of the above, the writ petition is disposed of. ANTONY DOMINIC, JUDGE Rp