IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 16499 of 2011(J) --------------------------------------- PETITIONER(S): ----------------------- SAJAN P.KURIAN, PROPRIETOR, "SPK RUBWOOD PRODUCTS", MARIAPURAM, IDUKKI DISTRICT. BY ADV. SRI.M.C.JOHN RESPONDENT(S): --------------------------- 1. THE CHIEF CONSERVATOR OF FORESTS, (SPECIAL AFFORESTATION) & NODAL OFFICER, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 001. 2. THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS (VIGILANCES), THIRUVANANTHAPURAM-695 001. 3. THE CONSERVATOR OF FORESTS (INSPECTION & EVALUATION), KOTTAYAM-686 001. 4. THE DIVISIONAL FOREST OFFICER, KOTTAYAM-686 001. 5. THE FOREST RANGE OFFICER, AYYAPPANCOIL RANGE, KATTAPPANA, IDUKKI-685 508. R1 TO R5 BY GOVT. PLEADER MR.BENNY VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 16499 of 2011(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT PAGES OF THE PERMANENT SSI REGISTRATION. EXT.P2: COPY OF THE PANCHAYAT LICENCE DATED 09/09/1999. EXT.P3: COPY OF THE LICENCE DATED 16/07/2009, VALID UPTO 31/03/2010. EXT.P4: COPY OF THE VERIFICATION REPORT DATED 24/05/2010. EXT.P5: COPY OF THE ORDER NO.E3-2604/2011 DATED 19/05/2011 ISSUED BY THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ================ W.P.(C) NO. 16499 OF 2011 (J) ===================== Dated this the 4th day of July, 2011 J U D G M E N T According to the petitioner, he is conducting a rubber wood based furniture cum interior decoration unit called “SPK Rub Wood Products” at Mariapuram in Idukki District. It is stated that the unit is in existence from 1999 and that an application made by the petitioner to the 1st respondent for NOC is still pending. Ext.P4 is stated to be the verification report of the 1st respondent in that behalf. While the matter was pending as above, Ext.P5 order was issued by the 4th respondent ordering closure of the unit mentioned therein, including that of the petitioner. It is aggrieved by Ext.P5, the writ petition is filed. 2. Learned Government Pleader has obtained instructions in the matter. According to the learned Government Pleader, the furniture unit was in existence before 30/10/2002. It is stated that however subsequent to 30/10/2002, the petitioner has installed a re-saw and it was therefore that Ext.P5 order was issued. It is also stated that, if the petitioner removes the re-saw and files an affidavit in that behalf before the 1st respondent, orders will be WPC No. 16499/11 :2 : passed on the application made by the petitioner for no objection certificate. 3. In that view of the matter, I dispose of this writ petition with the following directions:- (1) Petitioner shall dismantle the re-saw and file an affidavit before the 1st respondent. Once the affidavit is filed as above, 1st respondent will consider the application made by the petitioner for no objection certificate and orders thereon will be passed. (2) Once the affidavit is filed as above, the petitioner will be permitted to resume activities in his furniture unit confining himself to the activities permitted in terms of the licence which the petitioner possessed prior to 30/10/2002. ANTONY DOMINIC, JUDGE Rp