IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 WP(C).No. 14779 of 2011(V) -------------------------------------- PETITIONER: ------------------- A.MURUKAYYA, PROPRIETOR, SREE MANIKANTAN FURNITURE MART, ALTHARA JUNCTION, CHITHRAPURAM POST, ANACHAL, MUNNAR. BY ADVS. SRI.A.S.P.KURUP, SRI.SADCHITH.P.KURUP. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-14. 2. THE CHIEF CONSERVATOR OF FORESTS, SPECIAL AFFORESTATION) & NODAL OFFICER, CONVENOR, STATE LEVEL COMMITTEE, KERALA FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-14. 3. CONSERVATOR OF FORESTS (VIGILANCE), KOTTAYAM-686 011. 4. THE DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE, MUNNAR, DEVIKULAM-685613. R1 TO R4 BY GOVERNMENT PLEADER SRI. BENNY VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.14779/2011-V: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE OWNERSHIP CERTIFICATE DTD. 14/03/2003 ISSUED BY PALLIVASAL GRAMA PANCHAYAT TO THE PETITIONER. EXT.P.2: COPY OF THE APPLICATION DT. 12/03/2003 MADE BY THE PETITIONER TO THE R4. EXT.P.3: COPY OF THE N.O.C. DTD. 13/05/2003 ISSUED BY R.4. TO PETITIONER. EXT.P.4: COPY OF THE LICENCE DTD 16/05/2003 ISSUED BY PALLIVASAL GRAMA PANCHAYAT TO PETITIONER. EXT.P.5: COPY OF THE APPLICATION DTD. 03/01/2011 GIVEN BY PETITIONER TO R.2. EXT.P.6: COPY OF THE CONFIRMATION LETTER DTD. 19/03/2011 ISSUED BY R.2. TO PETITIONER. EXT.P.7: COPY OF THE INSPECTION REPORT DTD 05/05/2011 ISSUED BY THE INSPECTION TEAM OF R.2. EXT.P.8: COPY OF THE NEWS PAPER REPORT DTD 24/05/11 PUBLISHED IN MALAYALA MANORAMA DAILY. EXT.P.9: COPY OF THE ORDER DTD. 27/05/2011 PASSED BY THIS HON'BLE COURT IN W.P.(C).14358/2011. RESPONDENT'S ANNEXURE:- ANNEXURE R4.(A): COPY OF THE LETTER NO. TA.1-26/2006 DTD. 21/05/2010 OF THE DIVISIONAL FOREST OFFICER, FLYING SQUAD, KOTHAMANGALAM. //TRUE COPY// P.A. TO JUDGE Prv. P.R.RAMACHANDRA MENON, J. ------------------------------------------- W.P.(C) No.14779 of 2011 ------------------------------------ Dated this the 8th day of August 2011 J U D G M E N T The petitioner is before this Court, seeking to intercept the proceedings taken by the respondents so as to have the 'furniture mart' and 'saw mill' to be closed down, for want of necessary NOC issued by the competent authority. 2. The case of the petitioner is as follows :- The petitioner is the Proprietor of a furniture mart situated in the premises comprised in Survey No.1120/4-2 of Kunchithanni Village which is stated as functioning on the basis of Ext.P3 NOC issued by the 4th respondent. It is stated that the petitioner, in tune with the directions issued by the Apex Court on the point, made an application for renewal of NOC before the competent authority which is stated as pending and that the inspection has already been carried out on 5.5.2011. However, notwithstanding the pendency of Ext.P5 application in this regard, the respondents proceeded with W.P.(C) No.14779 of 2011 -: 2 :- coercive steps so as to have the unit closed down; against which, the petitioner has approached this Court by filing this writ petition. 3. When the matter came up before this Court on 3.6.2011, 'status quo' was ordered with regard to the operation of the 'furniture unit' of the petitioner and subsequently, the same was extended further. It was also ordered on 21.6.2011 that the petitioner shall not operate the 'saw mill', if any and that the interim order will stand confined only to the 'furniture unit'. 4. When the matter was taken up on 1.8.2011, this Court observed that the materials produced by the petitioner were not enough to indicate the existence of the saw mill prior to 30.10.2002, the cut-off date stipulated by the Apex Court and the petitioner was given further time to produce the relevant materials. When the matter is taken up on today, the learned counsel for the petitioner submits that, except Ext.P3, NOC issued by the 4th respondent, the petitioner is having no other document (not even the licence issued by the W.P.(C) No.14779 of 2011 -: 3 :- local authority in respect of the period prior to 30.10.2002). 5. Heard the learned Government Pleader as well, who brought it to the notice of this Court, that Ext.P3 issued by the 4th respondent is not a valid one; in so far as the competent authority as on that date ie; 13.5.2003 to have issued any such NOC was not the 4th respondent, in view of the law declared by the Apex Court as early as on 30.10.2002. The licence produced before this Court and stated as issued by the 'local authority', is only in respect of the subsequent period, as discernible from Ext.P4. The petitioner contends that 'joint verification' of the unit has already been conducted in 2011 pursuant to Ext.P7. It is revealed therefrom, that the petitioner got engaged in the concerned activities only after 30.10.2002 as per the relevant entries given in column No.14 of the said document. Since the petitioner does not have any case that the entries given by himself in Ext.P7 are wrong, this Court finds that the contention put forth by the petitioner, that the petitioner's unit was in existence much prior to 30.10.2002, does not have any pith or substance. This Court W.P.(C) No.14779 of 2011 -: 4 :- finds no merit in this writ petition. The writ petition fails and the same is dismissed accordingly. Ext.P5 application preferred by the petitioner seeking for renewal of NOC before the competent authority shall be expedited and final orders shall be passed in accordance with law, as early as possible. It is made clear that, this verdict will not stand in the way of the petitioner in 'running the furniture unit', if such operation is being pursued on the basis of all valid licences in accordance with law. P.R. RAMACHANDRA MENON, JUDGE. Jvt