IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 18972 of 2011(V) ---------------------------------------- PETITIONER(S): ------------------------- 1. M.P.SARAFUDDIN, S/O.MOIDUPPA, MUNDAMPAKKIL HOUSE, KOTTAPADAM P.O., MANNARKAD, PALAKKAD. 2. T.K.MOYTHEEN, NELLIPUZHA SAW MILL, NELLIPUZHA, MANNARKKAD, PALAKKAD. 3. P.LIAKATH ALIKHAN, PALACKAL WOOD INDUSTRIES, KALLADIKODE, MANNARKKAD. 4. N.AYISHA, W/O.SAITHU, SREENA SAW MILL, MANNARKAD COLLEGE P.O., MANNARKAD. 5. SULEIKHA, W/O.ABBAS, `RIA SAW MILL', MATTAMPARA HOUSE, VIYYAKURISSI P.O., POTTASSERY VILLAGE, MANNARKAD. 6. K.M.YUSUF, FATHIMA SAW MILL, PUNCHAKODE, THENKARA, MANNARKAD. 7. N.KUNJALAVI HAJI, BROTHERS SAW MILL, ALANALLOOR, MANNARKAD. 8. N.P.SHARAFUDDIN, S/O.VEERANKUTTY, NALAKATH SAW MILL, KOTTAPADAM, MANNARGHAT. Kss ..2/- ...2.... WPC.NO.18972/2011 V 9. C.K.KHADEEJA, MALABAR RICE & SAW MILL, KOTTIYODE, MANNARGHAT. 10. C.K.MOHAMMED SATHAR, CHEMMANKUDI HOUSE, SATHYASAI MATCH WOOD INDUSTRIES, VENGA, KOTTAPADAM, MANNARGHAT. 11. NALAKATH KUNJEEM HAJI, S/O.MAMMAD, BHEEMANAD, KOTTAPADAM, MANNARGHAT. 12. KALLINGAL HARIDAS, KALLINGAL SAW MILL, THACHANATTU KARA II VILLAGE, MANNARKAD TALUK. 13. P.K.MUHAMMED KUTTY, THAREEF SAW MILL & FURNITURE WORKS, KUNTHIPUZHA, MANNARKAD. 14. M.MOHAMMED @ VAPPU, MALAYIL HOUSE, ABIDA SAW MILL, NATTUKAL, MANNARKAD. 15. A.UMMAR, S/O.KUNHALAN, BHARATH WOOD INDUSTRIES, KATTUKULAM, ALANALLUR, MANNARKAD-678 601. BY ADV. SRI.M.C.JOHN RESPONDENT(S): --------------------------- 1. THE CHIEF CONSERVATOR OF FORESTS (SPECIAL AFFORESTATION) & NODAL OFFICER, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014. 2. THE DIVISIONAL FOREST OFFICER, MANNARGHAT, PALAKKAD-678 601. 3. THE FOREST RANGE OFFICER, MANNARGHAT, PALAKKAD-678 601. R1 TO R3 BY SPL.GOVERNMENT PLEADER SRI. P.M.POULOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18972/2011 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF FACTORY LICENCE IN THE NAME OF KUNHI HYDRU DTD.23/1/1991. P2: COPY OF THE LICENCE FEE RECEIPT DTD. 19/05/1997. P3: COPY OF THE OBJECTION CERTIFICATE (NOC) DTD. 25/09/2007 ISSUED BY THE 2ND RESPONDENT. P4: COPY OF THE LICENCE FEE RECEIPT FOR RENEWAL OF PANCHAYAT LICENCE FOR 2007-2008. P5: COPY OF THE DTD. 04/03/2010 ISSUED BY THE PANCHAYAT. P6: COPY OF THE POSSESSION CERTIFICATE DTD. 05/03/2010 ISSUED BY THE VILLAGE OFFICER. P7: COPY OF THE APPLICATION FOR NOC AND THE VERIFICATION REPORT DTD. 26/04/2011 SUBMITTED BY THE 1ST PETITIONER. P8: COPY OF FACTORY LICENCE RENEWED UPTO 31/12/2012. P9: COPY OF FOREST N.O.C. ISSUED BY THE 2ND RESPONDENT ON 10/08.2005. P10: COPY OF PANCHAYAT LICENCE FOR 2010-11 DTD. 02/07/2010. P11: COPY OF LICENCE FEE RECEIPT FOR PANCHAYAT LICENCE FOR 2011-12 DTD. 18/02/2011. P12: COPY OF FOREST N.O.C. ISSUED BY THE DIVISIONAL FOREST OFFICER ON 20/08/1988. P13: COPY OF FACTORY LICENCE. P14: COPY OF PANCHAYAT LICENCE FEE RECEIPT DTD.30/03/2011 FOR 2010-11 AND 2011-12 PERIOD. P15: COPY OF RELEVANT PAGES OF THE FACOTRY LICENCE DTD.21/12/1988. P16: COPY OF PANCHAYAT LICENCE FOR 2010-2011DTD. 12/05/2010. P16(A):COPY OF LICENCE FEE RECEIPT FOR 2011-12 DTD. 18/02/2011. Kss ..2/- ..2.... WPC.NO.18972/2011 V P17: COPY OF PANCHAYAT LICENCE DTD. 30/04/1990 ISSUED BY POTTASSERY PANCHAYAT. P18: COPY OF SSI REGISTRATION DTD. 24/08/1990. P19: COPY OF FOREST N.O.C. DTD. 08/09/2005 ISSUED BY THE NAME OF THE PETITIONER. P20: COPY OF FACTORY LICENCE FOR THE RELEVANT PERIOD. P21: COPY OF SSI REGISTRATION DTD. 28/02/1976. P22: COPY OF FEE RECEIPT DTD.21/03/2002. P22(A): COPY OF PANCHAYAT LICENCE FOR 2009-2010 DTD. 24/03/2010. P23: COPY OF N.O.C. DTD. 24/02/2011. P24: COPY OF PANCHAYAT LICENCE DTD. 07/05/1997. P24(A):COPY OF RECEIPT FOR RENEWAL OF LICENCE DTD. 27/02/2001. P25: COPY OF RELEVANT PAGES OF THE FACOTRY LICENCE DTD. 09/12/1988. P26: COPY OF LICENCE FEE RECEIPT FOR 2011-12 ISSUED BY THE PANCHAYAT. P27: COPY OF RELEVANT PAGES OF THE FACTORY LICENCE DTD. 21/07/2008. P27(A):COPY OF FACTORY LICENCE DTD. 12/01/2011. P28: COPY OF FACTORY LICENCE DTD. 02/06/2010. P29: COPY OF NO OBJECTION CERTIFICATE NO.A1-1324/99 DTD. 09/03/99 ISSUED BY THE 2ND RESPONDENT. P30: COPY OF PANCHAYAT LICENCE DTD. 16/08/99. P30(A):COPY OF RECEIPT FOR 2002-03 TO 2010-11 PERIOD DTD. 19/08/2010. P31: COPY OF N.O.C ISSUED ON 07/11/1996 BY THE 2ND RESPONDENT. P31(A):COPY OF RECEIPT OF LICENCE FEE FOR 2001-02 ISSUED BY THE THADINATTU KARA PANCHAYAT DTD. 12/11/2010. P32: COPY OF RENEWED N.O.C ISSUED BY THE 2ND RESPONDENT IN THE NAME OF THE 12TH PETITIONER DTD.11/08/2005. Kss ..3/- ..3... WPC.NO.18972/2011 V P33: COPY OF FACTORY LICENCE (RENEWED) DTD. 12/01/2011. P34: COPY OF PANCHAYAT LICENCE DTD. 03/06/1994. P35: COPY OF SSI REGISTRATION CERTIFICATE DTD. 24/11/1994. P36: COPY OF NO OBJECTION CERTIFICATE DTD. 26/10/2005 ISSUED BY 2ND RESPONDENT. P37: COPY OF FACOTRY LICENCE DTD. 02/06/2010. P38: COPY OF SSI REGISTRATION CERTIFICATE DTD. 25/11/1981. P39: COPY OF FACTORY LICENCE RELEVANT PAGES DTD. 23/11/1988. P40: COPY OF FOREST NOC NO.A1-6669/05 DTD. 23/09/2005. P41: COPY OF FACTORY LICENCE NO.N/OTP/09/273/88 DTD. 16/05/2011. P42: COPY OF PANCHAYAT LICENCE DTD. 18/04/2009. P43: COPY OF THE PHOTOGRAPHS. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ================ W.P.(C) NO. 18972 OF 2011 (V) ===================== Dated this the 20th day of July, 2011 J U D G M E N T This writ petition has been filed by 15 petitioners who claim to be the owners of saw mills established long prior to 30/10/2002. They apprehend that, as in many other cases, notices of closure will be issued to them and it is on that premise this writ petition has been filed. 2. However, except the first petitioner, other petitioners have not produced any material to indicate that applications filed by them for obtaining NOC are pending before the 1st respondent or that verification into such applications have been conducted. In such circumstances, in the absence of any prima facie material indicating the pendency of the applications, I am not in a position to pass any orders in favour of the petitioners, except the first petitioner, whose case shall be dealt with separately. 3. In so far as the first petitioner is concerned, Ext.P1 is the factory licence, which was issued in 1991 and renewed subsequently till 2006. Ext.P2 shows payment of fee for obtaining Panchayat licence for the year 1997-98. Ext.P5 certificate issued WPC No. 18972/11 :2 : by the Panchayat also shows the existence of the unit as claimed by the petitioner. The petitioner also made an application for NOC, on which verification has been conducted and Ext.P7 is the report. This report also indicates the existence of the unit prior to 30/10/2002. 4. Thus, as far as the first petitioner is concerned, there is prima facie material indicating the existence of the unit prior to 30/10/2002 and the application made by the first petitioner for NOC is also pending. In such circumstances, it is directed that the 1st respondent will pass orders on the application made by the first petitioner and until orders are passed and communicated, status quo in so far as the first petitioner will be maintained. 5. Another disturbing factor, which has emerged during the facts of this case is that of Ext.P23 NOC dated 24/2/11 issued by the Divisional Forest Officer, Mannarkkad to the 6th petitioner Sri.K.M.Yusuf. Petitioner was unable to show me any delegation of power in favour of the DFO as on the date of the issuance of Ext.P23 enabling him to issue such a certificate. That apart, learned Government Pleader took specific objection to the said certificate. In such circumstances, I direct that the 1st respondent WPC No. 18972/11 :3 : will enquire into the background in which Ext.P23 certificate was issued by the 2nd respondent and it is directed that, on such enquiry, if the 1st respondent finds that the certificate was unauthorisedly issued, the 1st respondent shall take appropriate action in the matter. Subject to the above, the writ petition is disposed of. Registry will forward a copy of this judgment to the 1st respondent for compliance. ANTONY DOMINIC, JUDGE Rp