IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 18761 of 2011(U) -------------------------- PETITIONER(S): ----------------------- M/S.SUMAYA WOOD INDUSTRIES PLYWOOD AND SAW MILL, PAZHAYA LAKKIDI, REP.BY ITS PROPRIETOR A.H.BHAVA, ALLINGAL HOUSE, NARARIPURAM POST, PATHIRAPALA, PALAKKAD DISTRICT-678642 BY ADV. SRI.H.BADARUDDIN SMT.B.SHAMEERA RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP.BY THE CHIEF CONSERVATOR OF FOREST (SPECIAL AFFORESTATION AND NODAL OFFICER) FOREST HEADQUATERS,VAZHUTHACAD, THIRUVANANTHAPURAM-695014 2. THE DIVISIONAL FOREST OFFICER, KALLEKULANGARA POST, PALAKKAD DISTRICT-678009 3. THE SPECIAL GRADE SECRETARY, LAKKIDI PERUR GRAMA PANCHAYAT LAKKIDI PERUR, PALAKKAD-679101 4. THE FOREST RANGE OFFICER, OTTAPPALAM PALAKKAD - 679101 GOVT.PLEADER SRI.BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.18761/2011 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE LICENCE ISSUED BY THE INSPECTOR OF FACTORIES IN THE NAME OF THE PETITIONER ON 21/6/2011. EXT.P2: TRUE COPY OF SALES TAX REGISTRATION CERTIFICATE NO.32091016162-C ISSUED BY THE COMMERCIAL TAX OFFICER, OTTAPALAM ON 10.4.2008. EXT.P3: THE D& O TRADE LICENCE NO.13/2009-10 ISSUED BY THE LAKKIDI PERUR GRAMAPANCHAYAT IN THE NAME OF THE PETITIONER. EXT.P4: A TRUE COPY OF SSI REGISTRATION IN FORM NO.0797, DT 29.9.2008. EXT.P5: A TRUE COPY OF THE RECEIPT FOR PAYMENT OF LICENCE FEE FOR DOOR NO.11/302, DT 27.2.2010 FOR INSTALLING 80 TO 90 HP MOTOR ISSUED BY THE GRAMA PANCHAYAT. EXT.P6: A TRUE NO OBJECTION CERTIFICATE BEARING NO.A1- 2523/2010 DT 22.4.2010 ISSUED BY THE DIVISIONAL FOREST OFFICER, PALAKKAD IN THENAME OF THEPETITIOENR FOR RUNNING the INDUSTRIAL UNIT RENEWED UPTO 31.3.2011. EXT.P7: TRUE COPY OF THE VAT REGISTRATION CERTIIFCATE NO.85930 DT 10.4.2008. EXT.P8: TRUE COPY OF THE ELECTRICITYBILL FOR CONSUMER NO.4676/0 WITHBILL NO.189945 DT 3.1.2011 ISSUED BY THE KSEB. EXT.P9: TRUE COPY OF REPRESENTATION DT 20.1.11 TO THE2ND AND 4TH RESPONDENT. EXT.P10: TRUE COPY OF PETITIONERS REPRESENTATION BEFORE THE 1ST RESPONDENT. EXT.P11: A TRUE COPY OF NEWS APPEARED IN THE MATHRUBHOOMI DAILY DT 8.7.2011. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 18761 OF 2011 ===================== Dated this the 22nd day of August, 2011 J U D G M E N T The writ petition has been filed apprehending that on the basis of Ext.P11 news paper report, petitioner's plywood factory will be ordered to be closed. The ground on which the units are forced to be closed down is that the units do not possess NOC issued by the State Level Empowered Committee. 2. Along with RP No.590/11, petitioner has produced as Annexure 1, the application made by the petitioner for NOC, which has been acknowledged by Annexure 2 receipt dated 26/3/11. This application states that the unit was licensed as on 16/6/1992. Petitioner has also produced Annexures 2(b) to 2(h) no objection certificates successively issued by the Divisional Forest Officer, Palakkad for the period upto 31/3/2011. Further Annexure 3(a) and 3(b) are the licenses issued from the Panchayat. The verification report on the NOC application filed by the petitioner also has been produced, which also indicates the existence of the unit prior to 30/10/2002. Thus, prima facie, the unit has been in existence prior to 30/10/2002 and the application WPC No. 18761/11 :2 : made by the petitioner for NOC is pending consideration of the State Level Empowered Committee. At this stage, therefore any steps for closure of the unit is unwarranted. 3. Be that as it may, there is one aspect, which cannot go unnoticed. As already indicated, for the period upto 31/3/11, no objection certificates have been issued by the Divisional Forest Officer, Palakkad, which have been produced by the petitioner. Learned Government Pleader takes exception to these no objection certificates on the ground that the DFO had no power or authority to issue such no objection certificates and as rightly pointed out by him, it is only the State Level Empowered committee, which could have issued such certificates. In that view of the matter, the circumstances and the authority on the basis of which, these no objection certificates were issued by the Divisional Forest Officer, Palakkad, should certainly be enquired into by the Chief Conservator of Forests. 4. In the circumstances, the writ petition is disposed of directing that, on the production of a copy of this judgment, the 1st respondent will take steps for considering the application made by the petitioner for NOC and until the application is so WPC No. 18761/11 :3 : considered and orders are passed, the unit will be permitted to continue functioning. However, the activities in the unit shall be confined to those permitted by the Panchayat in the licence obtained by the petitioner . Registry will send a copy of the judgment to the Chief Conservator of Forests, the 1st respondent in the writ petition for appropriate action vide para 3 above. ANTONY DOMINIC, JUDGE Rp