IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 19167 of 2011(U) ---------------------------------- PETITIONER(S): ------------------- THOMAS MATHAI, VALLATTOOR SAWMILL, M.C.ROAD, PARANTHAL, PANTHALAM, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.S.RADHAKRISHNAN SRI.BABU GEORGE SRI.S.RAJ MOHAN SMT.LATHIKA MOHAN RESPONDENT(S): --------------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014. 2. CHIEF CONSERVATOR OF FORESTS (SPECIAL AFFORESTATION) & NODAL OFFICER, CONVENER, STATE LEVEL COMMITTEE, KERALA, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014. 3. CENTRAL EMPOWERED COMMITTEE, REP. BY THE MEMBER SECRETARY, TE NO.31, JAWAHARLAL NEHRU STADIUM LOADI ROAD, NEW DELHI-110 003. 4. DIVISIONAL FOREST OFFICER, PATHANAMTHITTA DIVISION, PATHANAMTHITTA. 5. THE FOREST RANGE OFFICER, RANNY RANGE, RANNY P.O., PATHANAMTHITTA. R1, R2, R4, R5 BY GOVT. PLEADER SRI. BENNY VARGHESE R3 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011, ALONG WITH WPC.NO.19173/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 19167/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PANCHAYATH LICENSE GRANTED TO THE PETITIONER. P2: COPY OF THE PANCHAYATH LICENSE ISSUED TO THE PETITIONER FOR THE PERIOD 97-98 DATED 11/07/97. P3: COPY OF THE PANCHAYATH CERTIFICATE GRANT TO THE PETITIONER FOR THE PERIOD 2000-01. P4: COPY OF THE LATEST PANCHAYATH LICENSE FOR THE 2011 - 12 GRANTED TO THE PETITIONER FOR CONDUCTING THE SAWMILL DATED 20/04/2011. P5: COPY OF THE LICENSE NO.N/CHR/10/718/97 DATED 24/06/1997 ISSUED BY THE JOINT DIRECTOR, FACTORIES AND BOILERS DEPARTMENT. P6: COPY OF RENEWAL CERTIFICATE DATED 30/07/2010 ISSUED BY THE FACTORIES AND BOILERS DEPARTMENT. P7: COPY OF THE RECEIPT DATED 10/03/2011 ISSUED TO THE PETITIOER P8: COPY OF THE VERIFICATION REPORT NO.SLC. NO.5694 FC (3) 7901/2010 DATED 30/04/2011 ISSUED TO THE PETITIONER. P9: COPY OF THE LETTER NO.41729/G2/04/1D DATED 16/06/2004 P10: COPY OF THE NOTICE DATED 04/07/2011 ISSUED TO THE PETITIONER. P11: COPY OF THE JUDGMENT IN WPC.NO.32054/2010 DATED 26/10/2010 OF THIS HONOURABLE COURT. P11(a):COPY OF THE JDUGMENT IN WPC.NO.99/2011 DATED 07/02/2011 OF THIS HONOURABLE COURT. P12: COPY OF THE RECOMMENDATION LETTER NO.FC 35802/2010 DATED 14/12/2010 TO THE CEC BY THE SLC. P13: COPY OF THE STATEMENT SHOWING THE PRESENT STATUS OF NOC APPLICATION. P14: COPY OF THE JUDGMENT IN WPC.NO.8345/2011 DATED 23/03/2011 OF THIS HONOURABLE COURT. P15: COPY OF THE JUDGMENT IN WPC.NO.19606/2010 DATED 23/06/2010 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J ....................................................... W.P.(C)s.19167 & 19173/2011 .............................................. Dated this the 28th day of July, 2011 JUDGMENT 1. Petitioner in W.P.(C).19167/2011 is the owner of a saw mill and is aggrieved by Ext.P10 closure notice. In so far as the petitioner in W.P.(C).19173/2011 is concerned, he is the owner of a Match Factory and Veneer Unit and he is aggrieved by Ext.P8 closure notice. These closure notices were issued requiring closure of their respective Units mainly for want of NOC issued by the second respondent in these cases. 2. In so far s the petitioner in W.P.(C).19167/2011 is concerned, Exts.P1 to P4 licences issued by the Panchayat show that the saw mill was licensed during 1995-96 and such licences have been renewed from time to time till 2011-12. Ext.P5 is the licence issued by the Factories and Boilers Department. In the meanwhile, petitioner herein made an application to the second respondent for NOC , receipt of which has been acknowledged by Ext.P7. Verification was conducted and the report thereof is Ext.P8. While so, Ext.P10 closure notice was issued. W.P.(C).19167 & 19173/11 2 3. In so far as the petitioner in W.P.(C).19173/2011 is concerned, Ext.P2 licence indicates that his Unit was licensed in the name of his father in 1985-86. Ext.P4 is the NOC issued by the Divisional Forest Officer on 3.3.1999 and Ext.P5 is the licence issued by the Factories and Boilers Department upto 2020. In the meanwhile, petitioner's father expired and the petitioner acquired the Unit as per Ext.P3 document, in 2007. Petitioner herein submitted the application for NOC, verification was conducted and report thereof is Ext.P6. It was at that stage, Ext.P8 closure notice was issued. 4. Thus prima facie, the materials produced by the petitioners indicate the existence of their Units prior to 30.10.2002, and their applications for NOC are pending consideration. At that stage, the notices of closure were issued requiring them to close down their Units for the reason that they do not possess NOC issued by the second respondent. 5. While the applications for NOC were thus pending, notices of closure were unwarranted and what should have been done was that W.P.(C).19167 & 19173/11 3 their applications ought to have been considered and orders thereon should have been communicated to the petitioners. Therefore, I dispose of these writ petitions with the following directions - 6. The second respondent, before whom the applications made by the petitioners for NOC in respect of which Ext.P8 verification report in W.P.(C).19167/2011 and Ext.P6 verification report in W.P. (C).19173/2011 are pending, shall consider the NOC applications, pass orders thereon and communicate the same to the petitioners. It is directed that until the aforesaid process is completed, status quo as of now, in so far as the functioning of the respective Units will be allowed to continue provided, the activities in the Units will be confined to what is authorized in terms of the licence obtained by the petitioners from the local authority concerned. Writ petitions are disposed of as above. ANTONY DOMINIC, Judge mrcs