IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 20525 of 2011(M) -------------------------- PETITIONER(S): --------------- ANISH MARCKOSE,AGED 29,S/O.MARCKOSE, OMBALAYIL HOUSE, KOLENCHERY P.O, THAMMANIMATTOM KARA,AYIKKARANADU, SOUTH VILLAGE, ERNAKULAM DISTRICT PIN - 682 311. BY ADV. SRI.JOHN VARGHESE(THOPPIL) SRI.BAIJU JOHN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FORESTS HEAD QUARTERS,VAZHUTHACAUD, THIRUVANANTHPURAM- 695 014. 2. CHIEF CONSERVATGOR OF FORESTS (SPECIAL AFFORESTATION) & NODAL OFFICER, CONVENER, STATE LEVEL COMMITTEE, KERALA, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANATHAPURAM - 695 014. 3. CENTRAL EMPOWERED COMMITTEE, REPTD.BY THE MEMBER SECRETARY, GATE NO.31, JAWAHARLAL NEHRU STADIUM, LOADI ROAD, NEW DELHI - 110 003. 4. DIVISIONAL FOREST OFFICER,KOTHAMANGALAM PIN - 686 691. 5. THE FOREST RANGE OFFICER, MULLARINGADU,THALAKKODE P.O, PIN 686 693. ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R-3 GP SRI. BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20525 of 2011 APPENDIX EXHIBITS EXT.P1- A TRUE COPY OF THE PAN CARD IN THE NAME OF M/s.FRIENDS SAW MILLS & INDUSTRIES WHICH SHOWING THE DATE OF INCORPORATION ON 2.9.78 EXT.P2- A TRUE COPY OF THE DEMAND NOTE DATED 5.7.78 ISSUED TO THE PETITIONER'S SAW MILL BY THE INDIAN POSTS AND TELEGRAPHS DEPARTMENT EXT.P3- A TRUE COPY OF THE PROCEEDINGS OF THE SALES TAX OFFICER, KOTHAMANGALAM DATED 27.7.79 WITH REGARD TO THE ASSESS M/s.FRIENDS SAW MILL & INDUSTRIES EXT.P4- TRUE COPY OF THE D & O LICENSE ISSUED IN THE NAME OF M/s FRIENDS SAW MILLS & INDUSTRIES FOR THE YEAR 2011-12 ISSUED BY THE POTHANICAUD GRAMA PANCHAYAT DATED 6.4.11 EXT.P5- THE TRUE COPY OF THE RECEIPT FOR RENEWAL OF PROPERTY MARK REGISTRATION DATED 3.9.87 ISSUED BY THE FOURTH RESPONDENT DIVISIONAL FOREST OFFICER, KOTHAMANGALAM IN FAVOUR OF M/s FRIENDS SAW MILLS & INDUSTRIES EXT.P6- A TRUE COPY OF THE APPLICATION DATED 27.6.11 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXT.P7- A TRUE COPY OF THE NOTICE RECEIVED BY THE 5TH RESPONDENT DATED 5.7.11 EXT.P8- A TRUE COPY OF THE LETTER DATED 16.6.04 BY THE GOVERNMENT OF KERALA. (True copy) P.A.To Judge ANTONY DOMINIC, J .............................................. W.P.(C).20525/2011 .............................................. Dated this the 19th day of August, 2011 JUDGMENT 1.It is aggrieved by Ext.P7 notice issued by the Forest Range Officer, the fifth respondent, directing closure of the petitioner's sawmill, on the ground that the petitioner has not obtained NOC from the second respondent, that this writ petition has been filed. 2.The materials produced by the petitioner such as Exts.P1 to P5 indicate that the mill has been functioning long prior to 30.10.2002 and that, sales tax registration, panchayat licence etc., have been obtained by him. Further Ext.P6 is an application made by the petitioner to the second respondent for the issuance of NOC, which is pending consideration. While so, Ext.P7 notice has been issued directing closure of the mill on the aforesaid ground. 3.Having regard to the pendency of Ext.P6, immediate closure of the mill is unwarranted and for that reason, I dispose of this writ petition with the following directions. W.P.(C).20525/11 2 (i). The second respondent, before whom Ext.P6 application is pending, shall consider the same and pass orders thereon and communicate it to the petitioner. (ii). Until orders are so passed and communicated, status quo as on date in so far as the functioning of the mill, shall be allowed to continue provided, further activities in the mill shall be confined to those covered by the licence issued by the Panchayat. ANTONY DOMINIC, Judge mrcs