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. 19383 of 2011(W) --------------------------------------- PETITIONERS: --------------------- 1. SAMEENA, W/O.JAHABAR, JASEEF SAW MILL, AYYAPPANKAVU, VANDITHAVALAM.P.O., PALAKKAD. 2. MOHAMMED KHANI, PROPRIETOR, 'ANPALLAH' SAW MILL, THALAVETTAMPULLY, KOLLENGODE, PALAKKAD. 3. BADARUDHEEN, H/O.A.THAJUNNEESA, RAMEEJA SAW MILL, KOSAVANGODE, KARIPPALLI, PALAKKAD. 4. P.N.JAMAL MOHAMMED HAJI, PROPRIETOR, AZAD SAW MILL, NOW KNOWN AS 'ASHIK' SAW MILL, POKUNNI, VADAVANNUR, PALAKKAD. 5. P.N.NOUSHAD, S/O.P.C.NOOR MOHAMMED, ASHIQ SAW MILL, CHARALIPATHY, MEENAKSHIPURAM, PALAKKAD. 6. B.SHAIK MUSTHAFA, PROPRIETOR, BROTHERS WOOD WORKS, PARUTHIKAD, ATTAYAMPATHY, GOVINDAPURAM, MUTHALAMADA, PALAKKAD-678 507. 7. A.JAILANA, W/O.DAVOOD, SHAJNA SAW MILL, MARUTHAPARA ROAD, ALAYAR, VANDITHAVALAM, CHITTUR TALUK, PALAKKAD. 8. A.ABDUL RAHIMAN, PROPRIETOR, HAJIRA SAW MILL, NEERKODE, MANDHIRA, CHITTUR, PALAKKAD. 9. M.CHAMUNNI, CHAMUNNI SAW MILL, NATTUKAL, KOZHINJAMPARA, PALAKKAD. 10. JAMES ALEXIS, PROPRIETOR, ST.MARTIN SAW MILL, MENONPARA, PALAKKAD. W.P.(C). NO.19383/2011-W: 11. K.SHANMUGHAN, PROPRIETOR, "SIVASAKTHI", TIMBER & SAW MILL, KARIMANNUR, KOZHINJAMPARA, PALAKKAD. 12. P.SEKHAR, PROPRIETOR, UNION SAW MILL, VELANTHARA, NALLEPPILLY, CHITTUR, PALAKKAD. 13. DAIVANA, W/O.SUBRAMANIAN, DHANALAKSHMI SAW MILL, KOLAMADACHULLA, MENONPARA.P.O., PALAKKAD. 14. K.SREENIVASAN, PROPRIETOR, 'SYAMANTHAKAM' SAW MILL, MATTUMANTHA, NALLEPPILLY.P.O., CHITTUR, PALAKKAD. 15. V.PRABHAKARAN, S/O.VELAYUDHAN, 'WOOD PLAINER WORKS', THEKKEVEEDU, PAZHANIYARPALAYAM.P.O., KOZHINJAMPARA, PALAKKAD. 16. LISSY JOHN, ANJALI SAW MILL, ARUVANNUR PARAMBU, VATTEKAD, KOLLENGODE, PALAKKAD. BY ADV. SRI.M.C.JOHN. RESPONDENTS: ------------------------ 1. THE CHIEF CONSERVATOR OF FORESTS, (SPECIAL AFFORESTATION) & NODAL OFFICER, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014. 2. THE DIVISIONAL FOREST OFFICER, NENMARA DIVISION, PALAKKAD-678 506. 3. THE FOREST RANGE OFFICER, KALLINGODE RANGE, PALAKKAD-678 506. R1 TO R3 BY GOVT. PLEADER SRI. BENNY VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19383/2011-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER NO. 50/83/A DTD. 02/02/83 OF THE ASSISTANT DISTRICT INDUSTRIES OFFICER. EXT.P.1.A: COPY OF THE FACTORY LICENCE NO.N/PGT(S)/09/604/88 DTD. 15/02/1997. EXT.P.2: COPY OF THE NO OBJECTION CERTIFICATE (NOC) ISSUED BY THE R.2. EXT.P.3: COPY OF THE PANCHAYAT LICENCE DTD. 17/09/2004. EXT.P.3(A): COPY OF THE PANCHAYAT LICENCE DTD. 15/07/2010. EXT.P.4: COPY OF THE VERIFICATION REPORT DTD. 26/05/2010. EXT.P.5: COPY OF THE `STOP NOTICE' NO.K1-96/06 DTD. 07/07/2011 ISSUED BY THE R.3. EXT.P.6: COPY OF THE S.S.I REGISTRATION DTD. 19/03/94. EXT.P.7: COPY OF THE PANCHAYAT LICENCE NO.3/96-97 DTD. 16/10/1996. EXT.P.8: COPY OF THE FOREST N.O.C. ISSUED BY THE R.2. DTD. 30/07/93. EXT.P.9: COPY OF THE VERIFICATION REPORT DTD. 26/05/2010. EXT.P.10: COPY OF THE S.S.I REGISTRATION CERTIFICATE DTD. 25/08/1987. EXT.P.11: COPY OF THE RELEVANT PAGES OF THE FACTORY LICENCE DTD. 03/03/2008. EXT.P.12: COPY OF THE RECEIPT FOR D & O LICENCE FEE RECEIVED 2007-08. EXT.P.13: COPY OF THE VERIFICATION REPORT DTD. 26/05/2010. EXT.P.14: COPY OF THE S.S.I REGISTRATION DTD. 23/03/1980. EXT.P.15: COPY OF THE RELEVANT PAGES OF THE FACTORY LICENCE DTD. 17/12/1988. EXT.P.16: COPY OF THE PANCHAYAT LICENCE DTD. 20/08/1999. EXT.P.16.A: COPY OF THE CERTIFICATE DTD. 05/07/2011 ISSUED BY THE PANCHAYAT. EXT.P.17: COPY OF THE VERIFICATION REPORT DTD. 26/05/2010. EXT.P.18: COPY OF THE PANCHAYAT LICENCE NO.180/ DT. 14/12/83. EXT.P.18.A: COPY OF THE PANCHAYAT LICENCE DTD. 16/12/1992. EXT.P.18.B: COPY OF THE PANCHAYAT LICENCE DTD 01/04/1998. EXT.P.18.C: COPY OF THE LICENCE DTD. 21/07/2010. EXT.P.19: COPY OF THE FACTORY LICENCE DTD. 04/06/1997. EXT.P.20: COPY OF THE FOREST N.O.C ISSUED BY R.2. W.P.(C). NO.19383/2011-W: EXT.P.20.A: COPY OF THE VERIFICATION REPORT DTD. 25/05/2010. EXT.P.21: COPY OF THE S.S.I REGISTRATION CERTIFICATE DTD. 20/03/1981. EXT.P.22: COPY OF THE RELEVANT PAGES OF THE FACTORY LICENCE DTD. 27/09/1997. EXT.P.23: COPY OF THE FOREST N.O.C. DTD. 11/03/1999 ISSUED TO THE PREVIOUS PROPRIETOR. EXT.P.23.A: COPY OF THE FOREST N.O.C. DTD. 25/08/2006. EXT.P.23.B: COPY OF THE VERIFICATION REPORT DTD. 26/05/2011. EXT.P.24: COPY OF THE FOREST N.O.C. DTD. 06/07/1994 ISSUED BY THE R.2. EXT.P.24.A: COPY OF THE RENEWED N.O.C. DTD. 25/08/2006. EXT.P.25: COPY OF THE PANCHAYAT LICENCE DTD. 07/10/2000. EXT.P.25.A: COPY OF THE PANCHAYAT LICENCE DTD. 29/10/2010. EXT.P.25.B: COPY OF THE RECEIPT DTD. 17/02/2011. EXT.P.26: COPY OF THE REPORT DTD. 25/05/2010. EXT.P.27: COPY OF THE NO OBJECTION CERTIFICATE (N.O.C) DTD. 01/12/1995 ISSUED BY THE R.2. EXT.P.27.A: COPY OF THE N.O.C. DTD. 22/09/2006. EXT.P.28: COPY OF THE PANCHAYAT LICENCE DTD. 03/06/2011. EXT.P.29: COPY OF THE VERIFICATION REPORT DTD. 25/05/2010. EXT.P.30: COPY OF THE FOREST N.O.C. DTD. 25/08/2006 ISSUED BY R.2. EXT.P.31: COPY OF THE FEE RECEIPT FOR LICENCE 2011-2012 DTD. 18/02/2011 ISSUED BY PANCHAYAT. EXT.P.32: COPY OF THE VERIFICATION REPORT DTD. 24/05/2010. EXT.P.33: COPY OF THE N.O.C. DTD. 12/09/2006. EXT.P.34: COPY OF THE VERIFICATION REPORT DTD. 24/05/2010. EXT.P.35: COPY OF THE FOREST N.O.C. DTD. 29/11/2006 ISSUED BY R.2. EXT.P.36: COPY OF THE LICENCE FEE RECEIPT DTD. 26/02/2009 ISSUED BY THE PANCHAYAT. EXT.P.36.A: COPY OF THE LICENCE FEE RECEIPT FOR 2011-12 DTD. 13/02/2011 ISSUED BY PANCHAYAT. EXT.P.37: COPY OF THE VERIFICATION REPORT DTD. 25/05/2010. EXT.P.38: COPY OF THE RECEIPT FOR PANCHAYAT LICENCE FEE DTD. 25/04/2011. W.P.(C). NO.19383/2011-W: EXT.P.38.A: COPY OF THE FOREST N.O.C. DTD. 03/02/2005. EXT.P.39: COPY OF THE VERIFICATION REPORT DTD. 25/05/2010. EXT.P.40: COPY OF THE PANCHAYAT LICENCE NO.5/97-98 DTD. 20/05/97. EXT.P.40.A: COPY OF THE FEE RECEIPT DTD. 15/03/2006. EXT.P.41: COPY OF THE VERIFICATION REPORT DTD. 24/05/2010. EXT.P.42: COPY OF THE N.O.C. DTD. 18/10/2006 ISSUED BY THE R.2. EXT.P.43: COPY OF THE PANCHAYAT LICENCE DTD. 26/04/2011. EXT.P.44: COPY OF THE APPLICATION FOR N.O.C. WAS REGISTERED AS S.L.C. NO. 4573/10 AND THE VERIFICATION REPORT. EXT.P.45: COPY OF THE N.O.C. DTD. 30/12/2002. EXT.P.46: COPY OF THE LICENCE FEE RECEIPT DTD.22/02/2011 ISSUED BY THE PANCHAYAT. EXT.P.47: COPY OF THE VERIFICATION REPORT DTD. 25/05/2010. EXT.P.48: COPY OF THE N.O.C. NO.C.1-1842/95 DTD. 10/04/1995. EXT.P.49: COPY OF THE N.O.C. DTD. 27/04/1999. EXT.P.50: COPY OF THE VERIFICATION REPORT DTD 28/05/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 19383 OF 2011 ----------------------------------------------------- Dated this the 28th day of July, 2011 J U D G M E N T Petitioners are owners of saw mills. 2. According to the petitioners their mills have been in existence prior to 30.10.2002 and that their applications for NOC are pending consideration before the first respondent. It is stated that at that stage, steps were taken for closure of their unit evidenced by Ext.P5 notice. It is thereupon this writ petition is filed. 3. Prima facie, the materials produced by the petitioners support their contentions except in the case of petitioner Nos. 13 and 15 whose cases shall be dealt with separately. 4. In so far as the first petitioner is concerned Ext.P1 is the SSI Registration issued in W.P.(C) No. 19383 OF 2011 :2 : the year 1983 and Ext.P1(a) is the Factory licence issued in 1997. Ext.P2 is the NOC issued by the Divisional Forest Officer in 1998. Ext.P3 is the Panchayath licence issued in 2004 which has been renewed subsequently. First petitioner applied for NOC and Ext.P4 is the verification report. It was while so that Ext.P5 notice of closure was issued on the ground that the petitioners did not have NOC. 5. As far as the 2nd petitioner is concerned Ext.P6 is the SSI registration issued in 1994, Ext.P7 is the Panchayath licence issued in 1996 and Ext.P8 is the NOC issued by the Divisional Forest Officer in 1993. Meanwhile, the 2nd petitioner also applied for NOC, the verification report of which is Ext.P9. 6. As far as the 3rd petitioner is concerned Ext.P10 is the SSI registration certificate issued in respect of the unit in the name of the previous owner. This document is dated 25.8.1987 and has W.P.(C) No. 19383 OF 2011 :3 : been renewed subsequently. Ext.P12 evidences payment of D & O licence fee for 2007-2008. In the meanwhile the mill was transferred into the name of the 3rd petitioner and her husband made an application for NOC. Ext.P13 is the verification report. 7. In so far as the 4th petitioner is concerned Ext.P14 is the SSI registration issued in 1990. Ext.P15 is the factory licence issued in 1988, which has been renewed till 2006. Ext.P16 shows that Panchayath licence was issued for the period 1999-2000 and Ext.P16(a) is the certificate issued by the Panchayath certifying the continued functioning of the mill. Meanwhile, the 4th petitioner also applied for NOC and Ext.P17 is the verification report. 8. As far as the 5th petitioner is concerned Ext.P18 is the licence issued by the Panchayath. Ext.P18(a) (b) and (c) are its renewal. Ext.P19 is the licence issued by the Factories and Boilers W.P.(C) No. 19383 OF 2011 :4 : Department in 1997 and Ext.P20 is the NOC issued by Divisional Forest Officer in 1999. The 5th petitioner also applied for NOC and Ext.P20(a) is the verification report. 9. As far as the 6th petitioner is concerned Ext.P21 is the certificate of SSI registration issued in 1981. It is stated to have been renewed subsequently till date. Ext.P22 is the factory licence issued in 1997 and Ext.P23 is the NOC issued by the Divisional Forest Officer in 1999. Ext.P23(a) is a subsequent NOC issued by the Divisional Forest Officer which certifies the functioning of the mill since 1981. In so far as the 6th petitioner is concerned along with I.A.12226/11 the verification report on the NOC application made by the petitioner has been produced as Ext.P23(b). 10. As far as the 7th petitioner is concerned Ext.P24 is the NOC issued by the Divisional Forest Officer in 1994. Ext.P24(a) is a subsequent NOC W.P.(C) No. 19383 OF 2011 :5 : issued by Divisional Forest Officer on 25.8.2006 which states that the mill has been in existence since 1995. Ext.P5 is the Panchayath licence issued in 2001 and Ext.P25(a) shows that the licence was renewed for the period 2010-2011. An application for NOC was made by the 7th petitioner and Ext.P26 is the verification report. 11. In so far as the 8th petitioner is concerned Ext.P27 is the NOC issued by the Divisional Forest Officer on 1.12.1995 and Ext.P27 (a) is the another NOC issued by the Divisional Forest Officer on 22.9.2006, which certifies that the mill was in existence from 1997. Ext.P28 is the licence issued by the Panchayath for the period 2011-2012. This petitioner also applied for the issuance of NOC and Ext.P29 is the verification report. 12. In so far as the 9th petitioner is concerned Ext.P30 is the NOC issued by the Divisional Forest Officer on 25.8.2006 which shows W.P.(C) No. 19383 OF 2011 :6 : that the mill has been functioning since 1996. Ext.P31 is the fee receipt for the licence issued by the Panchayath for 2011. This petitioner also made application for NOC and Ext.P32 is the verification report. 13. In so far as the 10th petitioner is concerned Ext.P33 is the NOC which states the functioning of the unit since 1983. Ext.P34 is the verification report on his application for NOC. This report also confirms the functioning of the unit since 1983. 14. In so far as the 11th petitioner is concerned Ext.P35 is the NOC issued on 29.11.2006 which states that the mill was functioning since 1993. Exts.P36 and P36(a) shows that the licence fee has been paid for the period 2011-2012. This petitioner also applied for NOC and Ext.P37 is the verification report. 15. Coming to the case of the 12th petitioner Ext.P38 shows the payment of licence for the W.P.(C) No. 19383 OF 2011 :7 : period 2009-2011. Ext.38(a) is the NOC issued on 3-2-2005, which certifies that the mill has been functioning since 1983-1984. Application was made for NOC and Ext.P39 is the verification report. 16. In so far as the 14th petitioner is concerned Ext.P42 is the NOC obtained on 18.10.2006 certifying the functioning of the mill since 1994. Ext.P43 is the Panchayath licence for the period 2011-2012 and Ext.P44 is the verification report on the application made for NOC. This report confirms the existence of the unit prior to 30.10.2002. 17. In so far as the 16th petitioner is concerned Ext.P48 is the NOC issued on 10.4.1995 and Ext.P49 is another NOC issued in 1999. He also made application for NOC and Ext.P50 is the verification report confirming the existence of the unit prior to 30.10.2002. 18. Therefore in so far as the petitioners, except petitioners 13 and 15 are concerned, the W.P.(C) No. 19383 OF 2011 :8 : aforesaid materials prima facie shows the existence of their industrial units prior to 30.10.2002 and also the pendency of their NOC applications before the first respondent. In such circumstances, I am inclined to think that the closure notices issued on the ground that NOCs. have not been obtained by them was unwarranted. Therefore, as far as the aforesaid petitioners are concerned, the first respondent is directed to pass orders on the NOC applications made by the respective petitioners and communicate the decision thereon. It is further directed that until such orders are passed and communicated, status quo as on today will be allowed to continue. However the activities in the units will be confined to what is permitted in terms of the licences obtained by the petitioners from the local authority concerned. 19. In so far as the 13th petitioner is concerned the documents produced are Exts.P40(a) W.P.(C) No. 19383 OF 2011 :9 : and Ext.P41. Ext.P40 licence is in the name of Smt.Annapoorni and Ext.P40(a) is also in that name. However Ext.P41 verification report shows that the applicant for NOC is Daivana wife of Subramanian. This inconsistency is not explained and therefore the applicant for NOC cannot take advantage of the licence which is not in her name. 20. Similarly, so far as the 15th petitioner is concerned Exts.P46 and P47 are the documents produced. These documents itself show that the unit of the petitioner has been established subsequent to 30.10.2002. In such circumstances he is also not entitled to the aforesaid benefit. 21. In the result I dispose of the writ petition with the following directions. 22. The 1st respondent shall pass orders on the NOC applications made by the petitioners. Until orders are passed as directed above, status quo as on today will be maintained. It is clarified that the benefit of the order to W.P.(C) No. 19383 OF 2011 :10 : maintain status quo will not be available to petitioners 13 and 15. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge