IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 WP(C).No. 23178 of 2009(N) -------------------------- PETITIONER: --------------- P.K.UMMER KUTTY HAJI(PROPRIETOR) MAILATTY WOOD INDUSTRIES, CHOWKI, MAILATTY P.O, KASARAGOD - 671 319. BY MR.C.K.SREEJITH, ADVOCATE RESPONDENTS: --------------- 1. THE DIVISIONAL FOREST OFFICER, OFFICE OF DIVISIONAL FOREST OFFICER, KANNUR. 2. THE CHIEF CONSERVATOR OF FOREST, DEPARTMENT OF FOREST, TRIVANDRUM. * ADDL.R3: THE MEMBER SECRETARY/THE CHIEF CONSERVATOR OF FOREST STATE LEVEL COMMITTEE FOR CENTRAL EMPOWERED COMMITTEE CONSTITUTED BY HON'BLE SUPREME COURT OF INDIA, FOREST HQ TRIVANDRUM OFFICE OF THE CHIEF CONSERVATOR OF FOREST. (*ADDL. R3 IS IMPLEADED AS PER ORDER DATED 13.01.2010 IN I.A.No.12965/2009) BY MR.HANIL KUMAR, GOVERNMENT PLEADER FOR R1 & 2 MR.K.T.THOMAS, ADVOCATE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.23178 OF 2009 --------------------------------------- Dated this the 13th day of January, 2010. J U D G M E N T The petitioner herein is the proprietor of the Industrial Unit called M/s.Mailatty Wood Industries in Kasaragod District. It is a wood based unit and the averments regarding the manufacturing process is that the unit is producing Plywood and Block boards. It is claimed that the unit is functioning from 1995 onwards. The No Objection Certificate for the time was being renewed from time to time and Exhibit P1 is the order renewing the NOC dated 02.01.2002. 2. The petitioner had purchased the unit as per Exhibit P2 dated 10.07.2007. The petitioner seeks for transferring the NOC issued by the Forest Department in the name of the partnership firm which is running the unit now. Seeking for appropriate orders in the matter, this writ petition has been filed. 3. In the statement filed by the Forest Range Officer on behalf of the 1st respondent it is pointed out that the Divisional W.P.(C) No.23178/2009 2 Forest Officer is not an authorized officer to issue NOC. In the light of the directions issued by the Apex Court, only the State Level Committee constituted by the Central Empowered Committee can go into the matter. In these circumstances, the petitioner has filed Exhibit P8 before the additional 3rd respondent. There will be a direction to the additional 3rd respondent to process Exhibit P8 and appropriate decision will be taken within a period of four months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp