IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 23452 of 2008(P) -------------------------- PETITIONER: ------------ T.A.M. POOKUNHIKOYA THANGAL, S/O T.A.M. ATTAKOYA THANGA, THEVARAPARAMBATH, P.O. PERUVAYAL, KOZHIKODE DISTRICT. BY ADV. SRI.SRINATH GIRISH SRI.E.NARAYANAN RESPONDENTS: ------------- 1. THE SECRETARY, PERUVAYAL, GRAMA PANCHAYATH, P.O. POOVATTUPARAMBA, KOZHIKODE DISTRICT. 2. THE DIVISIONAL FOREST OFFICER, CIVIL STATION, KOZHIKODE. BY GOVT. PLEADER SRI. RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.23452/2008 ----------------------------------------------------------- Dated this the 7th day of August, 2008 JUDGMENT Ext.P9 order issued by the first respondent Panchayat is under challenge. By Ext.P9, petitioner has been asked to stop the furniture unit until and produce No Objection Certificate from the forest authorities and produced the same. It is also seen that, Ext.P2 application made by the petitioner for renewing the licence was rejected for the aforesaid reason. 2. I heard the learned Special Government Pleader who entered appearance on behalf of the 2nd respondent. He points out that the petitioner's unit has not obtained any No Objection Certificate prior to 29.10.2002 and that in the light of the recent order issued by the Central Empowered Committee, it is for the State Empowered Committee to WP(c).No;23452/2008 2 issue No Objection Certificates, in so far as the furniture units are concerned. 3. The fact that the petitioner's unit has not obtained any No Objection Certificate either from the Central empowered committee or State Empowered Committee is not in dispute. Therefore, it is a mandatory requirement for the petitioner to make an application to the State empowered Committee for obtaining a No Objection Certificate. Since No Objection Certificate is yet to be obtained, I cannot find fault with the Panchayat declining the renewal sought for by the petitioner. However, having regard to the fact that the petitioner's unit is functioning for the last several years and in order to avert the immediate closure of the Unit, I dispose of the this writ petition with the following directions. i. Within ten days from today, the petitioner shall make an application to the State Empowered Committee for a Non Objection Certificate. ii. On receipt of the application from the petitioner as above, the State Empowered Committee shall consider the WP(c).No;23452/2008 3 same and pass appropriate orders there on, as expeditiously as possible and at any rate within six months from the date of receipt of the application as above. iii. It is directed that, in the meanwhile, Ext.P2 application made by the petitioner for renewal of the licence will be considered by the Panchayat and orders thereon will be passed renewing the licence, without insisting for a No Objection Certificate and on a provisional basis for 3 months. Continuance of the licence beyond 3 months will depend upon the petitioner producing the No Objection Certificate from the State Empowered Committee. Produce a copy of the judgment before the first respondent and also before the State Empowered Committee for compliance. ANTONY DOMINIC JUDGE vi. WP(c).No;23452/2008 4