IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 1909 of 2004(B)
1. PUSHPARANJINI M.K., CHIKKU'S WOOD CRAFT
... Petitioner
2. T.L.VARGHESE, ALPHONSA SAW MILL,
3. M.K.MOHAMMEDKUTTY, SANGAM TRADERS &
4. C.P.GOPI, CHUNGAL SAW MILL,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DIVISIONAL FOREST OFFICER,
3. THE FOREST RANGE OFFICER,
For Petitioner :SRI.M.C.JOHN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
Dated :23/05/2008
O R D E R
K.BALAKRISHNAN NAIR, J.
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Writ Petition (C) No.1909 of 2004-B
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Judgment
The petitioners are running wood-based industries within five kilometres
of reserve forest within the jurisdiction of the 2nd respondent. Petitioners 1,3
and 4 were served with Exts.P5, P10 and P14 notices by the Divisional Forest
Officer, calling upon them to close down their units as they were functioning
within five kilometres of the reserve forest. Reliance was placed in those
notices on various orders of the Apex Court. The petitioners submit, the orders
issued by the Honourable Supreme Court will not affect the functioning of the
existing units. The restrictions are imposed only for the establishment of new
wood based industrial units. Therefore, the grounds stated in Exts.P5, P10 and
P14 are unsustainable. So, they pray for quashing those notices.
2. The respondents have filed a counter affidavit supporting the
impugned notices. But, now the point raised by the petitioners is covered in
their favour by the judgment of this court in OP No.25531/98 and connected
cases dated 25.1.2005. Accordingly, Exts.P5, P10 and P14 are quashed. The
applications of the petitioners for NOC so that they can get renewal of their
WPC 1909/04 2
licences from the local grama panchayat shall be considered by the 2nd
respondent in accordance with law within one month from the date of receipt of
a copy of this judgment. The petitioners shall submit along with the copy of this
judgment, the necessary applications and other documents for the
consideration of their claim for NOC before the 2nd respondent. This judgment
will not affect the liability of the petitioners, if any to comply with the conditions
contained in other relevant Government orders or the orders of this court and
the Apex Court.
The Writ Petition is disposed of as above.
23.05.2008 K.BALAKRISHNAN NAIR,JUDGE sta WPC 1909/04 3