IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23178 of 2009(N)
1. P.K.UMMER KUTTY HAJI(PROPRIETOR)
... Petitioner
Vs
1. THE DIVISIONAL FOREST OFFICER,
... Respondent
2. THE CHIEF CONSERVATOR OF FOREST,
For Petitioner :SRI.C.K.SREEJITH
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :13/01/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.23178 OF 2009
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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