K.P.NOUSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner has been conducting a saw mill in the name and style of "Wood House and Wood Industries". The challenge is against Ext.P1 order passed by the Divisional Forest Officer, viz. the second respondent herein, cancelling the No Objection Certificate issued to the petitioner. Mainly it is contended that the same is issued without giving an opportunity to the petitioner of being heard and therefore the same will violate the principles of natural justice and Articles 14 and 19(1)(g) of the Constitution. It is also the contention of the petitioner that the N.O.C. was issued pursuant to the direction issued by this Court in the judgment in W.P.(C) No.26513/2009 (Ext.P3) which has been confirmed in W.A. No.2738/2009 as well as R.P. No.124/2010 as per Exts.P4 and P4(a). Ext.P5 is the copy of the N.O.C. issued thereafter. The Special Leave Petition filed by the respondents as S.L.P.No.15423/2010 was dismissed by the Apex Court as per Ext.P6 order dated 10.5.2010. Therefore, it is contended that in the light of the inter partes judgment, the order Ext.P1 cannot be supported.

(2.) THE relevant facts with respect to the establishment of the saw mill are the following: It was initially situated in R.S. No.386/5 of Kondotty Village in Ernad Taluk in Malappuram District and in a rented premises and the landlord demanded vacant possession of the same. The petitioner therefore applied to the second respondent for the issuance of NO.C. to shift the saw mill to another premises situated in R.S. No.166/2A/1A/1A of Mallurnad Village in Mananthavady Range of North Wayanad Division. The Divisional Forest Officer, Nilambur forwarded the said application to the Divisional Forest Officer, Mananthavady. After completing the formalities, no objection was granted for shifting the saw mill, as per Ext.P2 order dated 12.2.2009. Thereafter, the petitioner obtained necessary permissions from the Edavaka Grama Panchayat, Fire and Rescue Service and also from the Pollution Control Board. Before starting the same, no objection was sought from the Divisional Forest Officer by filing an application. When delay occurred in the matter, the petitioner approached this Court by filing W.P.(C) No.26513/2009 which was allowed directing the second respondent to issue a No Objection Certificate within one month from the date on which the petitioner produces a certified copy of the judgment. W.A. No.2783/2009 was dismissed with cost of Rs.10,000.00. The review petition filed by the respondents was also dismissed as per Ext.P4(a) order and thereafter by Ext.P5 dated 4.12.2009 the No Objection Certificate was issued. As already noticed, the Special Leave Petition was dismissed by the Apex Court as evident from Ext.P6 order.

(3.) HEARD learned Senior Counsel Shri N.N. Sugunapalan, appearing for the petitioner and Shri M.A. Thomaskutty, learned Special Government Pleader for Forests.