SUDEVAN Vs. CHIEF CONSERVATOR OF FOREST

JUDGEMENT

(1.) The judgment of the learned single Judge in WP (C) No. 33212 of 2007 dated 14th January, 2008 is the subject matter of this Writ Appeal.

(2.) The petitioner with an intention to commence a "furniture unit" has submitted an application before the officials of the Forest Department for grant of "No Objection Certificate"(for short NOC), to produce the same before the Industries Department to obtain permission to commence his furniture unit. In the application so filed, it is stated that there is no forest land within the radius of 5 Kms from the proposed site and that there is no restriction for grant of No Objection Certificate by the Forest Department.

(3.) After receipt of the application so filed by the petitioner, the Divisional Forest Officer, Nenmmara, Palakkad District has issued Ext. P3 order directing the petitioner to submit the application before the Central Empowered Committee. It is this order (Ext. P3) was questioned by the petitioner before this Court. This Court, while entertaining the Writ Petition had issued notice to the respondents. After receipt of the notice, the respondents have filed detailed counter affidavit stating that in terms of the Supreme Court order, no State Government or Union Territory will permit the opening of any sawmills, veneer or plywood industry without prior permission of the Central Empowered Committee. In the counter affidavit, they have also relied on Annexure R2(b) order passed by the Government of Kerala wherein it is stated that for all wood based industries, clearance should be obtained from the Central Empowered Committee .