Disposed

N.C.Gangadharan v. State of Kerala

Kerala HC19 Feb 2009WP(C)/4065/2009

Case brief

AI extract

What is this about?

This writ petition challenged the requirement of a fresh No Objection Certificate from the Forest Department for renewing a Saw Mill licence. The court directed the empowered committee to consider the request expeditiously within two months and permitted the petitioner to continue operations for that period.

What did the court decide?

The petitioner is permitted to continue operating the Saw Mill for a period of two months while the empowered committee considers the application for the No Objection Certificate.

N.C.Gangadharan Vs State of Kerala — Environment and Pollution | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE S.SIRI JAGAN

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THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930

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WP(C).No. 4065 of 2009(H)

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-------------------------

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PETITIONER(S):

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---------------

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N.C. GANGADARAN, NITTUCHENGOT HOUSE, KOLAVAYAL, MUTTIL P.O., WAYANAD.

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BY ADV. MR.S.M.PRASANTH

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RESPONDENT(S):

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---------------

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1. STATE OF KERALA, REP. BY SECRETARY,DEPT. OF FORESTS, SECRETARIAT, THIRUVANANTHAPURM.

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2. DIVISIONAL FOREST OFFICER, WAYANAD, KALPETTA, WAYANAD.

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3. MUTTIL GRAMAPANCHAYATH,REP. BY ITS SECRETARY, MUTTIL P.O., KALPETTA, WAYANAD DISTRICT PIN 673 121.

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ADDLR4: CHIEF CONSERVATOR OF FORESTS, SPECIAL AFFORESTATION AND NODAL OFFICER, THIRUVANANTHAPURAM

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(IMPLEADED AS PER ORDER IN I.A.NO.2075/99 DTD.19.2.2009)

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ADV. MR.MANOJ RAMASWAMY FOR R3 GOVERNMENT PLEADER MR. SANDESH RAJA

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :

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WP(C).No. 4065 of 2009

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EXT.P1:	COPY OF NOTICE ISSUED TO HIM BY R3 ON 27.01.2009.
EXT.P2:	COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DIVISIONAL FOREST OFFICER SPECIAL, KOZHIKODE DTD 20.08.1983.
EXT.P3:	COPY OF THE ACKNOWLEDGE NO.15602 DTD 01.12.2007.
EXT.P4:	COPY OF LATEST CONSENT TO OPERATE THE INDUSTRY ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DTD 27.11.2007.
EXT.P5:	COPY OF THE LICENCE ISSUED BY R3 FOR THE YEAR 2008-09.
EXT.P6:	COPY OF LETTER NO.9874/G2/05/LD DTD 23.03.2005.
EXT.P7:	COPY OF LETTER NO.FC3-680/08 DTD 17.03.2008.
EXT.P8:	COPY OF THE APPLICATION FILED BEFORE THE EMPOWERED COMMITTEE DTD 5.2.2009.

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TRUE COPY

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PA TO JUDGE.

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S. SIRI JAGAN, J.

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W.P.(C)No.4065 OF 2009

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Dated this the 19^th day of February, 2009

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JUDGMENT

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The petitioner is stated to be running a Saw Mill since 1983.

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He was in possession of licence for the said purpose which was

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issued after obtaining No Objection Certificate from the Forest Department. Now the 3^rd respondent has insisted on producing fresh No Objection Certificate from the Forest Department for renewal of the licence. According to the petitioner, for renewal of licence, no No Objection Certificate from the Forest Department is required. However, he has by way of abundant caution filed an application for NOC. He now submits that, that application may be directed to be disposed of without prejudice to the contention of the petitioner that no NOC is required for renewal of licence.

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I have heard the learned Government Pleader also. The Learned Government Pleader submits that the request for NOC has to be considered by the empowered committee and the committee would require at least four months' time to consider the application.

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W.P.(c)No.4065/09

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After hearing both sides, I dispose of this writ petition with a direction to the concerned empowered committee to consider the request of the petitioner for NOC, which the learned Government Pleader admits having received, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. In the meanwhile, the petitioner shall be permitted to continue the Saw Mill for a period of two months.

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S. SIRI JAGAN, JUDGE

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Acd

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W.P.(c)No.4065/09 3

N.C.Gangadharan v. State of Kerala

Case brief

What is this about?

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N.C.Gangadharan v. State of Kerala

Case brief

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