IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY,THE8H DAY OF NOVEMBER201317TH KARTHIKA, 1935 WP(C).No. 29586 of 2003 (V) ---------------------------------------- PETITIONER: ------------------- M/S. MALABAR RURAL INDUSTRIES, POYOUR, MAYYIL - KANNUR, ADILY REGISTERED PARTNERSHIP FIRM, REP. BY ITS MANAGING PARTNER, B.M. ABOOBACKER, S/O. BEDI MAMUNJI HAJI, B.M.A. HOUSE, VANDIPETTA, P.O. NADAKAVU, CALICUT. BY ADVS.SRI.M.RAMESH CHANDER, SRI.M.ASKOHAN, SRI. P.J.
DEVAPRASANTH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF FOREST, MINISTRY OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM.
2. DIVISIONAL FOREST OFFICER, KANNUR, (RESPONDENT ONE REPRESENTED BY GOVT. PLEADER, HIGH COURT OF KERALA, ERNAKULAM. BY SPL. GOVT. PLEADER SRI. M.A. THOMASKUTTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON0811-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Prv. W.P.(C).NO.29586/2003-V: APPENDIX PETITIONER'S EXHIBITS: EXT.P.1: COPY OF THE DEED OF RE-CONSTITUTION OF PARTNERSHIP DEED DTD. 01/07/02. EXT.P.2: COPY OF THE STOCK BALANCE REPORT. EXT.P.3: COPY OF THE G.O.(P).NO.53/98 DTD. 16/07/98. EXT.P.4: COPY OF THE APPLICATION FILED BY PETITION APPLYING FOR N.O.C. EXT.P.5.SERIES1TO53 COPIES OF THE ENTRY PASSES ISSUED BY DIFFERENT CHECKPOSTS OF KERALA FOREST DEPARTMENT TO THE PETITIONER. EXT.P.6: COPY OF THE ADVERTISEMENT OF AUCTION PUBLISHED IN MATHRUBHOOMI NEWS DAILY DTD. 13/01/04. EXT.P.6SERIES (3 IN NUMBERS): TRUE COPIES OF THE TRANSIT PASSES ISSUED BY FOREST DEPARTMENT. RESPONDENTS' EXHIBIT: EXT.R2.A: COPY OF THE ORDER
OF THIS HON'BLE COURT DTD. 19/11/2004 IN W.P.(C).16409/2003. /TRUE COPY// P.A. TO JUDGE. Prv. P.R.RAMACHANDRA MENON, J.
- - - - - - - - - - - - - - - - - - - - - W.P.(c) No.29586 OF2003- - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of November, 2013 JUDGMENT
The petitioner has approached this Court with the following prayers : "(i) Directing the 2nd respondent to issue No Objection Certificate to the petitioner establishment. (ii) Such other reliefs this Hon'ble Court deem fit and proper to grant." 2. The learned Government Pleader appearing for the respondents submits that the prayer of the petitioner to grand NOC to the petitioner for starting a Sandalwood Oil Unit is not liable to be entertained by virtue of the statutory bar under Section 47C (2) of the Kerala Forest Act. The aforesaid provision reads as follows : "47C . Prohibition of possession and transport of sandalwood and sandalwood oil - (1) Notwithstanding anything contained in any law for the time being in force or in any judgment, decree, or order of any Court, no person shall,- W.P.(C)No.29586/2003 2 (i) possess or transport any quantity of sandalwood in excess of one kilogram; or (ii) possesses or transport any quantity of sandalwood oil in excess of one hundred millilitre: Provided that the authorised officer may issue licence for the possession or transport of sandalwood in excess of one kilogram to religious institutions, artisans, licensed manufacturers and registered practitioners of indigenous medicines or any corporation or society owned or controlled by the Government for their bona fide purposes, on payment of such fees, in such manner and subject to such restrictions and conditions as may be prescribed: Provided further that the authorised officer may issue licence for the possession or transport of sandalwood oil in excess or one hundred millilitre to the licensed manufactures of cosmetics, drugs and other material in which sandalwood oil is an essential ingredient, for their bona fide purposes, on payment of such fees, in such manner and subject to such restrictions and conditions as may e prescribed. (2) Notwithstanding anything contained in any law for the time being in force or in any judgment, decree or order of any Court, no person except the Government or public sector undertakings W.P.(C)No.29586/2003 3 owned by Government shall disintegrate or attempt to disintegrate sandalwood in mills or by other contrivance, manufacture or distil, or attempt to manufacture or distil oil from sandalwood or re-distil, refine or sell oil extracted from sandalwood." 3. The learned Government Pleader points out that, no such factory can be permitted in the private sector as on date. In the said circumstances, this Court finds that the relief sought for by the petitioner is not liable to be entertained on merits. The writ petition is dismissed as devoid of any merit. P.R.RAMACHANDRA MENON JUDGE sv. W.P.(C)No.29586/2003 4