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Kerala High Court
T.K. Thampi vs Divisional Forest Officer on 31 March, 2026
W,P(C) No.38420 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 31ST DAY OF MARCH 2026 / 10TH CHAITHRA, 1948
WP(C) NO. 38420 OF 2025
PETITIONER:
T.K. THAMPI,
AGED 59 YEARS
SON OF KURIAKOSE, RESIDING AT THARAVATTATHIL HOUSE,
KADAMATTOM PO, PERUMVAMMOOZHY, AIKARANAD NORTH,
ERNAKULAM, PIN - 682311
BY ADVS.
SRI.PEEYUS A.KOTTAM
SMT.EMIL HANNA THOMAS
RESPONDENTS:
1 DIVISIONAL FOREST OFFICER
OFFICE OF THE DIVISIONAL FOREST, KOTHAMANGALAM,
ERNAKULAM DISTRICT, PIN - 686691
2 AIKARANAD GRAMA PANCHAYAT
AIKKARANAD GRAMA PANCHAYAT OFFICE, KADAYIRIPPU,
KERALA, REPRESENTED BY ITS SECRETARY, PIN - 682311
BY ADV.
SRI.ABRAHAM P.MEACHINKARA, SC
SRI.T.P.SAJAN, SPL GP(FOREST
W,P(C) No.38420 of 2025
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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.03.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W,P(C) No.38420 of 2025
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JUDGMENT
Petitioner approached this Court aggrieved by Ext.P20 Order,
whereby, an N.O.C sought for by the petitioner has been
rejected.
2. Heard the learned counsel for the petitioner and the
learned Special Government Pleader.
3. Learned counsel for the petitioner would submit that the
petitioner's request for N.O.C. was earlier rejected, vide
Ext.P15 Order issued by the 1st respondent/D.F.O. The specific
reason stated in Ext.P15 is that the petitioner is involved
in a forest offence and that his machinery, etc. were
confiscated in that offence. Ext.P15 was challenged before
this Court, which culminated in Ext.P19 judgment. The Order
impugned was quashed. It was specifically taken stock of in
Ext.P19 as follows:
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"...Pending the writ petition, the
proceedings which were pending before the
Additional District and Sessions Court-VII,
Ernakulam in CMA No.78/2018 have become final
by order dated 29.07.2024. The appeal filed
by the petitioner has been allowed and the
order of the Divisional Forest Officer
bearing No.A2 8555/2013 dated 08.05.2018 has
been set aside. The said case related to a
forest offence and the Court has clearly held
that the petitioner did not have any
involvement in the offence. The petitioner
submits that in view of Ext.P18 order, there
can be no further objection regarding the
grant of NOC for running the unit of the
petitioner. I find justification in the
submission made."
4. Finding so, this Court directed as follows, vide Ext.P19
judgment:
"In the above circumstances, this writ
petition is allowed. Exts.P12 and P14 are
quashed. There will be a direction to the 1st
respondent to consider the grant of NOC to
the petitioner's unit having regard to
Ext.P18 order and grant NOC if the petitioner
complies with all other requirements.
Necessary action shall be completed at the
earliest, at any rate within one month from
the date of receipt of a copy of this
judgment."
5. It is pursuant to Ext.P19 that the impugned Ext.P20
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Order has been passed. Learned counsel would submit that the
self-same reason has been stated in Ext.P20, that is to say,
the petitioner is involved in a forest offence, to reject the
N.O.C sought for.
6. Learned Special Government Pleader (Forest) would invite
this Court's attention to paragraph no.12 of the counter
affidavit, wherein the contention that the petitioner is
involved in a forest offence is seen repeated. On the legal
side, it was urged that a conviction, as such, is not
necessary. All what is required is that the petitioner has
indulged in the offence, in which case, license will not be
issued.
7. Having heard the learned counsel for the petitioner and
the learned Special Government Pleader (Forest), this Court
finds that Ext.P20 Order is in contemptuous disregard of the
directions contained in Ext.P19 judgment. In Ext.P19
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judgment, this Court specifically took note of the fact that
the petitioner has no involvement, whatsoever, in the forest
offence, as found in the appeal. Thereafter, the High Court
found that it finds justification in the submission made by
the petitioner. It is on such basis that the Orders impugned
therein (produced in that Writ Petition as Exts.P12 and P14)
were quashed. If that be so, the very same contention that
the petitioner is involved in a forest offence cannot be a
ground to reject the N.O.C sought for. It is relevant to note
that Ext.P19 judgment has become final and there was no
appeal, whatsoever, carried by the 1st respondent/D.F.O.
8. In the circumstances, Ext.P20 Order cannot be sustained
and the same will stand set aside. There will be a direction
to the 1st respondent/D.F.O. to issue N.O.C. within a period
of two weeks from today (31.03.2026). As already indicated
the 1st respondent D.F.O had acted in defiance of the findings
in Ext.P19 judgment, with the result, the petitioner was
compelled to approach this Court, again. This Writ Petition
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is, therefore, allowed with a cost of Rs.25,000/- (Rupees
Twenty Five Thousand only) to be paid by the
1st respondent/D.F.O. to the petitioner, within the said
period of two weeks from today. The Special Government
Pleader (Forest) will inform the gist of this judgment to the
1st respondent/D.F.O. today itself.
The Writ Petition will stand allowed, as indicated
above.
Sd/-
C. JAYACHANDRAN, JUDGE
ww
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APPENDIX OF WP(C) NO. 38420 OF 2025
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE LICENSE DATED
20.09.1993 ISSUED BY 2ND RESPONDENT
AIKKARANAD GRAMA PANCHAYAT FOR THE YEAR
1993-94 FOR RUNNING PETITIONER'S SAWMILL
WITH 50HP ELECTRIC MOTORS
EXHIBIT P2 THE TRUE COPY OF CERTIFICATE OF PERMANENT
REGISTRATION ISSUED BY THE GOVERNMENT OF
KERALA, DEPARTMENT OF INDUSTRIES AND
COMMERCE DATED 01.06.1994
EXHIBIT P3 THE TRUE COPY OF THE NO OBJECTION
CERTIFICATE BEARING NO. E1 2891/2007
DATED 31.12.2007 ISSUED BY THE DIVISIONAL
FOREST OFFICER, KOTHAMANGALAM
EXHIBIT P4 THE TRUE COPY OF THE RECEIPT SHOWING
PAYMENT OF RS.500/- DATED 11.09.2013 FOR
RENEWAL OF THE NOC
EXHIBIT P5 THE TRUE COPY OF THE LETTER ISSUED BY THE
DISTRICT MEDICAL OFFICER OF HEALTH,
ERNAKULAM DATED 23.04.2016
EXHIBIT P6 TRUE COPY OF THE NO OBJECTION CERTIFICATE
DATED 25.05.2016 ISSUED BY THE ASSISTANT
DIVISIONAL OFFICER, FIRE AND RESCUE
SERVICES, ERNAKULAM TO RUN THE
PETITIONER'S SAWMILL UNIT
EXHIBIT P7 THEPANCHAYATH WAS RENEWING THE LICENSE
PERIODICALLY FROM TIME TO TIME. TRUE COPY
OF THE LICENSE NO.116/2020-2021 DATED
12.06.2020 ISSUED BY THE 2ND RESPONDENT
PANCHAYAT WHICH IS VALID FROM 11.06.2020
TO 31.03.2021
EXHIBIT P8 TRUE COPY OF THE INTEGRATED CONSENT TO
OPERATE - RENEWAL ISSUED BY KERALA
POLLUTION CONTROL BOARD DATED 02.03.2023
WHICH IS RENEWED UPTO 30.06.2028
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EXHIBIT P9 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER BEFORE 2ND RESPONDENT
PANCHAYAT SECRETARY FOR RENEWAL OF
LICENSE FOR THE YEAR 2023-2024 DATED
25.03.2023
EXHIBIT P10 THE TRUE COPY OF THE LETTER ISSUED BY THE
PANCHAYATH TO THE PETITIONER DATED
11.04.2023
EXHIBIT P11 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER TO THE 1ST
RESPONDENT DIVISIONAL FOREST OFFICER
DATED 12.04.2023
EXHIBIT P12 THE TRUE COPY OF THE NOTICE DATED
18.05.2023 ISSUED BY THE DIVISIONAL
FOREST OFFICER TO THE PETITIONER
EXHIBIT P13 TRUE COPY OF RELEVANTPAGE NO. 1 TO 8 OF
SRO NO. 162/2021 WHEREIN KERALA FOREST
(REGULATION OF SAWMILLS AND OTHER WOOD-
BASED INDUSTRIAL UNITS) RULES, 2021
EXHIBIT P14 THE TRUE COPY OF THE ORDER BEARING NO.
G1-WB1-6626/2013 DATED 16.07.2018 ISSUED
BY THE DIVISIONAL FOREST OFFICER,
KOTHAMANGALAM REJECTING THE APPLICATION
FOR RENEWAL OF LICENCE OF THE PETITIONER
EXHIBIT P15 THE TRUE COPY OF THE CONFISCATION ORDER
BEARING NO. A2-8555/2013 DATED 08.05.2018
OF MALAYATTOOR DIVISIONAL FOREST OFFICER
EXHIBIT P16 THE TRUE COPY OF THE ORDER OF THE HON'BLE
DISTRICT COURT, ERNAKULAM IN I.A. NO.
5373/2018 IN CMA NO. 78/2018 DATED
08.01.2019
EXHIBIT P17 THE TRUE COPY OF THE ORDER IN CMA
NO.78/2018 DATED 29.07.2024 PASSED BY THE
ADDITIONAL DISTRICT JUDGE VII, ERNAKULAM
EXHIBIT P18 THE TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO. 17307/2023 DATED 19.07.2023
EXHIBIT P19 THE TRUE COPY OF THE JUDGMENT IN WP (C)
25697 OF 2023 DATED 28.02.2025
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EXHIBIT P20 THE TRUE COPY OF THE ORDER BEARING NO.
G1-WBI-6626/13 DATED ...09.2025 ISSUED BY
1ST RESPONDENT
RESPONDENT EXHIBITS
EXHIBIT R1(A) A TRUE COPY OF THE FORM NO.II SUBMITTED
BEFORE THE HONOURABLE JFCM COURT
III,PERUMBAVOOR IN CASE NO.O.R NO.21/2017
EXHIBIT R1(B) TRUE COPY OF LETTER NO.K2-600/14 DATED
17/05/2016
EXHIBIT R1(C) TRUE COPY OF ORDER NO.G1-WB1-6626/13
DATED 16.07.2018
