On the interim relief asked by North Malabar Plywood & Door Manufacturers Association and other industry stakeholders concerning the prevention of new license to wood based industry, the Learned Special Government Pleader (Forest) has sought time to get instructions until Kerala Forest Research Institute & State Level Committee submit final report, assessing the availability of wood.
It was submitted by the learned Senior Counsel for the petitioners that Ext.P6 Rules mandates the constitution of a State Level Committee, which is to assess the availability of wood, prior to the issuance of license to wood-based industries. Although Ext.P7 purports to constitute the State Level Committee, the respective officers have not been nominated. Therefore, petitioners seek an interim relief preventing the concerned among the respondents from granting any fresh licenses, unless and until the State Level Committee is constituted in accord with Ext.P6 Rules and the necessary requirements in terms of law be met by the said Committee.
However as per the state, the Departments have nominated suitable officers and the State Level Committee has thus come into effect. Thereafter, the Kerala Forest Research Institute has been entrusted with the task of conducting the study, and two reports have already been received. But the final report is yet to be received; hence the Learned Special Government Pleader would submit that fresh licenses will be issued only after obtaining the final report from the Kerala Forest Research Institute and in compliance with the Rules.
Recording the submissions made by the learned Special Government Pleader, the Court directs that no fresh license shall be issued in respect of industries which are covered by Ext.P6 Rules, except in accordance with the requirements of Ext.P6 Rules and after obtaining the final report from the Kerala Forest Research Institute. This interim Order is given for the time being, subject to the objection of the petitioners (NMPDMA) that the Kerala Forest Research Institute is not a competent body in terms of Ext.P6 Rules to conduct the study.