IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 WP(C).No. 15515 of 2010(L) ---------------------------------------- PETITIONER(S): ------------------------ MINI.S, KARUNA BLUE METALS, CHIRAKKARA.P.O, KOLLAM - 691 578, RESIDING AT PONNOOSE VILLA, PUTHANKULAM.P.O, KOLLAM. BY ADVS. SRI.S.SANTHOSH KUMAR, SMT.P.LISSY JOSE. RESPONDENT(S): --------------------------- 1. THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. 2. CHIRAKKARA GRAMA PANCHAYATH, CHERAKKARATAZHAM.P.O, KOLLAM - 691 578. 3. THE SECRETARY, CHIRAKKARA GRAMA PANCHAYATH, CHERAKKARATHAZHAM.P.O, KOLLAM - 691 578. 4. THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOLLAM. 5. R. BHUVANACHANDRAN NAIR, PRESIDENT, AYIRAVILLI KSHETHRA DEVASWOM, EDAVATTOM, CHIRAKKARA.P.O, KOLLAM - 695 578. BY SRI.SURIN GEORGE IYPE, ADV.COMMR. R2 & R3 BY ADV. SRI.V.VENUGOPALAN NAIR R4 BY ADV. SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOARD R5 BY ADVS.SRI.N.RAGHURAJ, SMT.K.AMMINIKUTTY, SRI.BIJU SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15515/2010 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SALE DEED NO.4995/2008. P2: COPY OF THE RENEWAL OF CONSENT TO ESTABLISH DTDX. 23/03/2009 ISSUED BY THE 4TH RESPONDENT. P3: COPY OF THE LICENSE DTD. 02/05/2009 ISSUED BY THE 3RD RESPONDENT. P3(A): COPY OF THE LICENSE DTD. 18/02/2009 ISSUED BY THE JOINT DIRECTOR OF FACTORIES AND BOILERS. P3(B): COPY OF THE DEALERS LICENSE DTD. 8/04/2010 ISSUED BY THE GEOLOGIST, KOLLAM. P4: COPY OF THE COMPLAINT DTD. 11/03/2009 FILED BY THE 5TH RESPONDENT BEFORE THE OMBUDSMAN. P5: COPY OF THE REPORT DTD. 1/12/2009 OF THE DEPUTY DIRECTOR OF THE PANCHAYATH BEFORE THE 1ST RESPONDENT. P6: COPY OF THE ORDER DTD. 5/12/2009 PASSED BY THE 1ST RESPONDENT. P7: COPY OF THE ORDER DTD. 15/02/2010 PASSED BY THE 3RD RESPONDENT. P8: COPY OF THE CONSENT TO OPERATE DTD. 13/04/2010 ISSUED BY THE 4TH RESPONDENT. P9: COPY OF THE REPORT DTD. 8/02/2010 OF THE 4TH RESPONDENT BEFORE THE 1ST RESPONDENT. P10: COPY OF THE ORDER DTD. 9/04/2010 OF THE 1ST RESPONDENT. P11: COPY OF THE ORDER DTD. 19/04/2010 PASSED BY THE 3RD RESPONDENT. P12: COPY OF THE LETTER DTD. 30/04/2010 OF THE 3RD RESPONDENT. P13: COPY OF THE ORDER DTD. 11/05/2010 OF THE 1ST RESPONDENT. P14: COPY OF THE LETTER DTD. 14/05/2010 ISSUED BY THE 3RD RESPONDENT. P15: COPY OF THE AGREEMENT DTD. 30/08/2010 EXECUTED BETWEEN THE PETITIONER AND THE 5TH RESPONDENT. Kss ..2/- ...2..... WPC.NO.15515/2010 L RESPONDENT'S ANNEXURES: ANNEX.1: MAHASSER. ANNEX.II: REPORT OF THE SURVEYOR COMPRISING OF SKETCH, TABLE OF POINTS FIXED AND THEIR MEASUREMENTS AND WORKSHEET. ANNEX.III: COPIES OF STATEMENTS RECORDED 6 IN NUMBER. ANNEX.IV: COPY OF THE AFFIDAVIT SUBMITTED BEFORE THE ADVOCATE COMMISSIONER AND DOCUMENTS ATTACHED THERETO. ANNEX.R4(A): COPY OF THE CIRCULAR NO.PCB/T1/17/80 DTD. 30/04/1998 OF PCB. /TRUE COPY/ P.A.TO JUDGE Kss A.K.BASHEER, J. --------------------------- W.P.(C) No. 15515 OF 2010 -------------------------- Dated this the 11th day of October, 2010 J U D G M E N T When this writ petition is taken up for consideration, learned counsel for the petitioner submits that the contesting parties have settled the matter out of court, as can be seen from Ext.P15 agreement executed by them. Now the limited prayer is to issue a direction to respondent No.2-Panchayat to consider the application submitted by the petitioner for renewal of licence. The writ petition is disposed of with a direction to respondent No.2-Panchayat to consider and pass orders on the application submitted by the petitioner for renewal of licence in accordance with law. A.K.BASHEER, (JUDGE) vps WPC No. 2