IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 WA.No. 529 of 2008 ----------------------------------- AGAINST THE JUDGEMENT IN WPC.33914/2007 Dated 05/02/2008 .................... APPELLANT/PETITIONER IN W.P(C):- -------------------------------------------------- EAPEN JOSEPH, VEPLUKUNNEL HOUSE, CHEMALAMATTOM P.O., VIA. KANJIRAPPALLY, KOTTAYAM DISTRICT. BY ADV. SRI.KURIAN GEORGE KANNANTHANAM(SR) SRI.VIJU ABRAHAM SRI.JOY C. PAUL SRI.DOMINIC JOHNSON RESPONDENTS/ RESPONDENTS 1 TO 5 & ADDL.RESPONDENTS.6 TO 12 IN WP(C):- ----------------------------------------------------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOTTAYAM. 3. POONJAR GRAMA PANCHAYAT, POONJAR P.O., PIN-686 581, REPRESENTED BY ITS SECRETARY. 4. BOBY THOMAS, MANAGING PARTNER, M/S. ARANGATH LATEX, ARANGATH HOUSE, ARUMANOOR P.O., KOTTAYAM-686 581. 5. GEORGE SCARIA, PARTNER, M/S. ARANGATH LATEX, ARANGATH HOUSE, ARUMANOOR P.O., KOTTAYAM-686581. W.A.NO.529/2008 -2- 6. P.M. JOSE, AGED 71 YEARS, S/O. MATHAI, PURAYIDATHIL MATTEL HOUSE, KOONDOOR VILLAGE, THIDANADU, KOTTAYAM DISTRICT, TRUSTEE, ST. JOSEPH CHURCH, VARIYANIKADU. 7. SR. MARIETTA C.M.C., MOTHER SUPERIOR, CARMEL CONVENT, THIDANADU, MEENACHIL TALUK. 8. SR. THRESSIAMMA P.V., PRINCIPAL, CARMEL RANI PUBLIC SCHOOL,VARIYANIKADU, THIDANADU, MEENACHIL TALUK. 9. LEELAMANI K.R., WORKER, ANGANVADI CENTRE NO.67, THIDANADU, MEENACHIL TALUK. 10. OMANA, WORKER, ANGANVADI CENTRE NO.119,THIDANADU, MEENACHIL TALUK. 11. P.S. GOPALAN, S/O. SHANKARAN, PEZHUMKATTIL HOUSE, THIDANADU, MEENACHIL TALUK. 12. SUDHAKARAN P.M., S/O. MADHAVAN, CHALIL HOUSE, THIDANADU, MEENACHIL TALUK. R1 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. R2 BY ADV.SRI.M.K.CHANDRAMOHAN DAS. R3 BY ADV.SRI.ROJO JOSEPH. R4 & R5 BY ADV.SRI.GEORGE POONTHOTTAM. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------------------ W.A.No.529 of 2008 ------------------------------------------------------- Dated, this the 6th day of March, 2008 JUDGMENT H.L.Dattu, C.J. This appeal is directed against the orders passed in W.P.(C) No.33914 of 2007 dated 5-2-2008. The appellant in this writ appeal was the petitioner in the writ petition. In the petition so filed, the petitioner had sought for a direction to respondents 1 to 3 in the writ petition to stop the construction of the industrial unit M/s.Arangath Latex, of respondents 4 and 5 in the writ petition. (2). Even before approaching this Court, the petitioner had filed several representations before the third respondent for the reliefs sought for in the writ petition. Since the third respondent had not taken any action on the representations so filed by the petitioner, he is constrained to approach this Court. The learned Single Judge has disposed of the writ petition with certain observations and directions. (3). At the time of hearing of this writ appeal for admission, Sri.Kurian George Kannanthanam, learned senior counsel appearing for the appellant would submit that, for the present, this Court may issue a direction to the third respondent to consider all the representations filed by the petitioner and including the representation that may be filed by him today, in accordance with law after affording an opportunity of being heard to the appellant and to take a decision in the matter as early as possible. (4). The learned counsel appearing for the contesting respondent has no objection to the request made by the learned senior counsel. W.A.No.529/2008 -2- (5). In view of the above, without going into other details of this appeal, the same is disposed of as under: Order (i). After receipt of Annexure-I representation that would be filed by the appellant today before the Committee of the Grama Panchayat, the Committee will consider Annexure-I representation in accordance with law and in accordance with the provisions of the Panchayat Raj Act, as expeditiously as possible at any rate within a month's time from today. (ii). The Committee is directed to afford an opportunity of being heard to the appellant/petitioner and also the contesting respondent before taking a decision on Annexure-I representation. (iii). The Committee while deciding even Annexure-I representation shall not be influenced by any one of the observations made by the learned Single Judge while disposing of the writ petition. (6). In view of the order passed in the writ appeal, I.A.No.254 of 2008 is closed. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE MS