IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 WP(C).No. 24502 of 2008(P) -------------------------- PETITIONER: ---------------- VIJAYAKUMARI, ROHINI, SHANTHUMMOOLA, MALAYINKEEZHU.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: ------------------ 1. MALAYINKIL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MALAYINKIL.P.O, THIRUVANANTHAPURAM. 2. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, SASTHAMANGALAM, THIRUVANANTHAPURAM. 3. THE DIVISIONAL FOREST OFFICER, VAZHUTHACAUD, THIRUVANANTHAPURAM. 4. MEMBER SECRETARY, CENTRAL EMPOWERED COMMITTEE, CONSTITUTED BY THE HONOURABLE SUPREME COURT OF INDIA, ROOM NO.106, PARAYAVARAN BHAVAN, CGO COMPLEX, LODHI ROAD, NEW DELHI-03. 5. S. HARISARMA, PROPRIETOR, MODERN WOOD PRODUCTS, SANTHUMMOOLA, MALAYANKIL.P.O, THIRUVANANTHAPURAM. BY ADV. SMT.K.K.THULASY BHAI,SC,POLLUTION C.BOA FOR R2 SMT.S.A.SHERLY FOR R5 SPL. GOVERNMENT PLEADER SRI. RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24502 of 2008 EXT.P1: COPY OF THE MEDICAL CERTIFICATE DATED 5.9.07 ISSUED BY THE HEAD OF DEPARTMENT OF RESPIRATORY MEDICINE, MEDICAL COLELGE, THIRUVANANTHAPURAM. EXT.P2: COPY OF THE DISCHARGE SUMMARY ISSUED TO THE HUSBAND OF THE PETITIONER FROM PRS HOSPITAL, KILLIPPALAM. EXT.P3: COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE POLLUTION CONTROL BOARD DATED 10.9.07. EXT.P4: COPY OF THE NOTICE NO.PCB/TVM-DO/CE(A)/2172/2004 DATED 24.9.07 ISSUED BY R2. EXT.P5: COPY OF THE ORDER OF THE KEARLA STATE HUMAN RIGHTS COMMISSION IN HRMP NO.3317/07 DTD 14.12.07. EXT.P6: COPY OF THE APPLICATION FOR NOC FILED BY THE 5TH RESPONDENT BEFORE R4 DTD 21.11.2007. EXT.P7: COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.33392/07 DATED 17.3.08. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.24502 OF 2008 ---------------------------------------- Dated this the 21st day of August, 2008 JUDGMENT This writ petition arises in respect of a saw mill formerly being conducted by the 5th respondent. The petitioner would contend that on the complaint made by the petitioner, the licence issued to the 5th respondent for conducting the saw mill was cancelled. Now the 5th respondent has filed Ext.P6 application for NOC for starting the saw mill again, which is now stated to be pending before the 4th respondent Central Empowered Committee without whose no objection the Forest Authorities cannot issue orders in this regard. The petitioner apprehends that she may not be heard in the matter, although it was originally on her complaint that the licence of the 5th respondent was earlier cancelled. 2. In Ext.P7 judgment in the writ petition filed by the 5th respondent also there was a direction to consider the application of the 5th respondent. The petitioner submits that the 5th respondent obtained Ext.P7 judgment from this Court without W.P.(c)No.24502/08 2 making the petitioner a party, although the 5th respondent very well knew that it is on the objection of the petitioner that his licence was earlier cancelled. However, the petitioner now confines his prayer for a direction to the 4th respondent to hear the petitioner also while passing orders on Ext.P6 application as directed in Ext.P7 judgment. 3. I have heard the learned counsel for the petitioner, the learned Special Government Pleader (Forest) and the learned counsel for the 5th respondent. After hearing all parties, I am of opinion that the petitioner is a necessary party to be heard in the matter in so far as the licence of the 5th respondent was earlier cancelled on the complaint made by the petitioner. Accordingly, I direct the 4th respondent to hear the petitioner also while passing orders on Ext.P6 as directed in Ext.P7 judgment. While considering the matter on the basis of the orders of the 4th respondent, the 3rd respondent shall also hear both the petitioner and the 5th respondent. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.24502/08 3