IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 33848 of 2009(A) -------------------------- PETITIONER(S): --------------- SIVADASAN, AGED 46, S/O.KUMARAN KARUVAPPADY,PERUMKULANGARA HOUSE, MELOOR, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP BY THE SECRETARY TO GOVT, LOCAL SELF GOVERNMENT DEPARTMENT,GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MELOOR GRAMA PANCHAYATH REP BY ITS SECRETARY, MELOOR PO,CHALAKUDY, THRISSUR DISTRICT. 3. THE ENVIRONMENTAL ENGINEER DISTRICT OFFICE, KERALA STATE POLLUTION CONTROL BOARD, POONKUNNAM, THRISSUR. 4. THE HON'BLE OMBUDSMAN OFFICE OF THE HON'BLE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. 5. REJI SASIKUMAR, KALLITTUSIL VEEDU KARUVAPADY DESOM, MELOOR PO, CHALAKUDY, THRISSUR. ADV. SRI.JOHN NUMPELI (JUNIOR) FOR R2 SRI.P.V.PAULSON FOR R2 SRI.K.I.ABDUL RASHEED FOR R5 SRI.K.A.SHAMSUDEEN FOR R5 BY SC FOR PCB SRI. M.K.CHANDRAMOHAN DAS BY GOVT PLEADER SRI. V. MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.33848 OF 2009 (A) -------------------------------------------------- Dated this the 26th day of March, 2010 J U D G M E N T Petitioner submitted Ext.P4 application to the respondent Panchayat for renewal of Ext.P2 licence in respect of his furniture manufacturing unit. By Ex.P6, the Panchayat informed that, his application will be considered, on his producing consent from the Pollution Control Board and that until then the unit should be stopped. 2. Subsequently petitioner has obtained Ext.P8 consent from the Pollution Control Board, by which he has been granted consent for manufacturing handmade wooden furniture. In the light of Ext.P8 consent, petitioner prays that the Panchayat be directed to grant renewal of licence as sought by him. 3. A reading of Ext.P8 consent order shows that consent is granted only for manufacturing hand made wooden furniture and that the application made by the petitioner was to renew the license in respect of his furniture unit, where manufacturing was by employing electric power. Therefore, if the petitioner is to get a licence on the strength of Ext.P8 for manufacturing hand made WPC.No.33848 /09 :2 : wooden furniture, as rightly pointed out by the counsel for the Panchayat he should make a fresh application. 4. However, the 5th respondent, a neighboring resident submits that if a licence is granted to the petitioner, even if it is for hand made wooden furniture, having regard to his past experience, the petitioner is likely to misuse the same. 5. The possibility of misuse pointed out by the 5th respondent is not a reason to deny renewal of licence to the petitioner, especially since it is the responsibility of the Panchayat to ensure that such misuse does not happen. 6. Therefore, I dispose of this writ petition, directing that on the strength of Ext.P8 consent order issued by the Pollution Control Board, it will be open to the petitioner to make an application to the 2nd respondent Panchayat, in which event, Panchayat shall consider the application and pass orders without any delay in the matter. 7. Once licence is granted and the petitioner starts, manufacturing, if any unauthorized activity is resorted to, it will be open to the 5th respondent to bring the same to the notice of the 2nd respondent Panchayat, in which event, it will be the WPC.No.33848 /09 :3 : responsibility of the Secretary of the Panchayat to examine such grievance and take appropriate action in the matter. 8. In so far as the grievance of the petitioners against the Electricity Board is concerned, once license is granted by the Panchayat, it is clarified that it will be open to the petitioner to move the Electricity Board for restoration of the power. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/