IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 29986 of 2011(W) ---------- -------------------------- PETITIONER: -------------------- D.E.JOHNSON, S/O.DENUL JOHNSON, AGED 41 YEARS, PALM GROVE, CHAVARA SOUTH P.O., THEKKUMBHAGAM VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN-691584. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. NEENDAKARA GRAMA PANCHAYATH, REP. BY ITS SECRETARY, NEENDAKARA P.O., KOLLAM-691582. 3. THE KERALA STATE POLLUTION CONTROL BOARD, REP. BY ITS ENVIRONMENTAL ENGINEER, O/O.THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOLLAM. BY GOVT. PLEADER SRI.BIJU MEENATTOOR. R3 BY ADV.SRI.M.K.CHANDRAMOHAN DAS, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU WP(C).No. 29986 of 2011(W) APPENDIX PETITIONER(S) EXHIBITS : EXT.P1 A TRUE COPY OF THE LICENSE NO.N/QLN/11/748/06 ISSUED TO THE PETITIONER'S UNIT BY THE DEPARTMENT OF FACTORIES AND BOILERS. EXT.P2 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 9/8/2011. EXT.P3 TRUE COPY OF THE REPLY DATED 2/9/2011 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P4 A TRUE COPY OF THE NOTICE OF INTENTION OF CLOSURE DATED 29/9/2011 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P5 A TRUE COPY OF THE APPLICATION FOR CONSENT DATED 12/10/2011 ALONG WITH THE AFFIDAVIT OF THE PETITIONER AND COPY OF THE DEMAND DRAFT. EXT.P6 A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A TO JUDGE. STU HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.29986 Of 2011 ---------------------- Dated this the 10th day of November, 2011. J U D G M E N T The writ petition is filed seeking to quash Ext.P6 notice issued by the 2nd respondent and for a direction commanding the 3rd respondent to consider Ext.P5 application for consent within a time limit to be fixed by this Court. 2. When the matter was taken up for consideration, the learned counsel for the petitioner submits that Ext.P5 application is pending consideration before the 3rd respondent and requests this Court to issue a direction to the 3rd respondent to consider and pass appropriate orders thereon within a time limit. 3. Heard the learned counsel for the petitioner and standing counsel for the 3rd respondent. In view of the limited relief sought for in the writ petition, this Court is of the view that the writ petition can be disposed of without issuing notice to the respondents 1 & 2. In the facts and circumstances of the case, the writ petition is disposed of with a direction to the 3rd respondent to consider ::2:: W.P.(C).No.29986 Of 2011 and pass appropriate orders on Ext.P5 application within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. All further proceedings pursuant to Ext.P6 shall be kept in abeyance till Ext.P5 application is disposed of by the 3rd respondent. HARUN-UL-RASHID, Judge. bkn/-