IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 WP(C).No. 466 of 2007(E) ------------------------ PETITIONER: ------------ 1. AMBILI M.V., MANNIL HOUSE, ATHIRUNGAL, KOODAL VILLAGE, PATHANAMTHITTA. 2. P.N.DEVARAJAN, PATHALIL HOUSE, ATHIRUNGAL, KOODAL VILLAGE, PATHANAMTHITTA. 3. LISSY BABU, NIRAVELIL PUTHENVEEDU, ATHIRUNGAL, KOODAL VILLAGE, PATHANAMTHITTA. 4. R.SADANANDAN, NIRAVELIL HOUSE, ATHIRUNGAL, KOODAL VILLAGE, PATHANAMTHITTA. 5. K.RAJAN, CHEDIYATH, ATHIRUNGAL, KOODAL VILLAGE, PATHANAMTHITTA. BY ADV. SRI. K.SHAJ RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT. 2. THAHASILDAR & EXECUTIVE MAGISTRATE, ADOOR. 3. THE POLLUTION CONTROL BOARD, PATHANAMTHITTA. 4. THE SECRETARY, KALANJOOR GRAMA PANCHAYAT PATHANAMTHITTA. 5. THE HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, KOODAL. 6. KUNJAMMA DANIEL, THURUTHIYIL VEEDU, ATHIRUNGAL, KOODAL VILLAGE, PATHANAMTHITTA. 7. THE SECRETARY TO GOVERNMENT, PUBLIC HEALTH DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.V.PHILIP MATHEW (SC FOR THE PANCHAYAT BY G.P. SRI.K.J.MUHAMMED ANZAR BY SRI.M.K.CHANDRAMOHAN DAS (SC FOR PCB) BY SRI.SHANAVASKHAN (R6) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2008, ALONG WITH WPC 9969/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 466/2007 &9969 of 2008 ---------------------------------- Dated this the 1st day of April , 2008 JUDGMENT The issue in both these writ petitions relates to the conduct of piggery unit by the petitioner in W.P.(C) No.9969/2008. Such conduct was opposed by the petitioner in W.P.(C) No.466/2007 on the reason that pollution of various types are being generated by the piggery unit. 2. I have heard the submissions Sri.S.Shanavaskhan the learned counsel for the petitioner in W.P.(C) No.9969/2008, Sri.K.Shaj the learned counsel for the petitioner in W.P.(C) No.466/2007, Sri.M.K.Chandramohan Das the learned Standing Counsel for the Pollution Control Board, Sri. V.Philip Mathew, the learned Standing Counsel for the Panchayat and Sri.Muhammed Anzar the learned Government Pleader. It is obvious that application submitted by the petitioner in W.P.(C) No.9969/2008 for seeking renewal of licence in respect of the piggery is pending with the Panchayat. It is also obvious that the Pollution Control WPC No.466/2007 & another 2 Board, which had previously issued consent to the petitioner in W.P.(C) No.9969/2008, had on conducting further inspection of the piggery unit issued certain directions to the petitioner for compliance so as to make the piggery unit free from pollution. The owner of the piggery unit claims that all the directions have been complied with and there is no hurdle before the Pollution Control Board for renewal of the consent which had been earlier issued. The owner of the piggery unit even claims that he has obtained NOC from the District Medical Officer pursuant to the directions given to him by the Pollution Control Board. If the claim of the owner of the piggery unit is correct, I do not find any reason for declining renewal of licence. Whatever that be, both these writ petitions will stand disposed of issuing the following directions; i). The Pollution Control Board will take up application, if any submitted by the petitioner in W.P.(C) No. 9969/2008 for the issuance of renewal consent regarding his piggery unit. The consent, as applied for, will be issued only if the Pollution Control Board is convinced that all the directions issued by the Board to the petitioner have been complied with by him satisfactorily. The WPC No.466/2007 & another 3 needful in the above regard will be done by the Pollution Control Board within one month from today. ii). Similarly the Panchayat is directed to take up the application for renewal of licence submitted by the petitioner in W.P.(C) No.9969/2008, consider the same on the basis of the statutory requirements, hear the petitioner in that case and also the petitioner in W.P.(C) No.466/2007 and take a final decision on the application for renewal of licence Outer limit for complying with the above direction to the Panchayat is two months from today. Iii). The interim order issued in W.P.(C) No. 9969/2008 will continue till the decision is taken by the Panchayat. PIUS C. KURIAKOSE JUDGE dpk