IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 10932 of 2008(B) -------------------------- PETITIONER: ------------ M/S.BLUE MOUNTAIN GRANITES, A PARTNERSHIP FIRM REPRESENTED BY ITS MANAGING PARTNER MATHEW M.PATHROSE, S/O.M.M.PATHROSE, AGED 48, VELLIKKULANGARA, MATTATHOOR PANCHAYATH, CHALAKKUDY. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: ------------- 1. THE KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICER, THRISSUR, PIN - 680 002. 2. THE MATTATHOOR GRAMA PANCHAYATH, MATTATHOOR P.O., THRISSUR DIST. PIN - 680 692. SC SRI.M.K.CHANDRAMOHAN DAS SC SRI.DHANYA ASHOKAN (R2) BY ADV. SRI.M.R.VENUGOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 10932 of 2008 ---------------------------------- Dated this the 10th day of April, 2008 JUDGMENT The grievance of the petitioner is that on account of delay on the part of the Pollution Control Board in issuing consent to operate, the petitioner is unable to get licence from the second respondent Panchayat. 2. As directed by me, the first respondent Pollution Control Board has filed a statement. Annexure R1 (a) is a copy of the report submitted by the Environmental Engineer of the Board. The last paragraph of Annexure R1 (a) reads as follows; “It is also submitted that the Board will consider the issue of 'Consent to Operate' the crusher only after the Board have verified that all the conditions specified in the “Consent to Establish” issued to the crusher unit are complied with. The unit is also required to apply afresh for “Consent to Operate”. WPC No.10932/2008 2 3. Heard both sides. Having regard to the submissions addressed before me, this writ petition itself will stand disposed of issuing the following directions; i). The District Environmental Engineer of the first respondent Board in Thrissur District is directed to conduct an inspection of the premises of the petitioner immediately for the purpose of verifying whether the conditions, which had been imposed under the consent to establish, have been complied with by the petitioner. If the inspection reveals that all the conditions have been complied with and if there are no impediments for issuing consent to establish, such consent will be issued to the petitioner. ii). Once consent is issued, the petitioner will produce the same before the second respondent Panchayat and thereupon, the second respondent will duly process the application for licence and pass final orders on the application submitted by the petitioner for licence. Iii). It is needless to point out that the second respondent should not be influenced by Exts.P7 and P8 while taking decision on the licence application. PIUS C. KURIAKOSE JUDGE dpk WPC No.10932/2008 3