IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 31936 of 2008(B) -------------------------------------- PETITIONER(S): --------------------- M.C.SAJEED, S/O,MOHAMMAD KUNJU AGED 37 YEARS, PROPRIETOR, M/S.RUBY CASHEWS VELLAMKULANGARA, HARIPAD, DISTRICT ALAPPUZHA RESIDING AT KOTTAKUZHIYIL(CHAKKALETHU HOUSE), KATTACHIRA, PALLICKAL PO., KARTHIKAPPALLY, ALAPPUZHA. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.ANOOP JOSEPH SRI.ABHILASH AKBAR SRI.T.B.SIVAPRASAD RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT OF KERALA, INDUSTRIES DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF FACTORIES AND BOILERS THIRUVANANTHAPURAM. 3. INSPECTOR OF FACTORIES AND BOILERS ALAPPUZHA. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 31936/2008-B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION DATED 26/06/2008 ALONGWITH THE ACCOMPANYING DOCUMENTS SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P2: COPY OF THE LETTER DATED 06/10/2008 BEARING NO.T2/5821/2008/F & B/L.DIS. ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P3: COPY OF THE LETTER DATED 20/10/2008 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT RE-SUBMITTING THE APPLICATION. EXT.P4: COPY OF THE LICENCE A2.34/08-09 DATED 01/09/2008 ISSUED BY THE SECRETARY, VEYAPURAM GRAMA PANCHAYAT TO THE PETITIONER. EXT.P5: COPY OF THE NO OBJECTION LETTER ISSUED BY THE DISTRICT MEDICAL OFFICER (HEALTH) ALAPPUZHA TO THE SECRETARY, VEEYAPURAM GRAMA PANCHAYAT. EXT.P6: COPY OF THE CONSENT LETTER BEARING FILE NO.PCB/ALP/UCE-96/08 DATED 01/04/2008 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER. EXT.P7: COPY OF THE ORDER NO.C3/253/2008/D. DIS DATED 24/05/2008 ISSUED BY THE TOWN PLANNER, DPARTMENT OF TOWN AND COUNTRY PLANNING OFFICE OF THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM TO THE SECRETARY, VEEYAPURAM PANCHAYAT. EXT.P8: COPY OF THE NO OBJECTION CERTIFICATE BEARING NO.B1/1812/08 DATED 29/07/2008 ISSUED BY THE ASSISTANT DIVISIONAL OFFICER, FIRE AND RESCUE SERVICE, ALAPPUZHA TO THE SECRETARY, VEEYAPURAM GRAMA PANCHAYAT AND THE DISTRICT COLLECTOR, ALAPPUZHA. EXT.P9: COPY OF THE MUSTER ROLL MAINTAINED BY M/S.RUBY CASHEWS, VELLAMKULANGARA, HARIPPAD FOR THE PERIOD FROM END SEPTEMBER, 2008 TILL THE PERIOD END OCTOBER, 2008. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ V.GIRI, J. ------------------------- W.P.(C).No.31936 of 2008 P ------------------------- Dated this the 1st day of December, 2008. JUDGMENT The petitioner set up a cashew factory at Vellamkulangara, allegedly after complying with all legal formalities. The factory is set up for manufacturing, servicing roasting, shelling, peeling and grading of cashew nuts. The petitioner submits that he has obtained a licence in this regard from the 2nd respondent. 2. Ext.P1 application was submitted before the 3rd respondent to be considered by the 2nd respondent. Certain defects were noted as per Ext.P2 letter and the application was re-submitted to the 2nd respondent as per Ext.P3, apparently after curing the defects, according to learned counsel for the petitioner. The same has to be considered by the 2nd respondent, Director of Factories and Boilers, Thiruvananthapuram. 3. Learned counsel for the petitioner submits that the defects noted in Ext.P2 were only W.P.(C).NO.31936/2008 :: 2 :: minor. At any rate, they have been cured. That is a matter for consideration by the Director of Factories and Boilers. 4. In the result, the writ petition is disposed of directing the 2nd respondent to consider Ext.P3, along with the application filed under the Factories Act, and verify whether the defects pointed out in Ext.P2 have been cured or not. If they have been cured, orders may be passed, within two months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 2nd respondent for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy//