IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 WP(C).No. 23773 of 2010(V) -------------------------------- PETITIONER: -------------- BINU K.ABRAHAM, AGED 36,S/O.M.V.ABRAHAM, MANAGING PARTNER, ST.GREGORIOUS METALS, THELLIYOOR, VENNIKULAM, PATHANAMTHITTA. BY MS.S.SIKKY RAVISHANKAR, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF LOCAL ADMINISTRATION, THIRUVANANTHAPURAM - 689 001. 2. THE COMMITTEE, EZHUMATTOOR GRAMA PANCHAYAT, THELLIYOOR P.O. VENNIKKULAM, PATHANAMTHITTA REPRESENTED BY ITS SECRETARY - 689 544. 3. EZHUMATTOOR GRAMA PANCHAYAT, THELLIYOOR P.O., VENNIKKULAM, PATHANAMTHITTA REPRESENTED BY ITS SECRETARY - 689 544. BY MR. A.J. VARGHESE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.23773 OF 2010 --------------------------------------- Dated this the 29th day of July, 2010. J U D G M E N T The petitioner herein is aggrieved by the stop memo issued by the Panchayath as per Exhibit P15. The petitioner has already filed objections in the matter as per Exhibit P17. 2. The petitioner is running a metal crusher unit within the area of the Panchayath. It is stated that the unit was started as early as in 1997. Exhibits P1 to P4 have been produced to show that consent was granted by the Pollution Control Board and licence was issued by the Panchayath. 3. It appears that there were several writ petitions before this Court challenging various permits/licences issued to the petitioner. Exhibit P12 is the judgment rendered by the Pollution Control Appellate Authority. Pursuant to the same, by Exhibit P13, the Pollution Control Board has issued the consent. Thereafter, the petitioner filed an application for licence before the 3rd respondent as per Exhibit P14. Pending the application, W.P.(C) No.23773/2010 2 stop memo has been issued as per Exhibit P15. 4. It is averred in the writ petition that after receiving Exhibit P13 consent, the petitioner produced a copy of the same before the Panchayath along with requisite fee, which has been received and Exhibit P16 is the copy of the receipt produced by the petitioner evidencing the payment of fee. 5. Learned counsel for the petitioner submitted that so far licence has not been issued and no decision has been taken on the objection filed by the petitioner. There will be a direction to the respondents 2 and 3 to take a decision on the objection submitted by the petitioner, a copy of which has been produced as Exhibit P17, and communicate the decision thereof to the petitioner within a period of three weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp