IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 26914 of 2008(D) -------------------------------------- PETITIONER(S): --------------------- 1. UMMER, S/O. ABDUL RAHMAN, AGED 52, MARAKKAPARAMBIL, KEEZHMAD PANCHAYATH, ALUVA EAST VILLAGE, ALUVA. 2. V.M. NAZAR, S/O. MEETHIAN BAVA, VELUTHEDATH HOUSE, KEEZHMAD, ALUVA. BY ADV. SRI.T.K.VENUGOPALAN SRI.SHIBU JOSEPH RESPONDENT(S): ------------------------ 1. THE CHIEF ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, ERNAKULAM, KOCHI-20. 2. THE KEEZHMAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KEEZHMAD, ALUVA. 3. C.A. ISMAIL, S/O. ABDUL REHMAN, PROPRIETOR, POWER PLAST, KEEZHMAD, ERUMATHALA, ALUVA. ADV. SRI.M.K.CHANDRAMOHAN DAS FOR R1 ADV. SRI.S.SHANAVAS KHAN FOR R2 ADV. SMT.S.INDU FOR R2 ADV. SRI.LIFFY P. FRANCIS FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 26914/2008-D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMMUNICATION DATED 18/06/08 FROM 2ND RESPONDENT TO THE 3RD RESPONDENT. EXT.P2: COPY OF THE COMPLAINT SUBMITTED BY PETITIONERS AND OTHERS BEFORE THE 2ND RESPONDENT ON 10/06/08. EXT.P3: COPY OF THE PETITION DATED 23/07/08 SUBMITTED BEFORE THE 2ND RESPONDENT. EXT.P4: COPY OF THE COMMUNICATION DATED 20/02/08 FROM THE 1ST RESPONDENT TO THE 3RD RESPONDENT. EXT.P5: COPY OF THE SHOW CAUSE NOTICE ISSUED TO THE 3RD RESPONDENT. EXT.P6: COPY OF THE PLAINT IN O.S. NO.286/08 BEFORE THE MUNSIFF'S COURT, ALUVA. EXT.P7: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C). NO. 23141/08. EXT.P8: COPY OF THE CONSENT ORDER DATED 25/08/08. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE SSI CERTFICATE ISSUED BY THE DEPARTMENT OF INDUSTRIES KERALA DATED 24/04/2008. EXT.R3(b): COPY OF THE LICENCE DATED 19/04/07 ISSUED BY 2ND RESPONDENT REF. NO.131/07-08. EXT.R3(c): COPY OF THE LICENCE DATED 16/06/06 ISSUED BY THE 2ND RESPONDENT REF. NO.144/06-07. EXT.R3(d): COPY OF THE LICENCE DATED 25/06/05 ISSUED BY THE 2ND RESPONDENT REF. NO.185/05-06. EXT.R3(e): COPY OF THE G.O.(R1)NO.2536/2002 H & FWD DATED 21/10/02. EXT.R3(f): COPY OF THE MASS REPRESENTATION SUBMITTED BY THE NEIGHBOURS BEFORE THE 2ND RESPONDENT. //TRUE COPY// P.S. TO JUDGE Rs/ V.GIRI, J. ------------------------- W.P.(C).No.26914 of 2008 ------------------------- Dated this the 29th day of October, 2008. JUDGMENT The petitioners are aggrieved by the order of consent issued by the Pollution Control Board, in favour of the 3rd respondent, for conducting an Industrial Establishment for the manufacture of plastic pipes. According to the petitioners, the unit generates great environmental pollution and is located in a thickly populated area. The petitioners are also aggrieved by the licence issued, in this regard, by the 2nd respondent Panchayat in favour of the 3rd respondent. 2. It is now admitted, on all sides, that the petitioners have preferred an appeal against the grant of licence by the Pollution Control Board, before the Appellate Tribunal under the Air (Prevention and Pollution Control) Act. It seems that the Panchayat, though declined to issue a licence, had later, taken note of the consent issued by the Pollution Control Board and issued a licence. The said licence is valid from the date on which the consent order was issued. In other words, both the statutory authorities would be required to W.P.(C).NO.26914/08 :: 2 :: consider the renewal of the licence for the period beyond 31.12.2008. In the result, the writ petition is disposed of directing the 1st respondent to issue notice to the petitioners on renewal of consent sought for by the 3rd respondent for the period beyond 31.12.2008 and hear the petitioners before taking a decision on the application. So also, the 2nd respondent shall issue notice to the petitioners on any application for extension of the period of licence or renewal of the licence, as the case may be, sought for by the 3rd respondent for the period beyond 31.12.2008. Sd/- (V.GIRI) JUDGE sk/ //true copy//