IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 12290 of 2008(K) -------------------------- PETITIONER: ------------ JOHN JACOB, S/O.JACOB, AGED 60 YEARS, VENGASSERY HOUSE, ALPARA, P.O.KANNARA, THRISSUR. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENTS: ------------- 1. THE SECRETARY, PANANCHERY GRAMA PANCHAYATH, THRISSUR. 2. THE DISTRICT INDUSTRIES CENTRE, REPRESENTED BY ITS MANAGER, THRISSUR. 3. THE POLLUTION CONTROL BOARD, REPRESENTED BY ITS SECRETARY, THRISSUR. 4. SHAJI PADAYATTIL, ALEENA ENGINEERING WORKS, ALPARA, P.O.KANNARA, THRISSUR - 680 652. BY ADV.SHRI M.K.CHANDRAMOHANDAS (SC FOR R3) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE,J. ----------------------------------- W.P.(C)No.12290 OF 2008 ----------------------------------------------------- DATED THIS THE 9TH DAY OF APRIL, 2008 J U D G M E N T The grievance of the petitioner voiced in this writ petition is that the 4th respondent's workshop is generating various types of pollution which makes life miserable for the petitioner in his house which is situated in proximity to the workshop. The petitioner has submitted Exhibit P4 petition before the Senior Environmental Engineer in the District Office of the Pollution Control Board, Thrissur. He has also submitted Exhibit P1 complaint before the Secretary of the Panchayat. 2. I am of the view that in the nature of the orders which are being issued hereunder, it is not necessary that notice should be issued to the 4th respondent. I, however, have heard the submissions of the counsel for the petitioner and those of Shri M.K.Chandramohandas, Standing Counsel for the Pollution Control Board, who has taken notice. The writ petition is disposed of in the following terms. The Senior Environmental Engineer, Pollution Control Board, District Office, Thrissur will conduct an immediate local inspection of the workshop which is being run by the 4th respondent with notice to the 4th respondent and the petitioner and also the 1st respondent. W.P.(C)No. 12290/08 -2- After that inspection, a report will be prepared by the Senior Environmental Engineer and a copy of the same will be furnished to the 1st respondent. The 1st respondent upon receiving the inspection report from the Senior Environmental Engineer of the Pollution Control Board will issue hearing notice to the petitioner and 4th respondent regarding Exhibit P1 complaint submitted by the petitioner. The 1st respondent will, hear the petitioner and the 4th respondent, have due regard to the inspection report submitted by the 3rd respondent-Senior Environmental Engineer and take a correct decision on Exhibit P1 complaint. The 3rd respondent will comply with the directions issued by this Court within one month of receiving a copy of this judgment and the Panchayat will comply with the directions addressed to them within one month of receiving report from the Pollution Control Board. The petitioner is directed to serve a copy of this judgment to the 4th respondent by registered post, acknowledgement due as soon as he receives the same. PIUS C.KURIAKOSE, JUDGE. dsn