IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 15818 of 2011(B) -------------------------- PETITIONER(S): --------------- BINU ABRAHAM ZACHARIAH,VATTAMPARAMBIL HOUSE,NEAR IPC ,KUMBANAD PO,THIRUVALLA PATHANAMTHITTA- 689 547. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): --------------- 1. KERALA STATE POLLUTION CONTROL BOARD, REP.BY ITS SECRETARY,PATTOM,THIRUVANANTHAPURAM 695 035. 2. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, KAKKANATTU COMMERCIAL COMPLEX, PATHANAMTHITTA 689 645. 3. THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISION OFFICE, THIRUVALLA 689 101. 4. KOIPURAM GRAMA PANCHAYAT,REP.BY ITS SECRETARY,OFFICE OF THE KOIPURAM GRAMA PANCHAYAT, PULLAD,PIN 689 548. 5. INDIAN PENTECOASTAL CHURCH OF GOD,THE GENERAL COUNCIL OFFICE,HEBRONPURAM,KUMBANAD 689 547,REP.BY ITS DIRECTOR. ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,POLL.C.BOARD FOR R1&2. GOVT.PLEADER SRI.GEORGE VADAKKEL FOR R3 R4 BY ADV.SRI.JAYAKRISHNAN R5 BY ADVS.SRI.P.HARIDAS, SRI.S.SIKKY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SU W.P.C.NO.15818/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT IN W.P.(C).NO.3888 OF 2011, DATED 8TH FEBRUARY, 2011. P2: COPY OF THE ORDER OF THE 3RD RESPONDENT, DATED 17/3/2011. P3: COPY OF THE ORDER NO.PCB/PTA/COMP/239/2010, DATED 26/2/2011. P4: COPY OF THE JUDGMENT IN O.P.(Crl.) NO.1358/2011, DATED 11TH APRIL, 2011. P5: COPY OF THE CONSENT TO ESTABLISH ISSUED BY THE 1ST RESPONDENT, DATED 6/5/2011. P6: COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT, DATED 19/5/2011. RESPONDENT'S EXHIBITS: R2(a): A COPY OF THE LETTER NO.PCB/PTA/COMP/239/2010 DATED 26/2/2011 ISSUED TO THE GENERAL PRESIDENT, I.P.C BY THE 2ND RESPONDENT. R2(b): A COPY OF THE LETTER NO.PCB/PTA/COMP/239/2010 DATED 26/2/2011 ISSUED TO SECRETARY, KOIPPURAM GRAMA PANCHAYATH BY THE 2ND RESPONDENT. R2(c): A COPY OF THE LETTER NO.IPC GEN/513/11 DATED 8/3/2011 FROM THE IPC GENERAL PRESIDENT TO THE 2ND RESPONDENT. R2(d): A COPY OF THE LETTER NO. IPC GEN/492/11 DATED 6/1/2011, FROM THE IPC GENERAL PRESIDENT TO THE 2ND RESPONDENT. R5(a): COPY OF THE AGREEMENT DATED 9/12/2010. R5(b): COPY OF THE DEMAND DRAFT DATED 25/1/2011. R5(c): COPY OF THE LETTER DATED 17/2/2011 ISSUED BY THE 4TH RESPONDENT. R5(d): COPY OF THE REPORT DATED 22/2/2011. R5(e): COPY OF THE LETTER DATED 1/3/2011 ISSUED BY THE 4TH RESPONDENT. /TRUE COPY/ P.A. TO JUDGE SU ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 15818 of 2011 B ``````````````````````````````````````````````````````````` Dated this the 10th day of October, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ In respect of an auditorium established by the fifth respondent, on an application that was made, the first respondent had issued Ext.P5 consent to establish a sewage treatment plant. It appears that, objecting to Ext.P5, petitioner filed Ext.P6 objection and that the same was not considered. It was thereupon the writ petition is filed. 2. Admittedly, as at present, consent to operate the sewage treatment plant in question has not been issued by the first respondent and necessarily, the fifth respondent will have to obtain such consent also. 3. Now that objecting to Ext.P5, petitioner has already filed Ext.P6, I direct that, when the application for consent to operate the sewage treatment plant of the fifth W.P.(C) No.15818/2011 : 2 : respondent is taken up for consideration, the second respondent shall consider Ext.P6 objection filed by the petitioner also. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/10/10 // True Copy // P.A. To Judge