IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 W.A.No. 1669 of 2008 ----------------------------------- AGAINST THE JUDGEMENT IN WPC.21489/2008 DATED 17/07/2008 .................... APPELLANT/PETITIONER: ------------------------------------- M.J.MATHEW, S/O.LATE JOSEPH, AGED 50, ST.JOSEPH SAW MILL, ACHANKAVALA, MADAKKATHANAM MUVATTUPUZHA BY ADV. SRI.JOHNSON MANAYANI RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. MANJALLOOR GRAMA PANCHAYAT, REP. BY ITS SECRETARY, MANJALLOOR PO., ERNAKULAM DISTRICT. 2. THE CHIEF ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, GANDHI NAGAR, KOCHI. 3. THE DIVISIONAL FOREST OFFICER, KOTHAMANGALAM. 4. E.C.JOSEPH, S/O.CHACKO, NELLIKKATHIL VEEDU, MADAKKATHANAM MUVATTUPUZHA, ERNAKULAM DIST. 5. CENTRAL ENVIRONMENT COMMITTEE CONSTITUTED BY THE SUPREME COURT OF INDIA, ROOM NO.106, PARYAVARAN BHAVAN, CSO COMPLEX, LODHI ROAD, NEW DELHI-3, REP. BY MEMBER SECRETARY. R3 BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.A.No. 1669 of 2008 ------------------------------------------ Dated, this the 20th day of August, 2008 JUDGMENT H.L.Dattu, C.J. This is second round of litigation by the petitioner. On the earlier occasion, the petitioner herein was the second respondent in W.P. (C) No.28371 of 2007 filed by the 4th respondent in the present appeal. In the said writ petition, the petitioner had sought for a writ in the nature of certiorari to quash Ext.P15 order passed by the Ombudsman for the Local Self Government Institutions. By the said order the Ombudsman had directed the Pollution Control Board to conduct an inspection and issue appropriate direction to the second respondent, namely the appellant herein, who is conducting a sawmill, so that the second respondent will not generate any pollution to the detriment of the petitioner. 2. The learned Single Judge has disposed of that writ petition with the following directions: “i) The second respondent will pursue the application, which he claims to have filed before the Central Empowered Committee constituted pursuant to the order of the Supreme Court in Godavarman Thirumulkpad's case and will produce orders obtained by him from the Central Empowered Committee before the first respondent Panchayat within two months from today. W.A.No.1669 of 2008 2 ii) If orders are not produced within the stipulated time, the first respondent Panchayat will issue hearing notice to the second respondent and the petitioner regarding a proposal to cancel the licence currently issued to the second respondent. The Panchayat will take a decision on the question of cancelling the licence issued to the second respondent in the light of the principles laid down by the Supreme Court in Godavarman Thirumulkpad's case.” 3. After disposal of the said writ petition, the first respondent Grama Panchayat has issued a stop memo (Ext.P7) directing the petitioner to close down his sawmill till he obtains appropriate NOC/licence from the Central Empowered Committee. The said stop memo was called in question by the petitioner in the present writ petition. The learned Single judge, in our opinion, has rightly rejected the writ petition. 4. To run a sawmill the petitioner requires a licence and without there being a licence he cannot be conducting any business whatsoever. Since the petitioner does not have a licence, the Grama Panchayat is justified in directing him to close down the sawmill till he obtains appropriate NOC/licence from the competent authority. W.A.No.1669 of 2008 3 5. In that view of the matter, we do not see any error in the orders passed by the learned Single Judge which would call for our interference in appeal. Therefore, the writ appeal requires to be rejected and it is rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns