IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 3620 of 2005(E) ----------------------------------- PETITIONER: ------------------- K.K.KUNHIRAMAN, KARIPPADAKKAM HOUSE, PANATHADY VILLAGE P.O., PANATHUR, KASARAGOD DISTRICT. BY ADV. SRI.BABU PAUL RESPONDENTS: ---------------------- 1. PANATHADY GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, PANATHUR, KASARAGODE DISTRICT. 2. SATHEESH JOSEPH, CHAKKUKUNNEL HOUSE, MALAKKATU P.O., RAJAPURAM, (VIA), KASARAGODE DISTRICT. 3. SANTHOSH JOSEPH, CHAKKUKUNNEL HOUSE, MALAKKATU P.O., RAJAPURAM (VIA), KASARAGODE DIST. 4. TRIBUNAL, LOCAL SELF GOVERNMENT INSTITUTION, K.S.R.D.B. BUILDING, PUNNAM ROAD, TRIVANDRUM 695 039. 5. ADDITIONAL R5 - KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS CHAIRMAN, PATTAM.P.O., THIRUVANANTHAPURAM. IMPLEADED AS PER ORDER NO. 24/5/05 IN I.A. 6880/05. BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR. K.J. ADV. SRI.M.RAMESH CHANDER FOR R1 SRI.M.SASINDRAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 3620 of 2005(E) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - A COPY OF THE REPRESENTATION DATED 24.5.2003 EXT.P2 - A COPY OF THE MINUTES OF THE DISCUSSION DATED 28.6.2003 BY ITS 1ST RESPONDENT. EXT.P3 - A COPY OF THE LETTER DATED 17.2.2004 BY THE PETITIONER. EXT.P4 - A COPY OF THE OBJECTION DATED 25.2.2004 BY THE PETITIONER. EXT.P5 - A COPY OF THE REPRESENTATION DATED 14.2.2004 BY THE PETITIONER. EXT.P6 - A COPY OF THE REPORT DATED 26/2/2004 BY THE 1ST RESPONDENT. EXT.P7 - A COPY OF THE JUDGMENT IN W.P. NO.6806/2004 DATED 7/7/2004. EXT.P8 - A COPY OF THE RESOLUTION DATED 11/8/2004 BY THE 1ST RESPONDENT. EXT.P9 - A COPY OF THE JUDGMENT IN APPEAL 19/2004 DATED 20/12/2004 BY THE 4TH RESPONDENT. / TRUE COPY/ PS TO JUDGE KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.3620 of 2005 ---------------------------------------------- Dated 18th July, 2008. J U D G M E N T Ext.P9 order passed by the Tribunal for Local Self Government Institutions, in the matter of issuance of licence to the respondents 2 and 3 for starting a hollow brick unit, is under challenge. It is seen that the Tribunal has gone into the merits of the case and has held that subject to the conditions imposed by the Panchayat, the party respondents are entitled to licence. It is also made clear in the order that only subject to the consent from the Pollution Control Board, the unit can be started. The Tribunal having thus considered the matter on merits, touching on all the relevant factors, this writ petition is disposed of making it clear that in case the petitioner has still any grievance left with regard to the pollution caused by the unit, it will be open to the petitioner to approach the additional 5th respondent, in which case, appropriate action in accordance with law with notice to the petitioner and party respondents, to abate the pollution will be taken, within another three months. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.3620 of 2005 ---------------------------------------------- J U D G M E N T Dated 18th July, 2008.