IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 WP(C).No. 24604 of 2011(A) -------------------------- PETITIONER: --------------- SHIJO POULOSE, AGED 32 YEARS,S/O.POULOSE, PROPRIETOR OF M/S.BHATHLAHEM PLASTICS, PARAPURAM HOUSE,AYATHUKUDY,KOOVAPPADY P.O., PERUMBAVOOR,PIN 683 554. BY ADV. MR.S.RENJITH RESPONDENT: --------------- THE SECRETARY, KOOVAPPADI GRAMA PANCHAYATH, KOOVAPPADI P.O., ERNAKULAM DISTRICT PIN 683 544. ADV. MR.R.RANJITH MR.M.T.SURESHKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24604 of 2011(A) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: CONSENT LETTER ISSUED BY THE NEARBY RESIDENTS FOR STARTING THE PLASTIC GRINDING UNIT. EXT.P2: CONSENT ISSUED BY THE POLLUTION CONTROL BOARD. EXT.P3: PANCHAYATH LICENCE FEE FOR THE PETITIONER'S UNIT FOR THE YEAR 2011-12. EXT.P4: NOTICE ISSUED BY THE RESPONDENT DTD. 2.9.2011 TO THE PETITIONER TO CLOSE THE UNIT. EXT.P5: APPEAL OF THE PETITIONER TO THE PANCHAYATH COMMITTEE. EXT.P6: PHOTOCOPY OF THE RECEIPT ISSUED BY RESPONDENT ACKNOWLEDGING THE RECEIPT OF THE PETITIONER APPEAL. RESPONDENT'S EXHIBITS: NIL ...... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.24604 Of 2011 ---------------------- Dated this the 25th day of October, 2011. J U D G M E N T The writ petition is filed seeking to quash Ext.P4 notice and for a writ of mandamus staying all the proceedings on the basis of Ext.P4 till the Panchayath Committee take a decision on Ext.P5 appeal. 2. Ext.P4 was passed by the Secretary directing the petitioner to stop the small scale unit of the petitioner stating that the functioning of the said unit is causing pollution and therefore notice was issued directing the petitioner to stop the functioning of the plastic grinding unit. The learned counsel for the petitioner submits that Ext.P4 order/notice was challenged before the Panchayath Committee in appeal. The petitioner submits that he had started the plastic grinding unit in the year 2007 after obtaining NOC/consent from various statutory authorities and that Ext.P4 has been issued by the Panchayath without hearing the petitioner and without serving any notice, that the petitioner has not given any opportunity to explain his part. It is submitted that Ext.P5 appeal is pending before the Panchayath Committee. ::2:: W.P.(C).No.24604 Of 2011 In the aforesaid facts and circumstances, the writ petition is disposed of directing the Panchayath Committee to consider and pass appropriate orders on Ext.P5 appeal, after affording an opportunity of being heard to the petitioner. It is made clear that the interim order passed by this Court staying all further proceedings pursuant to Ext.P4 shall continue till the disposal of Ext.P5 appeal. HARUN-UL-RASHID, Judge. bkn/-