IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 14855 of 2011(F) ----------------------------------------- PETITIONER(S): ------------------------ V.A.SALIM, S/O.ALIKKUTTY, AGED 38, RESIDING AT VYSYAMVEETTIL HOUSE, CHIRANELLOOR P.O. MANALI, PIN-680 501, THRISSUR DISTRICT, PROPRIETOR, ASHIRWAD HOLLOW BRICKS UNIT, KURUMAL P.O., THRISSUR DISTRICT-680 601. BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE, BY ADV. SRI.P.RAMACHANDRAN. RESPONDENT(S): --------------------------- 1. THE SECRETARY, THE VELOOR GRAMA PANCHAYATH, VELOOR P.O., 680 601, THRISSUR DISTRICT. 2. THE VELOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VELOOR P.O. 680 601, THRISSUR DISTRICT. 3. THE PRESIDENT, VELOOR GRAMEA PANCHAYATH, VELOOR P.O., 680 601, THRISSUR DISTRICT. BY ADVS. SRI.P.SANTHOSH (PODUVAL), SMT.R.RAJITHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14855/2011 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LICENCE BEARING NO.A3/365/09-10 (224) DTD. 30/11/2009. P2: COPY OF THE RECEIPT OF THE PAYMENT OF THE LICENCE FEE ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT. P3: COPY OF THE FORMAT FOR SPONSORING THE BENEFICIARY FOR UNDERGOING EDP TRAINING. P4: COPY OF THE CONSENT TO OPERATE DTD. 9/03/2011 WITH APPROVED SITE LOCATION PLAN ISSUED BYTHE SENIOR ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, THRISSUR. P5: COPY OF THE ACKNOWLEDGMENT (PART II) DTD. 10/01/2011 ISSUED BY THE DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA. P6: COPY OF THE NOTICE DTD. 6/05/2011 ISSUED BY THE FIRST RESPONDENT. P7: COPY OF APPEAL PETITION DTD. 13/05/2011 SUBMITTED BEFORE THE 2ND RESPONDENT. P8: COPY OF THE APPLICATION DTD. 16/05/2011 FILED IN APPEAL PETITION BEFORE THE 2ND RESPONDENT. P9: COPY OF THE NOTICE DTD. 30/05/2011 BY THE FIRST RESPONDENT ALONG WITH THE COPY OF THE RESOLUTION NO.2(1) DTD. 25/05/2011 BY THE SECOND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.14855 of 2011 ---------------------------------------- Dated 24th June, 2011 JUDGMENT On the strength of Ext.P1 licence the petitioner has started a hollow bricks manufacturing unit. Ext.P4 would reveal that the Kerala State Pollution Control Board has given consent to operate the same and it is valid till 28.2.2014. While so, the petitioner was served with Ext.P6 dated 6.5.2011. In fact, Ext.P6 was served on the petitioner subsequent to the receipt of the application from the petitioner on 5.5.2011. As per Ext.P6, it is an application submitted on 5.5.2011 for grant of licence. However, according to the petitioner, he has approached the respondents only for renewal of the licence. As per Ext.P6, the petitioner was informed that the said application submitted by the petitioner on 5.5.2011 would be placed before the Committee only after compliance with the conditions imposed by the Pollution Control Board. The petitioner was also required thereunder to stop functioning of the manufacturing unit till a decision is taken on the application dated 5.5.2011. Feeling aggrieved by Ext.P6 the petitioner has preferred an appeal before the Council of the second respondent Grama Panchayat. According to the petitioner, it is an appeal preferred under section 276(1) of the Panchayat Raj Act. Though the appellate authority is empowered to stay the operation and implementation of the impugned order namely, Ext.P6, no such order has WP(C).No.14855/2011 2 been passed so far. That apart, the appeal is still pending consideration despite the expiry of the statutorily prescribed period for disposal of such appeals. 2. I have heard the learned counsel appearing for the petitioner as also the learned standing counsel for the respondents. 3. Considering the fact that the statutory appeal preferred by the petitioner is pending consideration before the Council of the second respondent and taking note of the fact that the petitioner has started the unit by availing a huge loan, as is obvious from Ext.P3, I am of the view that an expeditious disposal of Ext.P7 appeal is called for. In the said circumstances, without making any observation as to the merits of the contentions raised in this writ petition and also in Ext.P7 appeal this writ petition is disposed of with a direction to the first respondent to place the appeal before the Council of the second respondent for its consideration. This shall be done within a period of three days from the date of receipt of a copy of this judgment and thereafter the Council of the second respondent shall take a decision on the appeal after affording an opportunity of being heard to the petitioner expeditiously, at any rate, within a further period of two weeks. Sd/- C.T.RAVIKUMAR Judge TKS