IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 WP(C).No. 24239 of 2008(I) -------------------------- PETITIONER ---------------------- LAWRENCE JUDE RODRIGZE, KOLLAMVELIKKATH HOUSE, PONNARIMANGALAM, MULAVUKADU P.O., ERNAKULAM DISTRICT. BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SMT.SHEENA SAMUEL SRI.P.MURALEEDHARAN (THURAVOOR) SRI.P.H.SAVAN KUMAR RESPONDENTS ------------------------ 1. ELOOR GRAMA PANCHAYATH, ELOOR, ERNAKULAM DISTRICT REPRESENTED BY ITS SECRETARY. 2. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, ENVIRONMENTAL SURVEILLANCE CENTER, FACT QR NP S- 14, UDYOGAMANDAL P.O., ERNAKULAM. 3. JEFFRIN MANUEL, S/O. MANUEL, KURISUNKAL HOUSE, MANJUMMAL, ERNAKULAM DISTRICT. R2 BY S.C. MR. M.K. CHANDRAMOHANDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 24239 OF 2008 I = = = = = = = = = = = = = = = = = Dated this the 12th day of August 2008 J U D G M E N T Petitioner is running an engineering work shop. Admittedly, the establishment does not have a licence from the period 2002-03 onwards. Counsel for the petitioner submits that realising the omission to renew the licence, he had filed Ext. P2 series of applications and that the Secretary of the Panchayat declined to accept the same. According to the petitioner, the non-acceptance of the applications was for the reason that the Secretary wanted to pass orders on a complaint filed by the 3rd respondent to stop functioning the unit. It is stated that while declining to accept the applications as stated above, the Secretary entertained the complaint and passed Ext. P7 stop memo. It is in this background the writ petition is filed praying for a direction to accept Ext. P2 series of applications and to pass orders thereon keeping in abeyance Ext. P7. W.P.(C) No. 24239 OF 2008 -2- 2. Admittedly, the establishment in question does not have a licence. If that be so, Ext. P7 stop memo issued by the Panchayat on the basis that the establishment is unlicensed cannot be faulted. In these circumstances, the maximum the petitioner can ask for is a direction to the respondent Panchayat to accept Ext. P2 series of applications and pass orders thereon so that if he is aggrieved he can pursue the matter. 3. Therefore, the writ petition is disposed of directing that the Secretary of the Panchayat shall accept Ext. P2 series of applications from the petitioner, consider the same and pass orders thereon. The learned counsel for the petitioner submits that there is a possibility that the Panchayat might dismantle the machineries installed in the premises in question. Though I am not prepared to direct the Panchayat to keep Ext. P7 in abeyance, it is directed that the machineries installed shall not be dismantled, pending consideration of Ext. P2 series. Petitioner shall produce a copy of this judgment before the Secretary of the Panchayat for compliance. ANTONY DOMINIC JUDGE jan/-