IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 WP(C).No. 31337 of 2011(N) ---------------------------------- PETITIONER(S): ------------------- REJI THOMAS, AGED 47, S/O. THOMAS, “THOMSON PLY AND BOARDS” THODATHIL HOUSE, PULLUVAZHY - 683 541, RAYAMANGALAM VILLAGE, KUNNATHUNADU TALUK. BY ADVS. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S): --------------------- 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. DIRECTOR OF FACTORIES AND BOILERS, THIRUVANANTHAPURAM - 35. 3. INSPECTOR OF FACTORIES AND BOILERS, GRADE - 1, PERUMBAVOOR FACTORIES AND BOILERS OFFICE, ALUVA - 1. 4. INSPECTOR OF FACTORIES AND BOILERS GRADE - II, PERUMBAVOOR (H.Q.), ALUVA - 1. 5. CIRCLE INSPECTOR OF POLICE, KURUPPUMPADY - 683 544. BY GOVT. PLEADER SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 31337/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LICENCE NO.A3-119/2011 DATED 3/9/2011 ISSUED FROM RAYAMANGALAM GRAMA PANCHAYAT. P2: COPY OF NOC ISSUED FROM STATE LEVEL WOOD BASED INDUSTRIES , THIRUVANANTHAPURAM BEARING NO.FC3-7093/2006 DATED 25/3/2011 P3: COPY OF CONSENT FROM POLLUTION CONTROL BOARD BEARING NO.PCB/EKM/IC-221/09 DATED 29/6/09 P4: COPY OF NOC FROM DISTRICT MEDICAL OFFICER,ERNAKULAM BEARING NO.L.DIS(C2)6640/06 DATED 31/3/06 P5: COPY OF NOC FROM ASSISTANT DIVISIONAL OFFICER OF FIRE AND RESCUE SERVICES,BEARING NO.A2-2734/06 DATED 31/3/2006 P6: COPY OF CERTIFICATE OF REGISTRATION UNDER VAT ISSUED FROM OFFICE OF COMMERCIAL TAX,.PERUMBAVOOR BEARING NO.TIN 321513862 15 C DATED 7/6/2010 P7: COPY OF CENTRAL EXCISE REGISTRATION CERTIFICATE BEARING NO.AAEFT 690 CEM 001 DATED 6/1/2011 P8: COPY OF LICENCE NO.311/03 DATED 17/12/03 ISSUED THE RAYAMANGALAM GRAMA PANCHAYAT P9: COPY OF CHELLAN RECEIPT ISSUED FORM SUB TREASURY ALUVA DATED 29/7/2011 P10: COPY OF CERTIFICATE ISSUED BY 4TH RESPONDENT BEARING NO.755/2011 DATED 2/9/2011 P11: COOPY OF PURCHASE ORDER PLACED BY THE PETITIONER DATED 14/9/2011 FOR PURCHASE OF BOILER P12: COPY OF RECEIPT DATED 2/11/2011 EVIDENCING PAYMENT OF ADVANCE FOR THE BOLLER P13: COPY OF ORDER OF 3RD RESPONDENT BEARING NO.A-775/2011 DATED 14/11/2011 svs ............2/-.... ...2... WPC. NO.31337/2011 P14: COPY OF PLAINT IN OS 238/2011 OF MUNSIFF'S COURT, PERUMBAVOOR DATED 30/9/2011 P15: COPY OF PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT UNDER RIGHT TO INFORMATION ACT ON 21/11/2011 P16: COPY OF APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 21/11/2011 P17: COPY OF STAY FILED ALONG WITH EXHIBIT P16 APPEAL. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 31337 OF 2011 ----------------------------------------------------- Dated this the 24th day of November, 2011 J U D G M E N T Ext.P13 is an order passed by the 3rd respondent, in exercise of his powers u/s 6 of the Indian Boilers Act, 1923 ordering that working of the boiler mentioned therein is prohibited. On receipt of Ext.P13, the petitioner filed Ext.P16 appeal, before the 2nd respondent along with Ext.P17, an application to stay Ext.P16. Orders have not been passed either on the appeal or on the stay petition. In the meanwhile apprehending that the 3rd respondent will initiate action based on Ext.P13, this writ petition has been filed, seeking an expeditious consideration of the appeal and the stay petition and to keep in abeyance all further proceedings pursuant to Ext.P13. 2. I have heard the counsel for the petitioner, the counsel appearing for respondents and also the learned Government Pleader. W.P.(C) No. 31337 OF 2011 :2 : 3. Ext.P16 appeal is one filed under S.19 of the Indian Boilers Act, 1923. Therefore it is a statutory appeal and has to be considered. In such circumstances I dispose of the wrt petition directing the 2nd respondent to consider Ext.P16 appeal with notice to the parties as expeditiously as possible at any rate within six weeks from the date of receipt of a copy of this judgment. 4. It is also directed that in the meanwhile all further action based on Ext.P13 shall be kept in abeyance. 5. Petitioner shall produce a copy of this judgment along with a copy of this writ petition before respondents 2 and 3 for compliance. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge