IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 WP(C).No. 4147 of 2010(S) ---------------------------------- PETITIONERS: -------------------- 1. T.R.SUKUMARAN, RESIDING AT THEKKUMKATTIL, VAIPEL, VELLOOR, MEVELLOOR P.O., KOTTAYAM-686 609, KALAMASSERY-682 033. 2. MADHUSUDHANAN NAIR T.K., S/O.KARUNAKARAN NAIR, AGED 55 YEARS, RESIDING AT 'SAUPARNIKA', VELLOOR, MEVELLOOR P.O., KOTTAYAM-686 609. BY ADV. SRI.ANTONY M. AMBAT RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, MINISTRY OF HEALTH AND SOCIAL WELFARE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, COLLECTORATE, COLLECTORATE P.O., KOTTAYAM. 3. THE REVENUE DIVISIONAL OFFICER, PALAI, KOTTAYAM DISTRICT. 4. THE VILLAGE OFFICER, VELLOOR VILLAGE OFFICE, VELLOOR, MEVELLOOR P.O. 5. MEMBER SECRETARY, KERALA STATE POLLUTION CONTROL BOARD, PATTOM P.O., THIRUVANANTHAPURAM-695 004. 6. ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOTTAYAM. W.P.(C) NO.4147 OF 2010 - 2 - 7. SECRETARY, VELLOOR GRAMA PANCHAYATH (SPECIAL GRADE), VELLOOR, MEVELLOOR P.O., KOTTAYAM. 8. GEORGE T.P., VAIPAIL HOUSE, MEVELOOR, MEVELLOOR P.O., 696 609. R1 TO R4 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R5 & R6 BY STANDING COUNSEL SRI.M.K.CHANDRAMOHAN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Raman, Ag. C.J. & Thottathil B.Radhakrishnan, J. ------------------------------------------ W.P.(C) No.4147 of 2010 ------------------------------------------ Dated this the 10th day of February, 2010 JUDGMENT P.R.Raman, Ag. C.J. This writ petition is filed seeking the following prayers: “(i) To call for the records leading to the establishment of the brick manufacturing units in the Velloore Grama Panchayat area and to direct the respondents 1 to 7 not to grant permission or clearance to the 8th respondent for the functioning of the brick manufacturing unit in 'Manakaparambil' in Ward I of the Velloor Grama Panchayat. (ii) To issue a writ of certiorari or any other appropriate writ, direction or order, quashing the permit if any issued by the 7th respondent for the running of the brick manufacturing unit at 'Manakaparambil' in Ward I of the 7th respondent Vellore Grama Panchayat. (iii) To issue a writ of mandamus or any other writ, order or direction, directing the 7th respondent to W.P.(C) No.4147 of 2010 - 2 - withdraw forthwith any order or permission issued to the 8th respondent for the running of the said brick manufacturing unit in Ward I of the Vellore Grama Panchayat. (iv) To issue any other appropriate writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case for the common good of the residents of the area and in the interests of justice.” 2. The first prayer which is in the nature of a prohibitory order cannot be granted by this Court. It is for the competent authority to consider whether permission or clearance for the functioning of the brick manufacturing unit is to be given or not. The second prayer is to quash the permit, if any, issued by the 7th respondent. In the absence of any permit produced before this Court, the question of quashing any such permit does not arise. Further, the petitioners have got an effective alternative remedy of moving before the Ombudsman or the Tribunal, as the case may be, constituted for Local Self Government Institutions, W.P.(C) No.4147 of 2010 - 3 - in case they have any complaint as against the permit, if any, issued. The third prayer is connected with the second relief. The same is to withdraw forthwith any order or permission issued to the 8th respondent. For the reasons already stated, this relief also cannot be granted. In the result, leaving open the right of the petitioners to approach the concerned authority, this writ petition is dismissed. P.R.Raman, Ag. Chief Justice Thottathil B.Radhakrishnan, Judge vns