IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 15560 of 2011(T) ----------------------------------------- PETITIONER(S): ------------------------- P.V.DEVASSYKUTTY, PALLIYAN HOUSE, CHOOTTAKADAVU ROAD, MANANTHAVADY, WAYANAD. BY ADVS. SRI.AUGUSTINE JOSEPH, SRI.K.S.ROCKEY. RESPONDENT(S): --------------------------- 1. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KALPETTA, WAYANAD - 670 731. 2. VELLAMUNDA GRAMA PANCHAYATH, KATTAYAD, VELLAMUNDA, WAYANAD, REPRESENTTED BY ITS SECRETARY - 670 731. 3. THE VILLAGE OFFICER, VELLAMUNDA, WAYANAD - 670 731. R1 BY ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,POLL.C.BOARD R3 BY GOVERNMENT PLEADER SRI. A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15560/2011 T APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LICENCE FROM THE PANCHAYATH. P2: COPY OF THE REGISTRATION CERTIFICATE DTD. 26/3/2011 FROM THE DIRECTORATE OF MINING & GEOLOGY. P3: COPY OF THE LICENSE DTD. 18/03/2010 FROM THE CONTROLLER OF EXPLOSIVES. P4: COPY OF THE CONSENT LETTER DTD.2/09/2008 FROM THE KERALA POLLUTION CONTROL BOARD. P5: COPY OF THE APPLICATION DTD. 4/2/2011 SUBMITTED BEFORE THE 2ND RESPONDENT. P6: COPY OF THE APPLICATION DTD. 28/01/2011 SUBMITTED BEFORE THE 1ST RESPONDENT. P7: COPY OF THE JUDGMENT DTD. 12/04/2011 IN WP(C) NO.11829/2011. P8: COPY OF THE LETTER DTD. 12/05/2011 FROM THE 2ND RESPONDENT. P9: COPY OF THE LETTER DTD. 1/06/2011 FROM THE 1ST RESPONDENT. P10: COPY OF THE LETTER DTD. 2/06/2011 FROM THE PETITIONER TO THE 2ND RESPONDENT. P11: COPY OF THE STOP MEMO DTD. 13/05/2011 FROM THE 3RD RESPONDENT AND SERVED ON THE PETITIONER ON 7/06/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss C.T.RAVIKUMAR, J. ---------------------------------------------------------- W.P.(C). No. 15560 of 2011 ---------------------------------------------------------- Dated this the 16th day of June, 2011. J U D G M E N T The contention of the petitioner is that on the strength of a valid permit issued by the 2nd respondent - Panchayat he had been conducting a crusher unit for the last 10 years. The consent to operate the unit issued by the Pollution Control Board expired on 30.4.11. Prior to its expiry, the petitioner filed Ext.P6 application dated 28.1.2011 to the 1st respondent for getting it renewed. The grievance of the petitioner is that despite the receipt of Ext.P6 application, the 1st respondent is not taking up the same for consideration and on account of the absence of consent to operate , the petitioner is disabled from conducting the crusher unit. 2. I have heard the learned counsel for the petitioner and also the learned standing counsel appearing for the 1st respondent. 3. The specific contention of the petitioner is that he had submitted Ext.P6 application prior to the expiry of the consent to operate given by the Pollution Control Board and it is still pending consideration before the 1st respondent. Therefore, I am inclined to dispose of this writ petition with a direction to the 1st respondent to -2- W.P.(C)15560/2011 consider and pass appropriate orders on Ext.P6, in case it is received and pending, expeditiously, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment. C.T.RAVIKUMAR, JUDGE rka