IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 18737 of 2008(E) --------------------------------------- PETITIONERS: -------------------- 1. E.K.SHAJI ETTACKAL HOUSE, KURINJIPLAVU, MOONILAVU P.O. KOTTAYAM DISTRICT 2. JAMES THOMAS, S/O.THOMAS PANDIYANGAL HOUSE, THIDANADU P.O.PATHAZHA KOTTAYAM DISTRICT. BY ADV. SRI.JOSE DAVIS RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR COLLECTORATE, KOTTAYAM 2. THE DEPUTY DIRECTOR OF PANCHAYATH COLLECTORATE, KOTTAYAM 3. THE THIDANADU GRAMA PANCHAYATH REP. BY ITS SECRETARY THIDANANDU P.O. KOTTAYAM DISTRICT 4. THE DISTRICT MEDICAL OFFICER COLLECTORATE, KOTTAYAM. 5. THE KERALA STATE POLLUTION COTNROL BOARD REPRESENTED BY ITS SECRETARY THIRUVANANTHAPURAM 6. THE JOINT DIVISIONAL OFFICER FIRE AND RESCUE DEPARTMENT,KOTTAYAM 7. THE DISTRICT SUPPLY OFFICER COLLECTRATE ,KOTTAYAM 8. THE JOINT CHIEF CONTROLLER OF EXPLOSIVES KAKKANAD, ERNAKULAM W.P.(C).18737/2008-E 9. JOINT DIRECTOR OF FACTORIES AND BOILERS QUILON. 10. THE DISTRICT LABOUR OFFICER,KOTTAYAM 11. THE SURYA PETROLEUM PVT LTD REP BY ITS MANAGING DIRECTOR,CHEMMALAMATTOM P.O., KOTTAYAM DISTRICT. BY GOVERNMENT PLEADER SRI.K.V.MANOJKUMAR ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR - R8 SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOAR - R5 SRI.SAJI THOMAS PORKKATTIL - R3 SRI.T.V.VINU - R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).18737/2008-E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION DATED 12/03/2008 FILED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P2: COPY OF THE REPRESENTATION DATED 24/03/2008 FILED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT WITH COPY TO RESPONDENT NO.3 TO 11. EXT.P3: COPY OF THE LETTER DATED 29/05/2008 ISSUED BY THE 2ND PETITIONER TO THE 1ST PETITIONER. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 18737 of 2008 -------------------------------------------------------- Dated: JULY 15, 2008 JUDGMENT The writ petitioner seeks a direction to respondents 2 and 3 to take immediate steps for the closure of the LPG Bottling Plant of the 11th respondent. The aforesaid prayer is sought on the basis that the establishment of the 11th respondent is not functioning with the required licences. 2. At the outset it needs to be mentioned that the 1st petitioner resides far away from the location of the 11th respondent and the 2nd respondent also resides at a distant place. Their motives in approaching this court is not properly disclosed in the pleadings. 3. Since the complaint is that the 11th respondent is lacking licences, notice was issued to the respondents by special messenger. The Panchayat has filed a counter affidavit wherein it is stated that the Panchayat's licence is valid till 31.3.2010. It is also stated that the 11th respondent has produced before the Panchayat the clearance certificate issued by the Pollution Control Board and the licence issued by the Explosives WP(C) 18737/08 2 Department. According to the Panchayat, the Pollution Control Board's certificate is valid till 30.6.2009 and the one issued by the Explosives Department is also valid till 30.9.2012. 4. Though the petitioner had initially contended that the 11th respondent is lacking these licences as well, now the learned counsel for the petitioner contends that the 11th respondent has not obtained NOC from the Fire and Rescue Department. Since the petitioner is now making this allegation, I direct that the Panchayat shall issue notice to the 11th respondent and require the 11th respondent to produce the certificate, if the same is a statutory requirement. It is directed that in case NOC, as averred by the petitioner, has not been obtained by the 11th respondent, it will be open to the Panchayat to take appropriate action in that regard. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE mt/-