IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 34320 of 2006(I) -------------------------------------- PETITIONERS: --------------------- 1. SATHYANARAYAN.S.R., S/O.RADHAKRISHNAN MENON, AGED 63 YEARS, 4/375, CHERCHAT HOUSE, NAIRTHARA, NENMARA VILLAGE, PALAKKAD DISTRICT. 2. MRS.VALSALA MENON, W/O.SATHYANARAYAN.S.R AGED 54 YEARS, 4/375, CHERCHAT HOUSE, NAIRTHARA, NENMARA VILLAGE, PALAKKAD DISTRICT. 3. ARAVINDAKSHAN.C., S/O.VISWANATHAN NAIR, AGED 65 YEARS, CHERCHAT HOUSE, NAIRTHARA, NENMARA VILLAGE, PALAKKAD DISTRICT. BY ADV. SRI.MANUEL THOMAS. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY (LOCAL ADMINISTRATION), TRIVANDRUM. 2. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, PALAKKAD. 3. NENMARA GRAMA PANCHAYAT, NENMARA, PALAKKAD DISTRICT, REPRESENTED BY SECRETARY. 4. P.U.ACHUDANANDA MENON, S/O.A.R.MENON, AGED 55 YEARS, 4/374, NAIRTHARA, PROPRIETOR ESSAR LAMINATION & COMPUTER APPLICATIONS, PALAKKAD DISTRICT. BY GOVERNMENT PLEADER SRI. K.V. MANOJ KUMAR, ADV. SRI. M.K. CHANDRAMOHAN DAS, SC, P.C.B, SRI.K.K.CHANDRAN PILLAI - R.3, SRI.P.R.VENKETESH - R4. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2008, ALONG WITH W.P.(C). NO. 33496/2006,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.34320/2006-I: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE SHOW-CAUSE NOTICE DTD. 01/06/2006. EXT.P.2: COPY OF THE JUDGMENT IN W.P.(C). NO. 25965 DTD. 04/10/2006 OF HIGH COURT OF KERALA. EXT.P.3: COPY OF THE PROCEEDINGS OF NENMARA GRAMA PANCHAYAT COMMITTEE DTD. 31/10/2006. EXT.P.4: COPY OF THE NOTICE DTD. 09/11/2006 ISSUED TO R.4. BY THE R.3. EXT.P.5: COPY OF THE NOTICE DTD. 06/12/2004 ISSUED BY R.2. TO R.4. EXT.P.6: COPY OF THE DIRECTION DTD. 05/12/2006ISSUED BY R.1. TO DEPUTY DIRECTOR OF PANCHAYAT, PALAKKAD. EXT.P.7: COPY OF THE REPORT DTD. 21/12/2006 ISSUED BY THE R.2. TO THE R.1. EXT.P.8: COPY OF THE ORDER DTD. 27/12/2006 ISSUED BY THE R.1. TO THE SECRETARY OF R.3. GRAMA PANCHAYATH. EXT.P.9: COPY OF THE DIRECTION DTD. 02/01/07 ISSUED BY THE R.1. NO. 28302/C2/05/LSGD. EXT.P.10: COPY OF THE REPORT SUBMITTED BY THE PANCHAYATH DEPUTY DIRECTOR, PALGHAT DT. 20/01/06. RESPONDENTS' EXHIBITS & ANNEXURES: EXT.R1.A: COPY OF THE REPORT NO. PCB/PLKD/A-531/2006 DTD. 21/12/2006 OF THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD. EXT.R1.B: COPY OF THE LETTER NO. PCB/PLKD/TG-47/2001 DTD. 06/12/2004 OF THE POLLUTION CONTROL BOARD. EXT.R1.C: COPY OF THE LETTER DTD. 21/04/2006 OF THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD. EXT.R1.D: COPY OF THE SHOW CAUSE NOTICE NO. PCB/PLKD/TG-22/2001 DTD. 19/09/2006 ISSUED BY THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD. EXT.R1.E: COPY OF THE LETTER NO. 28302/C2/05/LSG DTD. 30/10/2006 OF THE PRINCIPAL SECRETARY, LSGD. EXT.R3.A: RENEWAL APPLICATION SUBMITTED BY THE PETITIONER DTD. 18/10/2004. EXT.R3.B: COPY OF THE APPLICATION FOR CERTIFICATE OF REGISTRATION DTD. 18/10/2004 WITH APPENDIX 'A'. EXT.R3.C: COPY OF THE CONSENT LETTER DTD. 11/10/2006 ISSUED BY THE POLLUTION CONTROL BOARD. W.P.(C). NO.34320/2006-I: EXT.R3.D: COPY OF THE SHOW CAUSE NOTICE DTD. 01/06/2006 ISSUED TO THE R.4. EXT.R3.E: COPY OF THE LETTER DTD. 20/01/2006 OF THE DEPUTY DIRECTOR PANCHAYATS. EXT.R3.F: COPY OF THE LETTER DTD. 28/01/2006 ADDRESSED BY THE R.1. TO THE PANCHAYAT. EXT.R3.G: COPY OF THE REPLY ADDRESSED TO THE PANCHAYAT BY THE R.4. TO THE SHOW CAUSE NOTICE RECEIVED IN THE PANCHAYAT ON 28/06/2006. EXT.R3.H: COPY OF THE ORDER DTD. 29/06/2006 ISSUED TO THE R.4. BY THE PANCHAYAT. EXT.R3.I: COPY OF THE LETTER DTD. 05/08/2006 ISSUED BY THE R.1. TO THE PANCHAYAT. EXT.R3.J: COPY OF THE SHOW CAUSE DTD. 03/10/2006 ADDRESSED TO THE R.4. EXT.R3.K: COPY OF THE REPRESENTATION DTD. 04/10/2006 SUBMITTED BY THE R.4. TO THE PANCHAYAT. EXT.R3.L: COPY OF THE LETTER DTD. 08/11/2006 ADDRESSED TO THE R.4. EXT.R3.M: COPY OF THE RESOLUTION NO. 6/3 DTD. 31/10/2006 TAKEN BY THE PANCHAYAT. EXT.R3.N: COPY OF THE LETTER DTD. 09/11/2006 ADDRESSED TO THE R.4. EXT.R3.O: COPY OF THE LETTER FROM THE R.1. TO THE PANCHAYAT. EXT.R3.P: COPY OF THE LETTER DTD. FROM THE R.1. TO THE PANCHAYAT. EXT.R3.Q: COPY OF THE REPRESENTATION SUBMITTED BY THE R.4. BEFORE THE R.1. EXT.R3.R: COPY OF THE LETTER DTD. 05/12/2006 FROM THE R.1. TO THE DEPUTY DIRECTOR OF PANCHAYATS, PALAKKAD. EXT.R3.S: COPY OF THE RESOLUTION 19/12/2006 OF THE PANCHAYAT. EXT.R3.T: COPY OF THE LETTER DTD. 22/12/2006 ADDRESSED TO THE R.1. EXT.R3.U: COPY OF THE LETTER DTD. 17/12/2006 FROM THE R.1. TO THE PANCHAYAT. EXT.R3.V: COPY OF THE LETTER DTD. 21/12/2006 ISSUED BY THE R.2. EXT.R3W: COPY OF THE FAX MESSAGE DTD. 02/01/2007 FROM THE R.1. EXT.R4.A: COPY OF THE APPEAL DTD. 11/11/06 FILED BY THE R.4. BEFORE THE NENMARA GRAMA PANCHAYATH. EXT.R4.B: COPY OF THE LICENCE DT. 01/10/2002 ISSUED TO THE R.4. ALONG WITH THE RECEIPT EVIDENCING REMITTANCE OF LICENCE FEE. EXT.R4.C: COPY OF THE REGISTRATION DT. 13/11/2002 ISSUED TO R4. ALONG WITH APPLICATION OF THE PETITIONER. EXT.R4.D: COPY OF THE CONSENT LETTER DT. 19/11/2002 ISSUED BY ONE KESAVAN. EXT.R4.E: COPY OF THE ORDER DT. 19/11/02 SISUED BY K.S.E.B. W.P.(C). NO.34320/2006-I: EXT.R4.F: COPY OF THE ORDER DT. 27/11/02 ISSUED BY THE K.S.E.B. EXT.R4.G: COPY OF THE LICENCE DT. 18/10/04 ISSUED BY THE NENMARA GRAMA PANCHAYAT. EXT.R4.H: COPY OF THE NOTICE OF INSPECTIONDT. 06/10/2006 BY THE KERALA STATE POLLUTION CONTROL BOARD. EXT.R4.I: COPY OF THE CONSENT TO OPERATE DT. 11/10/2006 BY THE KERALA STATE POLLUTION CONTROL BOARD. EXT.R4.J: COPY OF THE PETITION DT. 31/10/2006 BY R4. EXT.R4.K: COPY OF THE NO OBJECTION CERTIFICATE DT. 14/11/06 BY THE RESIDENTS OF THE AREA. EXT.R4.L: COPY OF THE PETITION DT. 22/11/2006 BY R4. TO THE GOVT. EXT.R4.M: COPY OF THE COMMUNICATION SENT BY THE GOVERNMENT TO R4. EXT.R4.N: COPY OF THE APPEAL PETITION FILED BY THE PETITIONER BEFORE THE NENMARA GRAMA PANCHAYAT ON 11TH DAY OF NOVEMBER, 2006 AGAINST THE ORDER DTD. 09/11/2006 CANCELLING THE LICENSE ISSUED TO THE PETITIONER. ANNEXURE R2.(1): COPY OF THE LETTER DTD. 21/12/2006 SENT TO THE GOVERNMENT. //TRUE COPY// prv. ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 34320 of 2006 & 33496 of 2007 ------------------------------------- Dated: JUNE 3, 2008 JUDGMENT These two writ petitions concern the continued functioning of an SSI Unit belonging to the petitioner in W.P.(C) 33496 of 2007. W.P.(C) 34320 of 2006 is filed by respondents 2 to 4 in W.P.(C) 33496 of 2007. They are seeking implementation of the resolution passed by the Nenmara Grama Panchayat, which is a common respondent in these writ petitions, requiring closure of the industrial unit referred to above. It is stated that despite the resolution as above, on the directions issued by the Government of Kerala acting upon a representation made by the petitioner in W.P.(C) 33496 of 2007, the industrial unit is still functioning in the premises, which is close to the residential premises of the petitioners in W.P.(C) 34320 of 2006. 2. Today, when the matter came up for orders, learned counsel for the petitioner in W.P.(C) 33496 of 2007 submitted that he has already taken on lease a new premises and that it is proposed to shift his industrial unit to the new premises with effect from 1st of September, 2008. It is stated that he has already applied WP(C) 34320 of 2006 & 33496 of 2007 2 for the clearance of the Green Channel Committee and once the clearance is obtained, he will be making an application to the Nenmara Grama Panchayat for necessary licence. I feel that the proposal to shift the unit will satisfy the demand of the petitioners in W.P.(C) 33496 of 2007, and that until 1st September 2008, the petitioner in WP(C) 34320 of 2006 will be allowed to continue in the present premises. 3. In view of this I direct that if the petitioner in W.P.(C) 33496 of 2007 makes an application for licence to the Panchayat, accompanied by all necessary documents, the Panchayat shall consider the same on its merits as expeditiously as possible, and at any rate, within three weeks of receipt of the application. It is also ordered that it will be the obligation of the petitioner in W.P.(C) 33496 of 2007 to ensure that the unit is shifted from the present premises as expeditiously as possible, at any rate, on or before 1st of September, 2006, and that for any reason whatsoever, he will not be permitted to continue the unit in the present location thereafter. It is directed that in case the petitioner violates his undertaking given as above, it will be open to the Panchayat to take appropriate action to ensure that it will not continue operation in the present premises. WP(C) 34320 of 2006 & 33496 of 2007 3 Writ petitions are disposed of with the aforesaid directions. ANTONY DOMINIC, JUDGE mt/-