IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 33588 of 2008(W) -------------------------- PETITIONER(S): --------------- 1. M.K. ABDUL KAREEM MUKKADA HOUSE, MUDIKKAL, PERUMBAVOOR. 2. M.K. KHALID, MUNDAKKA HOUSE, MUDIKKAL, PERUMBAVOOR. 3. KAREEM KUTTIPUZHA, MENNEKUDY HOUSE, MUDICKAL, PERUMBAVOOR. 4. NISHAD.U.H, UPPADI HOUSE, MUDICKAL, PERUMBAVOOR. 5. AKHIL.M.S, S/O. M.M. SHAMSUDHIN, MUMPETH HOUSE, MUDIKKAL, PERUMBAVOOR. 6. ABDUL SHUKOOR, PALATHINKAL HOUSE, MUDIKKAL, PERUMBAVOOR. 7. M.A. UNNI, MUKKADA HOUSE, MUDIKKAL, PERUMBAVOOR. BY ADV. SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY LOCAL ADMINISTATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA STATE POLLUTION CONTROL BOARD, PATTOM PALACE, PLAMOOD JUNCTION, THIRUVANANTHAPURAM - 695 004. 3. THE DISTRICT MEDICAL OFFICER (HEALTH), ERNAKULAM, KOCHI - 682 011. 4. THE FIRE AND RESCUE SERVICES, ERNAKULAM, KOCHI - 682 020. 5. THE SENIOR JOINT DIRECTOR, FACTORIES AND BOILERS, ERNAKULAM. 6. THE VAZHAKULAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, P.O. MARAMPILLY. 7. SHRI. AHAMMED KUNJU, GOLDENSTAR TIMBERS, WARD NO. VIII, MUDIKKAL, PERUMBAVOOR. ADV. SRI.PRAVEEN K. JOY FOR R7 DR.K.P.SATHEESAN FOR R6 SRI.K.K.GOPINATHAN NAIR FOR R6 SRI.M.R.JAYAPRASAD FOR R6 SRI.P.MOHANDAS (ERNAKULAM) FOR R6 SRI. M.K. CHANDRAMOHAN DAS. GOVT. PLEDER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 33588 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 6th February, 2009. J U D G M E N T The petitioners are aggrieved by the proposed grant of licence by the 7th respondent for conducting a plywood industry. The petitioners have sought the following reliefs: “a) Issue a writ of mandamus or any other appropriate writs, directions or orders restraining respondents 1 to 5 from granting any permit and/or NOC to the 7th respondent in the light of Ext. P6 proceedings of the 5th respondent in order to enable him to establish and commence the plywood factory in the site covered by R.S.No.44/4 and 44/8 of the Marampilly village and in which the 7th respondent's Goldenstar Saw Mill is situated; b) issue a writ of mandamus or other appropriate writs, directions or orders restraining the 6th respondent from granting any licence to the 7th respondent in the light of Ext. P6 in order to enable the 7th respondent to establish and start the Plywood factory in Rs.S.No.44/4 and 44/8 of the Marampilly Village; c) issue a writ of mandamus or other appropriate writs, directions or orders restraining the 7th respondent from commencing the plywood factory in the site covered by R.S.No.44/4 and 44/8 of the Marampilly Village in the absence of any valid No Objection Certificates issued by respondents 1 to 5 and the licence issued by the 6th respondent; d) issue a writ of mandamus or other appropriate writs, directions or orders compelling respondents 1 to 4 and 6 to consider Exhibits P1 to P5 and P7 to P8 in terms of Ext. P6 proceedings issued by the 5th respondent.” 2. Counsel for respondents 6 and 7 submit that the application for licence submitted by the 7th respondent has been rejected against which the 7th respondent has already filed an appeal before the Tribunal. The petitioners therefore submit that without prejudice to the right of the petitioners to get themselves impleaded in the said appeal, the writ petition may be closed. Ordered accordingly. The petitioners seek continuation of the interim order till the W.P.C. No. 33588/2008. -: 2 :- Tribunal considers the matter. I do not think it necessary since the 7th respondent cannot run the business without a licence from the Panchayat. Sd/- S. Siri Jagan, Judge. Tds/