IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 WP(C).No. 4402 of 2011(A) -------------------------------------- PETITIONER(S): ------------------------ M/S. PERUMBAVOOR PLYWOOD MANUFACTURES CONSORTIUM (P) LTD., SIDCO INDUSTRIAL PARK, ANGAMALY(S) P.O., ERNAKULAM-683 573, REPRESENTED BY ITS MANAGING DIRECTOR, V.M. ALIYAR. BY ADV. SRI.SIBY MATHEW, SRI.PHILIP J.VETTICKATTU, SRI.B.PREMNATH. RESPONDENT(S): -------------------------- 1. THE ANGAMALY MUNICIPALITY, ANGAMALY-683 573, REPRESENTED BY THE SECRETARY. 2. THE SECRETARY, THE ANGAMALY MUNICIPALITY ANGAMALY-683 573. 3. JOLY JOSEPH, CHENNEKADAN HOUSE, ANGAMALY-683 573. R1 & R2 BY SRI.P.SANTHALINGAM, SENIOR ADVOCATE, ADV. SRI.S.SHARAN. R3 BY ADV. SRI.SATHISH NINAN, SRI.SANTHOSH MATHEW, SRI.ARUN THOMAS, SRI.JENNIS STEPHEN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4402 of 2011(A) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER OF APPROVAL DATED 07/12/2006 GRANTED BY THE DEVELOPMENT COMMISSIONER. EXT.P1(a): COPY OF THE LEASE DEED DATED 01/03/2007 ENTERED INTO BETWEEN SIDCO AND THE PETITIONER UNIT. EXT.P2: COPY OF THE CONSENT ISSUED BY THE POLLUTION CONTROL BOARD DATED 05/12/2009 TO THE PETITIONER UNIT. EXT.P3: COPY OF THE CERTIFICATE DATED 26/06/2007 ISSUED BY THE INDUSTRIAL DEPARTMENT TO THE PETITIONER UNIT. EXT.P4: COPY OF THE LICENSE DATED 26/03/2009 ISSUED BY THE PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION (PESO) TO THE PETITIONER UNIT. EXT.P5: COPY OF THE PERMIT DATED 12/07/2010 ISSUED BY THE ASST. DRUGS CONTROLLER TO THE PETITIONER UNIT. EXT.P6: COPY OF THE CERTIFICATE DATED 16/06/2010 ISSUED BY THE CENTRAL EXCISE REGISTRATION CERTIFICATE TO THE PETITIONER UNIT. EXT.P7: COPY OF THE CERTIFICATE DATED 16/09/2009 ISSUED BY THE DISTRICT MEDICAL OFFICER TO THE PETITIONER UNIT. EXT.P8: COPY OF THE CERTIFICATE DATED 06/07/2010 ISSUED BY THE BOILER INSPECTION DEPARTMENT TO THE PETITIONER UNIT. EXT.P9: COPY OF THE PERMIT DATED 06/11/2008 ISSUED BY THE SENIOR JOINT DIRECTOR, FACTORIES AND BOILERS TO THE PETITIONER UNIT. EXT.P10: COPY OF THE DECISION TAKEN IN THE MEETING HELD ON 10/01/2008. EXT.P11: COPY OF THE PROCEEDINGS DATED 12/02/2008 OF THE RESPONDENT MUNICIPALITY ISSUING BUILDING PERMIT. EXT.P12: COPY OF THE OCCUPANCY CERTIFICATE DATED 09/09/2009 ISSUED TO THE PETITIONER UNIT BY THE MUNICIPALITY. EXT.P13: COPY OF THE TAX RECEIPT SHOWING THE REMITTANCE OF PROPERTY TAX BY THE PETITIONER. (P.T.O.) WP(C).No. 4402 of 2011(A) EXT.P13(a): COPY OF THE TAX RECEIPT SHOWING THE REMITTANCE OF PROPERTY TAX BY THE PETITIONER. EXT.P13(b): COPY OF THE TAX RECEIPT SHOWING THE REMITTANCE OF PROPERTY TAX BY THE PETITIONER. EXT.P14: COPY OF THE BUILDING TAX PERMIT SHOWING THE REMITTANCE BUILDING TAX BY THE PETITIONER. EXT.P14(a): COPY OF THE BUILDING TAX RECEIPT SHOWING THE REMITTANCE BUILDING TAX BY THE PETITIONER. EXT.P14(b): COPY OF THE BUILDING TAX RECEIPT SHOWING THE REMITTANCE BUILDING TAX BY THE PETITIONER. EXT.P15: COPY OF THE INTERIM ORDER DATED 04/02/2011 PASSED BY THIS HONOURABLE COURT IN WP(C) NO. 2901/2011 FOR POLICE PROTECTION. EXT.P16: COPY OF THE ORDER DATED 07/02/2011 PASSED BY THE 1ST RESPONDENT DIRECTING TO CLOSE DOWN THE FACTORY. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.4402 of 2011 ---------------------------------------- Dated 24th February, 2011 JUDGMENT The petitioner is a private limited company registered under the provisions of the Indian Companies Act, 1956. This writ petition has been filed challenging Ext.P16 order passed by the second respondent requiring the petitioner to stop functioning of the factory within 24 hours and cautioning him further action in case of his failure to close it down without any further notice. Admittedly, thereafter, the factory in question has been closed down. After the institution of this writ petition, on 11.2.2011 the petitioner has submitted an application for registration to the second respondent. The learned standing counsel for the second respondent would admit that such application dated 11.2.2011 has been received from the petitioner and it is still pending consideration. According to the third respondent, the petitioner has committed fraud for obtaining the industrial permit. However, it is evident from the counter affidavit itself that the third respondent did not file any petition raising such complaint before any competent authority. The third respondent is also having a further contention that if the factory in question is given permission to function in the said premises it would cause pollution. In WP(C).No.4402/2011 2 case the third respondent got any such grievance, it will be open to the third respondent to raise his grievances before the appropriate authority competent to look into the said aspects. At the same time, that cannot be a reason for non-consideration of the application submitted by the petitioner for registration. In the above circumstances, this writ petition is disposed of with a direction to the second respondent to consider and pass orders on the application submitted by the petitioner on 11.2.2011 for registration. This shall be done expeditiously, at any rate, within a period of three weeks from today. It is made clear that this judgment will not stand in the way of the third respondent in taking appropriate action to redress his grievances by resorting to appropriate proceedings. Sd/- C.T.RAVIKUMAR Judge TKS // True copy // P.S. to Judge