IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 WP(C).No. 25560 of 2009(L) -------------------------- PETITIONER(S): --------------- DEELUXE BOTTLES (INDIA) PRIVATE LIMITED, VII/764,BALASUBRAMANIA RICE MILL, CHULLIMADA,KANJIKODE,PALAKKAD-678021, REP.BY ITS DIRECTOR V.RAJAGOPAL. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS RESPONDENT(S): --------------- 1. PUDUSSERY GRAMA PANCHAYAT, REP.BY ITS SECRETARY,KANJIKODE P.O., PALAKKAD-678 621. 2. THE SPECIAL GRADE SECRETARY, PUDUSSERY GRAMA PANCHAYAT, KANJIKODE P.O.,PALAKKAD-678 621. 3. KERALA STATE POLLUTION CONTROL BOARD, NEAR DISTRICT PANCHAYAT OFFICE, PALAKKAD-678 001,REP.BY THE SENIOR ENVIRONMENTAL ENGINEER. 4. THE STATE OF KERALA, REP.BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA,SECRETARIAT,TRIVANDRUM. BY GP V MANU BY SRI M K CHANDRAMOHAN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 25560 OF 2009 ............................................ DATED THIS THE 9TH DAY OF SEPTEMBER, 2009 JUDGMENT Notice to respondents 1 and 2 dispensed with, preserving their right to move for rehearing, if aggrieved by the directions contained in this judgment. Third respondent is represented by standing counsel. Government Pleader takes notice for fourth respondent. 2. The petitioner contends that Ext.P7 impugned order has been issued without granting any opportunity of hearing. It is shown that it is the licence issued by the panchayat and has applied for clearance of the Pollution Control Board. The petitioner has an effective alternate remedy against the impugned order. Even on the ground of non hearing, such an appeal/revision lies. To enable the petitioner to move such authority, and because the impugned order, if given effect to, would result in immediate closure of the establishment, it is ordered that Ext.P7 will stand suspended for a period of four weeks. The competent appellate/revisional authority will consider Wpc 25560/2009 2 the appeal/revision and any application for interim relief without reference to anything stated in this judgment. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/10/9