IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 7610 of 2009(U) ------------------------- PETITIONER(S): --------------- THOMAS P.KURIAKOSE, MANAGING PARTNER, M/S.PARAYIL GRANULAR INDUSTRIES, PERUMBAIKADU P.O., KOTTAYAM - 686 028. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SMT.VINEETHA SUSAN THOMAS RESPONDENT(S): --------------- 1. KUMARANALLOOR GRAMA PANCHAYAT, REP.BY ITS SECRETARY, OFFICE OF THE KUMARANALLOOR GRAMA PANCHAYAT, KUMARANALLOOR P.O., KOTTAYAM DISTRICT. 2. THE SECRETARY, KUMARANALLOOR GRAMA PANCHAYAT, KUMARANALLOOR P.O., KOTTAYAM DISTRICT. 3. KERALA STATE POLLUTION CONTROL BOARD, REP.BY ITS MEMBER SECRETARY, PATTOM, THIRUVANANTHAPURAM. 4. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, ST.ANTONY'S COMPLEX, NAGAMPADOM, KOTTAYAM-1. ADV.M.K.CHAMDRAMOHAN DAS, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.7610 of 2009 ================== Dated this the 11th day of March, 2009 J U D G M E N T The petitioner challenges Ext.P4 direction of the 2nd respondent, by which the petitioner has been directed to stop activities of manufacture of bricks in his kiln. The reason for Ext.P4 is Ext.P3 direction issued by the Pollution Control Board, by which the Pollution Control Board has directed the petitioner to stop functioning of the kiln, since the petitioner has not obtained consent from the Pollution Control Board. The petitioner's contention is that in Ext.P3 what is prohibited is only the functioning of the kiln, whereas in Ext.P4 all activities of manufacturing of bricks have been directed to be stopped. I do not find any merit in the contention of the petitioner. The Pollution Control Board has issued Ext.P3 directing to stop the functioning of the kiln from where the bricks are manufactured. Therefore, the petitioner cannot be heard to contend that although by virtue of Ext.P3 he cannot run the brick kiln, he is entitled to do other functions for preparing bricks. When admittedly the intention of the petitioner is to manufacture bricks using the kiln, the petitioner cannot even start the basic steps for establishing the brick kiln without first obtaining consent from the Pollution Control Board. As such, I do not find any merit in the writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2