IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 32638 of 2011(D) -------------------------- PETITIONER(S): ---------------------- 1. PRASANTH.P, CHEKKYPARAMBATH HOUSE, ERANJOI.P.O, THALASSERY,KANNUR. 2. PRADEEPKUMAR, PUYTHIYEDATH HOUSE, ERANJOI.P.O, THALASSERY, KANNUR. 3. VINEENDRAN. V. P, 'SREEGURU', P.O. KAVUMBHAGAM, THALASSERY. BY ADVS. SRI. K. MOHANAKANNAN SMT. A. R. PRAVITHA SMT. RASHMI RAVINDRAN RESPONDENT(S): ------------------------- 1. ERANHOLI GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, THALASSERY, KANNUR – 670 170. 2. DISTRICT COLLECTOR, KANNUR – 670 011. 3. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, KANNUR – 670 011. 4. KUMUDAVALLY JANARDHANAN, J.K.L. GRANITE PRODUCT, ERANHOLI, KANNUR – 670 170. R2 BY GOVT. PLEADER SRI. BIJU MEENATTOOR R1 BY ADV. SRI. MURALI PURUSHOTHAMAN R3 BY ADV. SRI. M. K. CHANDRAMOHAN DAS, SC R4 BY ADV. SRI. GEORGE POONTHOTTAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PN WP(C).No. 32638 of 2011(D) APPENDIX PETITIONER'S EXHIBITS EXT. P1: COPY OF THE REPRESENTATION DATED 25.06.2011 EXT. P2: COPY OF THE APPLICATIN DATED 3.8.2011 EXT. P3: COPY OF THE LETTER DATED 25.8.2011 EXT. P4: COPY OF THE NO OBJECTION CERTIFICATE EXT. P5: COPY OF THE RECEIPT DATED 28.6.2011 EXT. P6: COPY OF THE LICENCE APPLICATION SUBMITTED BY THE 4TH RESPONDENT. EXT. P7: COPY OF THE REPRESENTATION WITH REPORT OF THE OFFICER. EXT. P8: COPY OF THE NOTICE DATED 30.6.2011 EXT. P9: COPY OF THE REPRESENTATION DATED 29.11.2011. RESPONDENTS' EXHIBITS EXT. R4(a) COPY OF THE LICENCE NO. A2-141/11 DATED 14.07.2011 ISSUED BY THE PANCHAYATH. EXT. R4(b) COPY OF THE CONSENT TO OPERATE – RENEWAL ISSUED BY THE POLLUTION CONTROL BOARD NO. PCB/KNR/ICO/423/2011 DATED 17.08.2011. EXT. R4(c) COPY OF THE LICENCE ISSUED BY THE JOINT DIRECTOR OF FACTORIES AND BOILERS. EXT. R4(d) COPY OF THE CHALLAN FOR RS. 1000/- DATED 17.12.2011. EXT. R4(e) COPY OF THE APPLICATION DATED 15.12.2011 ACCOMPANIED BY THE DEMAND DRAFT AND THE AFFIDAVIT. /TRUE COPY/ P. A. TO JUDGE PN HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 32638 of 2011 --------------------------------------- Dated this the 22nd day of December 2011. JUDGMENT Heard the parties. Learned Standing Counsel takes notice for the first respondent. Learned Government Pleader takes notice for the second respondent. 2. The writ petition is filed for a direction commanding the 4th respondent to stop the Metal Crusher Unit established in Eranholi Grama Panchayat in Thalassery and to direct the respondents 1 to 3 to ensure the same within the time limit fixed by this Court and to declare that the issuance of licence to the 4th respondent by the first respondent is against the report Ext.P7, the Kerala Panchayat Raj Act, Rules and norms of the Pollution Control Board and for other incidental reliefs. 3. When the matter is taken up for consideration today, learned counsel for the petitioner brought to the notice of this Court that W.P.(C) No.32638/2011 2 pending writ petition the Panchayat issued the communication dated 14.12.2011 after considering Ext.P9 representation submitted by the 1st petitioner. In the light of the communication dated 14.12.2011, the petitioner is not entitled to any further relief in the writ petition. In the aforesaid circumstances, it is directed that if Ext.P9 representation is not disposed of by the first respondent finally till date the same shall be disposed of after affording an opportunity of being heard to the petitioners and 4th respondent within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al