IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 14153 of 2008(I) ------------------------------------- PETITIONER(S): ----------------------- 1. VIJAYAN, AGED 49, S/O.BHASKARAN, VALLOPPALLIYIL HOUSE, KOODALOOR P.O., VAYALA (VIA), KOTTAYAM DISTRICT. 2. ANTONY, AGED 47, S/O.MARKOSE, VADAKKEKARA HOUSE, KOODALLOOR P.O., VAYALA (P.O.), KOTTAYAM DISTRICT. BY ADV. MR.MATHEW JOHN (K) RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS SECRETARY, TRIVANDRUM. 3. THE SENIOR ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, KOTTAYAM. 4. KIDANGOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KINDANGOOR P.O., KOTTAYAM DISTRICT. 5. BINU, S/O.ALEXANDER, CHETTIYETH HOUSE, KOODALLOOR P.O., VAYALA (VIA), KOTTAYAM DISTRICT. 6. ALEXANDER, S/O.MATHEW, CHETTIYETH HOUSE, KOODALLOOR P.O., VAYALA (VIA), KOTTAYAM DISTRICT. R1 BY GOVT. PLEADER MR. V.MANU R2 & R3 BY MR.M.K.CHANDRAMOHANDAS, SC. R4 BY ADVS.MR.V.G.ARUN, MR.T.R.HARIKUMAR. R5 & R6 BY MR.PRASAD CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.14153/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REPRESENTATION DT. 25.1.08 TO THE 2ND RESPONDENT. P2:- COPY OF THE CIRCULAR DTD. 30.4.1998 ISSUED BY THE 2ND RESPONDENT. P3:- COPY OF THE MEW CIRCULAR NO.PCB/TAC/ST.CR.COM/65/2005 DTD. 17.10.07 ISSUED BY THE 2ND RESPONDENT. P4:- COPY OF THE JUDGMENT IN WPC. NO.6447/08. P5:- COPY OF THE APPLICATION DTD. 3.5.08. R5(a):- COPY OF THE COUNTER AFFIDAVIT WITH EXTS. PRODUCED IN WPC. NO.6447/08 DTD. 8.3.08. R5(b):- COPY OF THE LETTER NO.169/08 DTD. 30.4.08. R5(c):- COPY OF THE LETTER NO.PCB/HO/LL/KTM/6447/08 DTD. 6.5.08. TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J ------------------- W.P.(C).14153/2008 -------------------- Dated this the 15th day of February, 2010 JUDGMENT 1. Petitioners' claim to be residents of Ward No.1 of Kidangoor Grama Panchayat. Their grievance is that the 5th respondent, who is the son of the 6th respondent, is proposing to establish a metal crusher unit in the close vicinity of their residential premises. It is stated that such proposal is taking advantage of clause 2 of Ext.P3 Circular issued by the Pollution Control Board reducing the minimum required distance from the residential premises from 250 metres prescribed in Ext.P3 to 150 metres. 2. On a previous occasion, petitioners had approached this Court by filing W.P.(C).6447/2008. That writ petition was disposed of by Ext.P4 judgment directing that the Pollution Control Board and the respondent Panchayat will hear the petitioners also before any decision is taken on the application made by the 5th respondent. Petitioners contend that without W.P.(C).14153/08 2 hearing them as directed in Ext.P4 judgment, Panchayat and the Pollution Control Board had decided to grant licence and consent to the 5th respondent. It is on that apprehension that the writ petition was filed and an interim order was also passed by this Court restraining further proceedings in the matter. 3. 5th respondent has filed a counter affidavit and submits that pursuant to the directions in Ext.P4 judgment, Panchayat and the Pollution Control Board had issued Exts.R5(b) and R5(c) notices, proposing to hear the parties and that it was at that stage, the writ petition was filed and that as a result of the interim orders passed, the aforesaid authorities are not processing the applications filed by the 5th respondent. The Pollution Control Board submits that in pursuance to Ext.R5(c) notice, they heard the parties on 17.5.2008 and conducted an inspection. But however, final orders have not been passed. 4. I have considered the submissions made. W.P.(C).14153/08 3 5. In Ext.P4 judgment, Panchayat and the Pollution Control Board were directed to hear the parties and decide on the applications made by the 5th respondent. From the counter affidavit filed by the 5th respondent and the submissions made by the learned Standing Counsel for the Pollution Control Board, it is obvious that final orders have not been passed as directed in the judgment. Therefore, as at present petitioners have not made out a case for entertaining the writ petition or issuing any directions as sought for by them. 6. Having regard to the directions in Ext.P4 judgment, writ petition is disposed of with the following directions. 7. The Kerala State Pollution Control Board and the respondent Panchayat will issue notice to the petitioners and the 5th respondent, and hear them on the application made by the 5th respondent for licence and consent. Any inspection that is to be conducted by the Pollution Control Board shall only be with notice to the petitioners. After conducting the hearing in the W.P.(C).14153/08 4 manner as directed above, it will be open to the Pollution Control Board and the Panchayat to pass orders on the licence/consent application made by the 5th respondent. 8. Contentions on merits raised by the parties are left open to be adjudicated in appropriate proceedings. The matter shall be concluded in the manner as directed above, as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment. ANTONY DOMINIC, Judge mrcs