IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 21639 of 2008(A) -------------------------- PETITIONER: ------------ T.P. MOIDEENKUTTY HAJEE, S/O.KUNHUMOIDEENKUTTY, M/S. HINDUSTAN GRANITES, KANNAMANGALAM.P.O, MALAPPURAM. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS: ------------- 1. THE KERALA STATE POLLUTION CONTROL BOARD, REP. BY ITS CHAIRMAN, PATTOM.P.O, THIRUVANANTHAPURAM. 2. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, PERINTHALMANNA ROAD, UPHILL.P.O, MALAPPURAM. 3. KANNMANGALAM GRAMA PANCHAYATH, REP. BY ITS SECRETARY, KANNAMANGALAM, VENGARA, MALAPPURAM. BY ADV. SRI.A.SUDHIVASUDEVAN,SC FOR PCB FOR R1 & 2 ADV. SRI. M.K. CHANDRAMOHAN DAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 21639 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 7th August, 2008. J U D G M E N T The petitioner aspires to re-start his metal crusher unit. Originally, the petitioner obtained a licence from the Panchayat and consent from the Pollution Control Board for the same. However, the petitioner could not continue to run the unit because of health reasons. The petitioner wants to start the unit again on regaining health. Although the petitioner applied for renewal of the earlier consent, he was informed that he has to apply for fresh consent. Accordingly, the petitioner is stated to have applied for a fresh consent before the Pollution Control Board on 19-12-2006. Although an inspection was conducted and the petitioner is stated to have remitted the required fee as directed, the petitioner complains that so far consent has not been issued to the petitioner. The petitioner therefore seeks the following reliefs: “(i) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st and 2nd respondents to grant consent to establish the Metal Crushing Unit as applied for by the petitioner and in terms of the remittance made by the petitioner evident from Exts.P7 and P8; (ii) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st and 2nd respondents to process the application for consent to establish the Metal Crusher Unit as applied for by the petitioner and evident from Exts.P 5 & P8 & P9 within a time frame to be fixed by this Honourable Court.” 2. Learned standing counsel appearing on behalf of the Pollution Control Board submits that the 2nd respondent has forwarded the application for consent to the 1st respondent, who has to pass final orders in the matter. Standing counsel seeks some more time to pass final orders. Having heard both sides, I dispose of this writ petition with a W.P.C. No. 21639/2008. -: 2 :- direction to the 1st respondent to pass final orders in the application for consent submitted by the petitioner as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.