IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 WP(C).No. 22598 of 2008(M) ----------------------------------------- PETITIONER: -------------------- HILAL.B. S/O.LATE M.BADARUDEEN, NEELACHARAZHIKAM, PO KANNANALLOOR, KOLLAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS: -------------------------- 1. THRIKKOVILVATTOM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PO MUKHATHALA, KOLLAM - PIN 2. THE SECRETARY, THRIKKOVILVATTOM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PO MUKHATHALA, KOLLAM - PIN BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22598/2008 M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF LETTER NO.K 13/1386/08 DTD. 10/04/2008 OF THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KOLLAM TO THE 2ND RESPONDENT. EXT.P2: COPY OF APPLICATION DTD.17/05/2008 OF THE PETITIONER TO THE 1ST RESPONDENT. EXT.P3: COPY LETTER NO.GKT -412/08 DTD. 23/06/2008 OF THE DISTRICT OFFICER, GROUND WATER DEPARTMENT, KOLLAM. EXT.P4: COPY CONSENT LETTER OF NEIGHBOURS OF THE PETITIONER. EXT.P5: COPY OF CONSENT DTD. 8/04/2008 OF THE KERALA STATE POLLUTION CONTROL BOARD, KOLLAM. EXT.P6: COPY OF CERTIFICATE DTD. 29/03/2008 OF THE ASSISTANT DIVISIONAL OFFICER, FIRE & RESCUE SERVICES, KOLLAM. EXT.P7: COPY OF LETTER DTD. 29/03/2008 OF THE DISTRICT MEDICAL OFFIER OF HEALTH, KOLLAM TO THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KOLLAM. EXT.P8; COPY OF NO OBJECTION CERTIFICATE DTD. 28/03/2008 THE DEPUTY TOWN PLANNER, TOWN PLANNING OFFICE, KOLLAM. EXT.P9: COPY OF ORDER DTD. 23/04/2008 OF THE DEPUTY TOWN PLANNER, KOLLAM. EXT.P10: COPY OF RECEIPT DTD. 3/3/2008 ISSUED BY SHIVSU CANADIAN CLEAR WATERS TECHNOLOGY PVT.LTD., CHENNAI. EXT.P11: COPY OF DECISION NO.II(5)-)O DTD.21/07/2008 OF THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 22598 OF 2008 M = = = = = = = = = = = = = = = = = Dated this the 31st day of July 2008 J U D G M E N T Although notice was ordered to be served on the respondents by special messenger and service is complete, there is no appearance on their behalf. 2. Challenge in this writ petition is against Ext. P11. Ext. P11 is the proceedings of the President of the 1st respondent Panchayat, conveying to the petitioner decision of the committee of the Panchayat accepting the report of the sub-committee not to grant him permit for the installation of a Package Drinking Water Unit, applied for by the petitioner. 3. As is evident from Ext. P1, by his application dated 25.2.2008 petitioner applied for permit for the installation of the aforesaid Unit, viz. M/s. Mather Water Technologies & Bottling Plant. It is this application which is seen rejected by Ext. P11. 4. A reading of Ext. P11 shows that a sub-committee was W.P.(C) No. 22598 OF 2008 -2- appointed to go into the application made and based on the sub- committee's recommendation the application has been rejected. The proceedings do not reflect the reasons on the basis of which the sub-committee has recommended rejection of the application, nor the reasons for the Panchayat for accepting the recommendation of the sub-committee. Therefore, evidently Ext. P11 lacks reasons in support of the rejection of the petitioner's application and for that reason itself Ext. P11 cannot be sustained. Accordingly, Ext. P11 will stand quashed and the 2nd respondent shall reconsider the application made by the petitioner and pass orders thereon with notice to the petitioner. This shall be done as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. ANTONY DOMINIC JUDGE jan/-