IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 WP(C).No. 18876 of 2011(H) -------------------------- PETITIONER: --------------- K.B.KUNJUAHAMMED, S/O.BAPUTTY AGED 65 YEARS, KOYAMBATTA PEEDIKAYIL P.O.KOTHACHIRA, PALAKKAD DISTRICT 679 535. BY ADV. MR.BINOY VASUDEVAN RESPONDENTS: --------------- 1. THE NAGALASSERY GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY P.O.KOOTTANAD, PALAKKAD DISTRICT 679 533. 2. THE SECREATARY NAGALASSERY GRAMA PANCHAYAT P.O.KOOTTANAD, PALAKKAD DISTRICT 679 533. 3. THE POLLUTION CONTROL BOARD DISTRICT OFFICE, PALAKKAD REPRESENTED BY THE ENVIRONMENTAL ENGINEER 678 014. BY ADV.MR.S.P.ARAVINDAKSHAN PILLAI FOR R1 & R2 MS.N.SANTHA, FOR R1 & R2 MR.S.A.ANAND FOR R1 & R2 MR.K.A.BALAN FOR R1 & R2 ADV. MR.M.K.CHANDRAMOHAN DAS,SC,POLL.C.BOARD FOR R-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/08/2011, ALONG WITH W.P.(C).NO.16844/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18876 of 2011(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: CONSENT FOR ESTABLISHING THE UNIT ISUED BY R3. EXT.P2: CONSENT LETTER ISSUED BY THE KERALA STATE ELECTRICITY BOARD. EXT.P3: BUILDING PERMIT. EXT.P4: CERTIFICATE ISSUED BY THE FIRE & RESCUE DEPARTMENT. EXT.P5: COMMUNICATION DATED 2.5.2011 ISSUED BY R2. EXT.P6: REPLY RECEIVED FROM R3. EXT.P7: LOCATION SKETCH WITH SITE PLAN IN RESPECT OF PETITIONER'S PROPERTY. EXT.P8: SANITARY FITNESS CERTIFICATE ISSUED FROM THE PRIMARY HEALTH CENTRE, CHALLISSERY. RESPONDENTS' EXHIBITS: NIL ..... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).Nos.18876 & 16844 Of 2011 ---------------------- Dated this the 25th day of August, 2011. J U D G M E N T The relief sought for in W.P(C).No.18876/2011 is to quash Ext.P5 to the extent it decided to seek further clarification from the Pollution Control Board and for a direction commanding respondents 1 & 2 to grant licence to the petitioner to start the hollow bricks unit as applied for. The prayer in W.P.(C). No.16844/2011 is for a direction commanding respondents 1 & 2 to issue notice to the petitioner and other affected parties, conduct an enquiry with regard to the objections raised by the affected parties, before granting licence to the 3rd respondent for starting the hollow brick industry. The 3rd respondent referred in W.P.(C).No.16844/2011 is the petitioner in W.P.(C). No.18876/2011. 2. The petitioner in W.P.(C).No.18876/2011 submitted an application for licence for establishing a hollow brick unit before the Panchayath. The application is pending consideration before respondents 1 & 2. While so, the petitioners in W.P.(C). No.16844/2011 and others, who are the residents of the locality, lodged a complaint before the Panchayath complaining that more than ten houses are situated very near to the property in which ::2:: W.P.(C).Nos.18876 & 16844 Of 2011 the petitioner in W.P.(C).No.18876/2011 proposes to start the hollow brick unit, that the manufacture of hollow brick using cement and granite quarry power would cause health hazards and air pollution etc. According to the petitioners in W.P.(C). No.16844/2011, being nearby residents they are entitled to be heard before granting licence to the petitioner in W.P.(C). No.18876/2011 by the Panchayath. 3. The application for grant of licence is pending consideration before respondents 1 & 2. It is for the Secretary of the Panchayath to take a final decision. The Secretary of the Panchayath shall pass final orders on the application for licence, after considering the objections raised by the petitioners in W.P. (C).No.16844/2011,other affected parties, if any and also the contentions raised by the petitioner in W.P.(C).No.18876/2011. The application for licence shall be disposed of 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. bkn/-