IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 WP(C).No. 32513 of 2011(L) -------------------------------------- PETITIONER: ------------------- BINDHU REJI, W/O.REJI THOMAS, THODATHIL HOUSE, PULLUVAZHY-683 541, RAYAMANGALAM VILLAGE, KUNNATHUNADU TALUK. BY ADVS. SRI.V.RAJENDRAN (PERUMBAVOOR), SRI.GEORGE VARGHESE KIZHAKKAMBALAM. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. DIRECTOR OF FACTORIES AND BOILERS, THIRUVANANTHAPURAM-35. 3. INSPECTOR OF FACTORIES AND BOILERS GRADE-I, PERUMBAVOOR FACTORIES AND BOILERS OFFICE, ALUVA-1. 4. INSPECTOR OF FACTORIES AND BOILERS GRADE II, PERUMBAVOOR (H.Q.), ALUVA-1. 5. CIRCLE INSPECTOR OF POLICE, KURUPPUMPADY-683 543. R1 TO R5 BY GOVT. PLEADER SRI. MOHAMMED SHAH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.32513/2011-L: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF NO OBJECTION CERTIFICATE FROM FOREST AND WILD LIFE DEPARTMENT BEARING FILE NO.FC3-1272/2007 DATED 12/8/2011. EXT.P2: TRUE COPY OF NOC FROM THE OFFICE OF DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, ERNAKULAM BEARING NO. A-2281/2011 DATED 22/10/2011. EXT.P3: TRUE COPY OF PERMISSION ISSUED BY DISTRICT MEDICAL OFFICER, ERNAKULAM ON 4/6/2011 BEARING NO.L.DIS(C2)/4730/2011. EXT.P4: TRUE COPY OF CONSENT ISSUED BY ENVIRONMENTAL ENGINEER OF KERALA STATE POLLUTION CONTROL BOARD BEARING NO. PCB/EKM/DO2/IC-406/2011 ON 23/11/2011. EXT.P5: TRUE COPY OF REGISTRATION FROM THE OFFICE OF COMMERCIAL TAX OFFICE, PERUMBAVOOR UNDER THE KERALA VEHICLE ADDED TAX RULES, 2005 TIN NO.32151326218 C. EXT.P6: TRUE COPY OF CERTIFICATE ISSUED BY ASSISTANT ENGINEER, ELECTRICAL SECTION, VALAYANCHIRANGARA DATED 20/8/2011. EXT.P7: TRUE COPY OF ERECTION PERMIT ISSUED FROM RAYAMANGALAM GRAMA PANCHAYATH ON 17/6/2008 VIDE ORDER NO.A3-2718/07. EXT.P8: TRUE COPY OF NOTICE BEARING NO.A-557/2011 DATED 17/11/2011 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT. EXT.P9: TRUE COPY OF RECEIPT ISSUED FROM SUB TREASURY ALUVA ON 30/11/2011. EXT.P10: TRUE COPY OF LETTER ISSUED TO THE SECRETARY, RAYAMANGALAM GRAMA PANCHAYATH BEARING NO.A1-583/2011 DATED 30/11/2011. EXT.P11: TRUE COPY OF LICENCE BEARING NO.A3-181/2011 DATED 30/11/2011 ISSUED FROM RAYAMANGALAM GRAMA PANCHAYATH. EXT.P12: TRUE COPY OF ORDER BEARING NO.A3-557/2011 DATED 14/11/2011. EXT.P13: TRUE COPY OF APPEAL DATED 1/12/2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P14: TRUE COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 1/12/2011. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 32513 of 2011 L ``````````````````````````````````````````````````````````` Dated this the 7th day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Aggrieved by Ext.P12 order passed by the third respondent, petitioner has filed Ext.P13 appeal under Section 19 of the Boilers Act, 1923 along with Ext.P14 stay application. The appeal is pending before the second respondent. While so, this writ petition has been filed, apprehending coercive action based on Ext.P12. 2. Since the appeal is statutory in nature, it is liable to be considered on merits. Therefore, I dispose of this writ petition, directing the second respondent to consider and pass orders on Ext.P13 with notice to the parties concerned and as expeditiously as possible, at any rate, within six weeks from the date of production of a copy of this judgment. 3. It is directed that, in the meanwhile, further proceedings pursuant to Ext.P12 will be kept in abeyance. W.P.(C) No.32513/2011 : 2 : Petitioner shall produce a copy of this judgment and a copy of the writ petition before respondents 2 and 3 for compliance. Sd/- (ANTONY DOMINIC, JUDGE) aks/07/12 // True Copy // P.A. To Judge