IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 2870 of 2009(N) ------------------------------------- PETITIONER: ------------------- SANTHOSH KUMAR.K.AMBUKA VILASOM, KUNNATHUKONAM, ANADU PO., THIRUVANANTHAPURAM. BY ADVS. MR.NAGARAJ NARAYANAN, MR.SAIJO HASSAN, MR.RAJAN VELLOTH, MR.SABU SREEDHARAN. RESPONDENTS: ------------------------ 1. PULLAMPARA GRAMA PANCHAYATH, PULLAMPARA, ANADU,THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. THE SECRETARY, PULLAMPARA GRAMA PANCHAYATH, PULLAMPARA, ANADU, THIRUVANANTHAPURAM. 3. ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, PETTA, THIRUVANANTHAPURAM. R1 & R2 BY ADV. MR..S.NARAYANAN NAIR, R3 BY SMT.K.K.THULASY BHAI, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.2870/2009-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTICE OF THE R.2. EXT.P.2: COPY OF THE REPLY DTD. 12/11/2008 OF THE PETITIONER TO EXT.P.1. EXT.P.3: COPY OF THE ACKNOWLEDGEMENT DTD. 18/11/2008 ISSUED BY THE DISTRICT INDUSTRIES CENTRE, DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA. EXT.P.4: COPY OF THE LETTER DTD. 24/11/2008 ISSUED BY THE R.2. EXT.P.5: COPY OF THE LOCATION SKETCH AND PLAN DTD. 21/11/2008 SUBMITTED BY THE PETITIONER BEFORE THE R.2. AND WHICH WAS VERIFIED AND FOUND CORRECT BY THE R.2. EXT.P.6: COPY OF THE RECEIPT DTD. 01/01/2009 ISSUED BY THE R.3. EXT.P.7: COPY OF THE ORDER DTD. 12/12/2008 OF THE REGIONAL TOWN PLANNER OF THE TOWN PLANNING DEPARTMENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.2870 OF 2009 ------------------------------------------- Dated this the 16th day of July, 2009 JUDGMENT The petitioner has applied for permission to run a brick manufacturing unit. The Panchayat could consider that application only on obtaining clearance from the Pollution Control Board. Accordingly, the third respondent is directed to consider any request of the petitioner pending before it for clearance. It is pointed out that Ext.P6 is the receipt evidencing that the matter is pending before the third respondent. Let the third respondent take a final decision and issue it within a period of four weeks from the date of receipt of a copy of this judgment. On production of such decision, the Panchayat will decide on the petitioner's application for permit within a further period of three weeks. This writ petition is ordered accordingly leaving open all other issues. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.18/7.