IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 WP(C).No. 9204 of 2010(A) ------------------------- PETITIONER: --------------- I.V.RATNAPPAN, AGED 75 YEARS, S/O.IYER,VELLAPPALLY HOUSE, KALAVAMKODAM P.O., CHERTHALA, ALAPPUZHA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): --------------- 1. THE VAYALAR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY,VAYALAR P.O., CHERTHALA, ALAPPUZHA. 2. THE SECRETARY, VAYALAR GRAMA PANCHAYATH, VAYALAR P.O., CHERTHALA, ALAPPUZHA. 3. THE ENVIORNMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, ALAPPUZHA. 4. THE DISTRICT COLLECTOR, ALAPPUZHA. 5. V.S.BABY, S/O.SANKARANKUNJU, NAMAKKAD HOUSE, VELLAPPALLY HOUSE, KALAVAMKODAM P.O., CHERTHALA, ALAPPUZHA. SRI.PETER JOSE CHRISTO FOR R1-2 SRI.C.R.RAMESH FOR R1-2 ADV. SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOAR FOR R3 GOVT.PLEADER SMT.N.SUDHA DEVI FOR R4 SRI.V.L.SHENOY FOR R5 SRI.L.JAYAWANTH FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.9204/10 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF NOTICE DATED 30.11.09 ISSUED BY THE 2ND RESPONDENT. EXT.P2: TRUE COPY OF THE NOTICE DATED 14.1.10 ISSUED BY THE 2ND RESPONDENT. EXT.P3: TRUE COPY OF THE LETTER DATED 4.2.10 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT. EXT.P4: TRUE COPY OF THE DEICISON NO.7(1) DATED 5.2.10 OF THE 1ST RESPONDENT. EXT.P5: TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BEFORE THE DISTRICT COLLECTOR, ALAPPUZHA. EXT.P6: TRUE COPY OF THE LETTER DATED 24.2.10 RECEIVED FROM THE OFFICE OF MEDICAL OFFICER IN CHARGE, PRIMARY HEALTH CENTRE, VAYALAR. T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.9204 of 2010 --------------------------------- Dated this the 31st day of May, 2010 JUDGMENT The petitioner has filed this Writ Petition complaining that the 5th respondent is conducting an industrial fibre unit as 'Padma Fibre Industries' for manufacturing coconut fibre, without getting any licence under the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive trades and Factories)Rules, 1996. According to the petitioner, the filth emanating from the unit is being discharged into the public water channel, thereby causing severe health problems. 2. The 5th respondent has filed a counter affidavit contending, inter alia, that the fibre unit was established way back in 2004, after taking valid licence from the authorities concerned, which expired in the year 2006. Thereafter, the establishment remained closed, as the local authorities failed to renew the licence. It is pointed out that the 5th respondent has complied with all the terms, but the licence is not renewed so far. Exhibit R5(a) series are the applications submitted by the 5th respondent before the Panchayat and the Pollution Control Board. W.P.(C)No.9204/10 -2- It is further evident from the statement made by the 5th respondent in Exhibit R5(a) that he has stopped operation of the unit from 25.2.2010. He has also assured the Panchayat that without obtaining the licence, he will not re-start the unit. 3. Therefore, it is evident from the pleadings that the 5th respondent has stopped functioning of the unit from 25.2.2010. In that view of the matter, it is upto the authorities like the Panchayat and Pollution Control Board to consider the applications and dispose of the same in accordance with law. While considering the applications, the objections raised by the petitioner also will be considered. Action in the matter will be finalised by the Panchayat as well as the Pollution Control Board, within a period of six weeks from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn