IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 20194 of 2010(Y) ------------------------------------- PETITIONER(S): ------------------------ K.SAJEESH, S/O.SOMAN, KOTTEKKATTIL HOUSE POST PACHATTIRI, TIRUR TALUK, MALAPPURAM DISTRICT PIN 676 105, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,K.SOMAN, S/O. KARAPPAN, KOTTEKKATTIL HOUSE POST PACHATTIRI, TIRUR TALUK, MALAPPURAM DISTRICT BY SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE BY ADVS. SRI.SAJU.S.A SRI.K.C.KIRAN RESPONDENT(S): ------------------------- 1. VETTOM GRAMA PANCHAYATH REPRESETNED BY ITS SECRETARY, POST VETTOM, MALAPPURAM DISTRICT,PIN 676 102. 2. SECRETARY VETTOM GRAMA PANCHAYATH POST VETTOM, MALAPPURAM DISTRICT,PIN 676 102. 3. KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ENVIRONMENTAL ENGINEER DISTRICT OFFICE, KERALA KERALA STATE POLLUTION CONTROL BOARD, MALAPPURAM DISTRICT,PIN 676 102. 4. CHIEF FOREST CONSERVATOR (SPECIAL AFORESTATION) AND NODAL OFFICER, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. R1 & R2 BY ADVS. SRI.MURALI PURUSHOTHAMAN, SRI.DEEPU LAL MOHAN, SMT.LEENA MURALI, R3 BY SRI.A.SUDHI VASUDEVAN,SC,POLLUTION CONTROL BOARD R4 BY GOVT. PLEADER SRI.P.M.PAULOSE ADDL. R5 BY SRI.K.M.FIROZ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2010, ALONG WITH WPC. NO.20194/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.20194/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PERMIT GRANTED BY R1 GRAMA PANCHAYATH FOR THE CONSTRUCTION OF THE BUILDING AND TO INSTALL THE MACHINERY DTD. 9.12.2005. P2:- COPY OF THE ALLOCATION OF POWER FOR THE UNIT ISSUED BY A.E.E. ELECTRICITY BOARD, TIRUR DTD. 23.1.2006. P3:- COPY OF THE LICENSE ISSUED TO THE PETITIONER BY VETTOM GRAMA PANCHAYATH DTD. 22.4.2006. P4:- COPY OF THE LICENSE ISSUED TO THE PETITIONER FROM VETTOM GRAMA PANCHAYATH DTD. 7.7.07. P5:- COPY OF THE RECEIPT ISSUED BY VETTOM GRAMA PANCHAYATH DTD. 9.4.2010. P6:- COPY OF THE NOTICE ISSUED BY IST RESPONDENT GRAMA PANCHAYATH DTD 3.6.2010. P7:- COPY OF THE RECEIPT ISSUED BY POLLUTION CONTROL BOARD DTD. 9.6.2010. P8:- COPY OF THE DEMAND DRAFT FOR PAYMENT OF ES. 1,770/- IN FAVOUR OF THE POLLUTION CONTROL BOARD DTD. 9.6.10. P9:- COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT DTD. 31.10.2008. P10:- COPY OF THE COMMUNICATION FROM THE 4TH RESPONDENT TO THE PETITIONER DTD. 21.12.2009. P11:- COPY OF THE AGREEMENT SUBMITTED BY THE FATHER OF THE PETITIONER BEFORE THE R4 DTD. 11.3.2010. P12:- COPY OF THE POSSESSION CERTIFICATE ISSUED BY VILLAGE OFFICER, VETTOM DTD. 6.3.2010. P13:- COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY VETTOM GRAMA PANCHAYATH DTD. 9.3.2010. P14:- COPY OF THE CONSENT ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DTD. 1.7.2010. P15:- COPY OF THE NO OBJECTION CERTIFICATE , DTD. 20.7.2010. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos. 20610/2010-A and 20194/2010-Y - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2010. JUDGMENT These writ petitions concerned a common issue. In W.P.(C) No.20194/2010 the petitioner is the proprietor of a small scale industrial unit engaged in the manufacture of wooden furniture, situated at Door No.IV/101 in Vettom Grama Panchayat and the petitioner in W.P.(C) No.20610/2010 is objecting to the grant of licence, as according to him, the petitioner in the other writ petition is not having the consent from the Pollution Control Board and permits from other statutory authorities. 2. Learned Senior counsel appearing for the petitioner in W.P.(C) No.20194/2010 submitted that during the pendency of the writ petition, the consent from the Pollution Control Board and the No Objection Certificate by the State Level Empowered Committee have been obtained by the petitioner which will be produced before the Panchayat and the Panchayat may be directed to take a decision in the matter. Learned Counsel for the Panchayat submits that a decision will be taken after considering the documents like the permits/licence/consent/NOC produced by the petitioner. Learned counsel appearing for the additional respondent in wpc 20610 & 20194/2010 2 W.P.(C) No.20194/2010 who is the petitioner in W.P.(C) No.20160/2010 submitted that the Panchayat may be directed to verify whether the proprietor of the unit has complied with all the conditions prescribed by the Pollution Control Board and other statutory authorities. 3. Therefore, there will be a direction to the Panchayat to take a decision in the matter after hearing both parties and after verifying all the documents. Appropriate orders shall be passed within a period of one month from the date of receipt of a copy of this judgment. It is open to the petitioner in W.P.(C) No.20610/2010 to raise all contentions before the Panchayat. The interim order in W.P.(C) No.20194/2010 will continue till orders are passed and communicated by the Panchayat. The writ petitions are disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/