IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 31483 of 2007(W) ----------------------------------------- PETITIONERS; ---------------------- 1. RAJU C.K., AGED 34 YEARS, S/O. KUMARAN, CHENNATT HOUSE, WARD NO.II, PATTANAKAD P.O., CHERTHALA, ALAPPUZHA DISTRICT. 2. MOHANAN T.D., AGED 46 YEARS, S/O. DANAVAN, AKHIL BHAVAN, WARD NO.II, PATTANAKAD GRAMA PANCHAYATH, PATTANAKAD P.O., CHERTHALA, ALAPPUZHA DISTRICT. 3. REJISH, AGED 27 YEARS, S/O. MURALI, MATHAMANGALATH, WARD NO.II, PATTANAKAD GRAMA PANCHAYATH, PATTANAMAD P.O., CHERTHALA, ALAPPUZHA DISTRICT. 4. E.V. CHIDAMBARAN, AGED 47 YEARS, S/O. VASAVAN, CHOOPURATH NIKARTH, WARD NO.10, PATTANAKAD GRAMA PANCHAYATH, PATTANAMAD P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.B.RAJIV KOYIKKAL RESPONDENTS: ------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, THE STATE OF KERALA, REP. BY THE SECRETARY, HEALTH SERVICE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. Kss ...2/- ...2.... WPC.NO.31483/2007 W 3. THE SECRETARY, KERALA STATE POLLUTION CONTROL BOARD, THONDANKULANGARA P.O., ALAPPUZHA DISTRICT. 4. THE SECRETARY, OFFICE OF THE PATTANAKAD GRAMA PANCHAYATH, PATTANAKAD P.O., CHERTHALA, ALAPPUZHA DISTRICT. 5. THE CIRCLE INSPECTOR OF POLICE, C.I. OFFICE, KUTHIATHODE, KKUTHIATHODE P.O., CHERTHALA. 6. THE SUB INSPECTOR OF POLICE, PATTANAKAD POLICE STATION, PATTANAKAD P.O., CHERTHALA, ALAPPUZHA. *ADDL.R7 TO R16 ARE IMPLEADED: R7. CHANDRAN, AGED 53, S/O.GOPALAN, MANOJ BHAVAN, PATTANAKKAD P.O., XI-WARD, PATTANAKKAD PANCHAYAT, ALAPPUZHA DISTRICT. R8. VISWANATHAN, AYYANKKATTUNIKARTH, PATTANAKAKD P.O., XI WARD, PATTANAKKAD PANCHAYAT, ALAPPUZHA DISTRICT. R9. KRISHNAN NIKARTHIL, NIKARTHIL, PATTANAKKAD P.O., XI -WARD, PATTANAKKAD PANCHAYAT, ALAPPUZHA. R10. RAVEENDRAN, VELATHUMPARAMBU, WARD IV, PATTANAKKAD P.O., PATTANAKKAD PANCHAYAT, ALAPPUZHA DISTRICT. R11. SUKUMARAN, MANNADE, PATTANAKKAD P.O., WARD XI, PATTANAKKAD PANCHAYAT, ALAPPUZHA DISTRICT. Kss ...3/- ...3.... WPC.NO.31483/2007 W R12. SAHADEVAN, MOOPPAMPARAMBU, PATTANAKKAD P.O., WARD XI, PATTANAKKAD PANCHAYAT, ALAPPUZHA. R13. O.K.RAVEENDRAN, OLAVAKKADU, PATTANAKKAD P.O., WARD XI, PATTANAKKAD PANCHAYAT, ALAPPUZHA DISTRICT. R14. P.P.THANKAPPAN, MANGALATH, PATTANAKKAD P.O., WARD XI, PATTANAKKAD PANCHAYAT, ALAPPUZHA DISTRICT. R15. P.P.VASUDEVAN, BAIJU BHAVAN, PATTANAKKAD P.O., WARD XI, PATTANAKKAD PANCHAYAT, ALAPPUZHA DISTRICT. R16. A.K.SUGATHAN, AYYANKATTU, WARD XI, PATTANAKKAD P.O., PATTANAKKAD PANCHAYAT, ALAPPUZHA DISTRICT. (*ADDL.R7 TO R16 ARE IMPLEADED AS PER ORDER DTD.21/11/07 IN I.A.NO.15357/2007) BY GOVERNMENT PLEADER SRI. K.J. MOHAMMED ANZAR BY SRI. M.K.CHANDRAMOHANDAS, SC, PCB BY ADV. SRI.J.OM PRAKASH R7 TO R16 BY ADV. SRI.D.KISHORE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No. 31483 OF 2007 ----------------------------------------------- DATED THIS THE 11TH JANUARY, 2008 J U D G M E N T Even though several prayers have been made in this writ petition, learned counsel for the petitioner in his submissions requests for a direction to the Panchayath to implement Ext.P6 order. In Ext.P6 order the Pattanakkad Grama Panchayath has prohibited coir bleaching etc.with effect from January 2007 onwards within the area of Panchayath. Sri. Om Prakash, counsel for the Panchayath would submit that in Ext.R14(f) resolution produced by the party respondent along with their counter affidavit, Ext.P6 order has been modified by the Panchayath on the basis of the report of a Panchayath committee. So long as Ext.R14(f) stands, it will not be possible to direct the Panchayath to implement Ext.P6. If the petitioner is aggrieved in Ext.R14(f), the petitioner has to pursue the remedy available to him under the statute. It is seen that Ext.R14(f) is not under challenge in this writ petition. WP(C)No.31483/2007 -2- Under these circumstances, I dispose of this writ petition declining the request for directing the Panchayath to implement Ext.P6. However considering the submission of the learned counsel for the petitioner and the facts and circumstances of the case, there will be a direction to the Panchayath to ensure that nobody violates Ext.R14(f). (PIUS C.KURIAKOSE, JUDGE) ks. WP(C)No.31483/2007 -3-