IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 WP(C).No. 861 of 2011(G) -------------------------------------- PETITIONER(S): ------------------------- 1. MARY JOSE, AGED 45 YEARS, W/O.JOSE, KUNNUMPURATH HOUSE, MARIKA P.O., PALAKUZHA, ERNAKULAM DISTRICT-686 662. 2. JOSE K.K., S/O.KORA, KURUTTUPARAMBIL HOUSE, MARIKA P.O., PALAKUZHA, ERNAKULAM DISTRICT-686 662. 3. THOMAS THOMAS, S/O.THOMAS, VIRIPARAMBIL HOUSE, MARIKA P.O., PALAKUZHA, ERNAKULAM DISTRICT-686 662. BY ADV. SRI.MILLU DANDAPANI RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRERSENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM-695 001. 3. THE DEPUTY DIRECTOR OF PANCHAYATHS, KAKKANAD P.O., ERNAKULAM-682 030. 4. THE SECRETARY, PALAKUZHA GRAMA PANCHAYATH, PALAKUZHA P.O., KOOTHATTUKULAM, ERNAKULAM DISTRICT, PIN-686 686. Kss ..2/- ..2.... WPC.NO.861/2011 G 5. THE DISTRICT COLLECTOR, ERNAKULAM-682 030. 6. THE DISTRICT MEDICAL OFFICER, ERNAKULAM-682 035. 7. THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY THE CHIEF ENVIRONMENTAL ENGINEER, GANDHI NAGAR, ERNAKULAM-682 020. 8. MELVIN GEORGE, W/O.GEORGE, PROPRIETRESS, M/S.THOMSON DESIGNER TITLES, P.O.MARIKA, PALAKUZHA, KOOTHATTUKULAM, ERNAKULAM DISTRICT, PIN-686 662. 9. THANKACHAN GEORGE PUNNOOS, MYAKKARAPPURATH HOUSE, P.O.MARIKA, PALAKUZHA, KOOTHATTUKULAM, ERNAKULAM DISTRICT-686 662. *ADDL.R10 IMPLEADED: R10. THE APPELLATE AUTHORITY/PANCHAYAT COMMITTEE OF PALAKUZHA GRAMA PANCHAYAT, REPRESENTED BY ITS PRESIDENT, PALAKUZHA, KOOTHATTUKULAM - 686 686. (*ADDL.R10 IS IMPLEADED AS PER ORDER DTD. 1/07/2011 IN I.A.NO.9606/2011) R1 TO R3, R5 & R6 BY GOVERNMENT PLEADER SRI.GOPAKUMAR R4 BY ADV. SRI.N.K.KARNIS R7 BY ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,POLL.C.BOARD R8 & R9 BY ADV. SRI.P.C.HARIDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.861/2011 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PETITION DTD. 19/01/2010 TO THE 4TH RESPONDENT. P2: COPY OF THE PETITION DTD. 19/01/2010 TO THE REVENUE DIVISIONAL OFFICER. P3: COPY OF THE REPORT DTD. 28/01/2010. P4: COPY OF THE PETITION FILED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT. P4(A): COPY OF THE REPORT DTD. 20/02/2010 BY THE 4TH RESPONDENT. P5: COPY OF THE NOTICE BY THE HEALTH INSPECTOR TO THE 9TH RESPONDENT DTD. 10/02/2010. P6: COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER TO THE 4TH RESPONDENT, DTD. 20/03/2010. P6(A): COPY OF THE LETTER NO.A1-1107/2010 DTD. 12/04/2010 ISSUED BY THE 4TH RESPONDENT. P6(B): COPY OF THE LICENCE APPLICATION FILED BY THE 8TH RESPONDENT. P7 COPY OF THE PETITION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT. P8: COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 6TH RESPONDENT, DTD. 21/04/2010. P9: COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MUVATTUPUZHA. P10: COPY OF THE PHOTOGRAPHS. Kss ..2/- ..2.... WPC.NO.861/2011 G P11: COPY OF THE ORDER DTD. 3/05/2010 ISSUED BY THE ENGINEER OF THE 7TH RESPONDENT. P12: COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT, DTD.13/5/2010. P13: COPY OF THE PETITION FILED BY THE 2ND PETITIONER BEFORE THE 4TH RESPONDENT, DTD. 8/06/2010. P14: COPY OF THE PETITION FILED BY THE 3RD PETITIONER BEFORE THE 4TH RESPONDENT, DTD. 8/06/2010. P15: COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 7TH RESPONDENT, DTD. 27/06/2010. P16: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT, DTD. 22/06/2010. P16(I.A.NO.9606/2011): COPY OF APPEAL PREFERRED BY THE 1ST PETITIONER BEFORE THE APPELLATE AUTHORITY/PANCHAYAT COMMITTEE OF PALAKUZHA GRAMA PANCHAYAT, ON 4/5/2011. P17: COPY OF STAY PETITION PREFERRED BY THE 1ST PETITIONER BEFORE THE APPELLATE AUTHORITY/PANCHAYAT COMMITTEE OF PALAKUZHA GRAMA PANCHAYAT, ON 4/05/2011. P18: COPY OF MEMO NO.(IV (17) DTD. 10/05/2011 ISSUED BY 4TH RESPONDENT. RESPONDENT'S ANNEXURES: R7(A): COPY OF THE LETTER NO.PCB/EKM/CC-52/2010 DTD. 3/5/2010. R7(B): COPY OF CONSENT TO OPERATE ISSUED TO THE UNIT ON 22/06/2010. R8A: COPY OF THE PLAINT IN O.S.NO.80/2010. R8B: COPY OF THE COMMISSION REPORT DTD. 12/03/2010 IN O.S.NO.80/2010. R8C: COPY OF THE CERTIFICATE ISSUED BY THE INDUSTRIES DEPARTMENT TO THE 8TH RESPONDENT. R8D: COPY OF THE CONSENT TO OPERATE/AUTHORISATION/REGISTRATION. Kss ..3/- ..3... WPC.NO.861/2011 G R8E: COPY OF THE LETTER DTD. 8/07/2010 ISSUED BY THE 4TH RESPONDENT. R8F: COPY OF THE NOC DTD. 7/7/10 ISSUEDBY THE 6TH RESPONDENT. R8G: COPY OF THE CERTIFICATE DTD.30/07/2010 OF THE 6TH RESPONDENT. R8H: COPY OF THE REPORT OF THE MEDICAL OFFICER. R8I: COPY OF THE D& O LICENSE ISSUED BY THE 4TH RESPONDENT TO THE 8TH RESPONDENT. R8J: COPY OF THE RECEIPT ISSUED FOR PAYMENT OF LICENSE FEE. R8K: COPY OF THE JUDGMENT DTD. 2/11/2010 IN WP(C) NO.20453/10. R8L: COPY OF THE APPEAL FILED BY THE 1ST PETITIONER. R8M: COPY OF THE LICENSE ISSUED TO THE 8TH RESPONDENT. /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 861 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of July, 2011 J U D G M E N T This writ petition has been filed mainly with a prayer to quash the license or any other permission or No Objection Certificate given by the respondents 4 to 7 for the Cement Brick Tile Factory being conducted by the respondents 8 and 9. In view of the order I propose to pass in this writ petition, I do not think it necessary to narrate the facts of the case in detail. Aggrieved by the action on the part of the respondents 4 to 7 in granting license to the 8th respondent the petitioner has already preferred Ext.P16 appeal before the additional 10th respondent. The said appeal is still pending consideration before the 10th respondent. Therefore, without making any observation as to the merits of the rival contentions raised in this writ petition, it is disposed of with a direction to the additional 10th respondent to consider and pass orders on Ext.P16 with notice to the petitioners and also to the respondents 8 and 9, expeditiously, at any rate, within a period of one month from today. The WPC.No.861/2011 : 2 : learned senior counsel appearing for the petitioner submits that in the light of Ext.R1(d) the petitioners may be given the liberty to call it question in appeal. It is made clear that it will be open to the petitioners to prefer an appeal, in accordance with law, in case they are aggrieved by Ext.R1(d). The learned Senior Counsel further submits that in case the order in the appeal is adverse to the petitioners they may be given liberty to pursue with the matter further. I do not think it necessary for the petitioner to seek such a permission as it would always be open to the petitioners to resort to appropriate proceedings, in such eventuality, in accordance with law. Disposed of accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge