IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 26579 of 2009(N) -------------------------- PETITIONER(S): --------------- JAIMON JAMES, VALLITHOTTATHIL INDUSTRIES, KOODALLUR POST, VAYALA, KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENT(S): --------------- 1. KIDANGOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KIDANGOOR, KOTTAYAM. 2. THE SECRETARY, KIDANGOOR GRAMA PANCHAYATH, KODANGOOR, KOTTAYAM. 3. THE CHAIRMAN, DISTRICT BOARD, INDUSTRIAL SINGLE WINDOW CLEARANCE BOARD AND INDUSTRIAL TOWNSHIP AREA DEVELOPMENT ACT 1999, KOTTAYAM. (THE DISTRICT COLLECTOR, KOTTAYAM.) BY V G ARUN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 26579 OF 2009 ............................................ DATED THIS THE 30TH DAY OF SEPTEMBER, 2009 JUDGMENT The petitioner is a metal crusher operator. He had a secondary crusher. The allegations of pollution in relation to that secondary crusher brought the parties to this court. Ext.P5 judgment was issued. 2. Thereafter, the petitioner wanted to install a primary crusher in addition to the existing secondary crusher. He got clearance of that project through the single window clearance board. Going by Ext.P7, that clearance has been given in consultation with the Environmental Engineer. Obviously therefore, the panchayat is bound to issue licence acting on Ext.P7, more particularly because the panchayat is bound to act in terms of that decision. 3. On ground realities, it also needs to be noted that Ext.P6 is a consent to establish. That has necessarily to be followed by a consent to operate for the establishment to commence operations. Pollution Control Board authorities will have to be Wpc 26579/2009 2 satisfied that the conditions imposed and those to be complied with for the issuance of a consent to operate have been satisfied. In the aforesaid backdrop, it is ordered that the panchayat will take up the application of the petitioner following Ext.P7 and issue licence within a period of ten days from now. The petitioner will operate the unit only after obtaining consent to operate from the competent authority in the Pollution Control Board. Writ petition ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/1/10