IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 W.P(C).No. 10127 of 2005(E) -------------------------- PETITIONER: ----------- MARATT PLANTATIONS PRIVATE LIMITED, V.M.ESTATE, OOTTY ROAD, MAMPAD, MALAPPURAM DIST., REPRESENTED BY ITS EXECUTIVE DIRECTOR, KUNCHERIA MARATTUKALAM, RESIDING AT MARATT ESTATE, BANNERGHATTA ROAD, BANGALORE-76. BY ADV. SMT.PRABHA R.MENON SRI.M.KRISHNA KUMAR RESPONDENTS: ------------ 1. THE SECRETARY, MAMPAD GRAMA PANCHAYATH, P.O. MAMPAD, MALAPPURAM DISTRICT. 2. THE MAMPAD GRAMA PANCHAYATH, REP. BY ITS SECRETARY, P.O. MAMPAD, MALAPPURAM DISTRICT. 3. THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, MALAPPURAM DISTRICT. BY ADV. SRI.M.K. CHANDRA MOHANDAS,SC,POLL.C.BOAR - R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 10127/2005 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : A TRUE COPY OF THE LICENCE ISSUED BY THE PANCHAYATH DATED 21/10/2002. EXHIBIT P2 : A TRUE COPY OF THE FACTORY LICENCE. EXHIBIT P3 : THE CONSENT FROM THE POLLUTION CONTROL BOARD. EXHIBIT P4 : A TRUE COPY OF A NOTICE DATED 23/11/2002. EXHIBIT P5 : A TRUE COPY OF A REPLY BY THE PETITIONER DATED 29/11/2002. EXHIBIT P6 : A COPY OF A RESOLUTION DATED 15/02/2003. EXHIBIT P7 : A TRUE COPY OF THE ORDER IN CMP.18405/03 IN O.P 10705/2005 DATED 2/04/2003. EXHIBIT P8 : A TRUE COPY OF THE ORDER IN CMP 15870/03 IN O.P 9236/03 DATED 16/2/2004. EXHIBIT P9 : A TRUE COPY OF THE APPLICATION FOR RENEWAL OF LICENCE DATED 9/02/2005. EXHIBIT P10: A TRUE COPY OF THE ORDER DATED 9/03/2005. EXHIBIT P11: A TRUE COPY OF THE REPORT DATED 11/09/2003. /TRUE COPY/ P.A. TO JUDGE scm KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.10127 OF 2005 --------------------------------------- Dated this the 28th day of August, 2008. J U D G M E N T Petitioner approached this Court aggrieved by Exhibit P10 order passed by the Grama Panchayath refusing to renew the licence. Pursuant to the interim order dated 29.03.2005, it is seen that the licence has been renewed. It is also submitted that as per the report of the Environmental Engineer, there is no pollution. 2. This writ petition is disposed of in terms of the interim order making it clear that if any person has any grievance with regard to pollution, such person shall be referred to the third respondent at the first instance. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 10127 OF 2005 J U D G M E N T 28.08.2008