IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 7672 of 2008(L) ------------------------- PETITIONER: ------------ P.P.THANKACHAN, S/O.LATE PATHROSE, PARAPURAM HOUSE, KOOVAPADY, PERUMBAVOOR. BY ADV. SMT.MOLLY JACOB SMT.ASHIFA YOUSEFF SMT.T.V.SREEJA SMT.M.KABANI DINESH RESPONDENTS: ------------- 1. KOOVAPADY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KOOVAPADY, PERUMBAVOOR. 2. KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY SECRETARY, SECRETARY, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, ERNAKULAM. 4. DISTRICT OFFICER, KERALA STATE FIRE FORCE ERNAKULAM. 5. DISTRICT MEDICAL OFFICER, DISTRICT HOSPITAL, ERNAKULAM. 6. BLUE BLACK GRANITES REPRESENTED BY ITS MANAGING PARTNER MR.SALUS, S/O.CHERIAN, PARAPPURAM HOUSE, KOOVAPADY, PERUMBAVOOR. R1 BY ADV. SMT.JAYASREE MANOJ R6 BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR R2 BY ADV.MR.M.K.CHANDRAMOHAN DAS, S.C. R3 TO R5 BY GOVT. PLEADER MR.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 7672 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 19th March, 2008 JUDGMENT Heard Smt.Molly Jacob, counsel for the petitioner, Smt.Jayasree Manoj, counsel for the 1st respondent, Mr.V.G.Arun, counsel for the 6th respondent, Mr.M.K.Chandramohan Das, Standing Counsel for the 2nd respondent and the Government Pleader for respondents 3 to 5. Having considered the submissions, I am of the view that the grievances voiced by the petitioner can be redressed if the Writ Petition itself is disposed of issuing certain directions. Accordingly, the Writ Petition will stand disposed of issuing the following directions: The 2nd respondent will while considering the application submitted by the 6th respondent for consent to operate the unit will consider Ext.P2 complaint submitted by the petitioner and will pass orders on that application only after hearing the petitioner also. The petitioner should be permitted to urge the grounds against consent to establish the unit already issued to the 6th respondent while considering the application for issuance of consent to operate the unit. The first respondent also will issue a hearing notice to the petitioner while it considers the 6th respondent's application for W.P.C.No.7672/08 - 2 - licence for expanding the unit by using motor beyond 40 HP and will hear the petitioner also before passing final orders. srd PIUS C.KURIAKOSE, JUDGE