IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 19123 of 2009(I) ------------------------------------- PETITIONER: ------------------- N.ANIRUDHAN, S/O.NARAYANAN, AGED 80 YEARS, LAL SADANAM, EZHUKONE, EZHUKONE PANCHAYAT, KOLLAM DISTRICT. BY ADVS. MR.T.RAMPRASAD UNNI, MR.J.R.PREM NAVAZ. RESPONDENTS: ------------------------ 1. THE EZHUKONE GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, EZHUKONE, KOLLAM DISTRICT. 2. SRI.L.SASIDHARAN, PROPRIETOR, SREE KRISHNA RICE MILL, VADDAKKE ALUVILA VEEDU, KOLANNUR, EDAKKIDAM, EZHUKONE. 3. THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. MR.M.K.CHANDRA MOHANDAS, R2 BY ADVS.MR.G.D.PANICKER, SMT.JEENA JOSEPH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19123/2009-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 21/04/2009 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS IN REVISION PETITION NO. 120 OF 2008 FILED BY THE PETITIONER. EXT.P.2: COPY OF THE COMMUNICATION NO. 31441/RC3/2009/L.S.G.D. DTD. 09/06/2009 FROM THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, TO THE EZHUKONE GRAMA PANCHAYAT. EXT.P.3: COPY OF THE COMMUNICATION DTD. 02/11/2009 RECEIVED BY THE PETITIONER FROM THE EZHUKONE GRAMA PANCHAYAT. EXT.P.4: COPY OF THE COMMUNICATION DTD. 13/02/2003 RECEIVED BY THE PETITIONER FROM THE KERALA STATE POLLUTION CONTROL BOARD. EXT.P.5: COPY OF THE COMMUNICATION DTD. 09/04/2003 RECEIVED BY THE PETITIONER FROM THE DISTRICT MEDICAL OFFICER. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE SALE DEED DTD. 08/09/1997. EXT.R2.B: COPY OF THE JUDGMENT IN O.P. NO. 15413/1997, DTD. 04/11/1997. EXT.R2.C: COPY OF THE JUDGMENT IN W.A. NO. 2257/1997 DTD. 11/12/1997. EXT.R2.D: COPY OF THE LICENSES ISSUED UP TO 31/03/2003. EXT.R2.E: COPY OF THE CONSENT ORDER ISSUED BY POLLUTION CONTROL BOARD. EXT.R2.F: COPY OF THE ORDER IN APPEAL NO. 626/2005 OF THE TRIBUNAL DTD. 25/10/2005. EXT.R2.G: COPY OF THE LICENCE DTD. 08/02/2005. EXT.R2.H: COPY OF THE MINUTES OF THE POLLUTION CONTROL BOARD ON 03/12/2004 DTD. 10/12/2004. EXT.R2.I: COPY OF THE CONSENT RENEWAL ORDER EXTENDING UP TO 31/12/2008 AS PER ORDER DTD. 03/03/2006. EXT.R2.J: COPY OF THE ORDER NO. PCB/KO/A/70/04 DTD. 29/07/2006 OF THE POLLUTION CONTROL BOARD. EXT.R2.K: COPY OF THE ORDER NO. E4-129/06, DTD. 01/09/2006, ISSUED BY SECRETARY, EZHUKONE GRAMA PANCHAYAT. W.P.(C). NO.19123/2009-I: EXT.R2.L: COPY OF THE JUDGMENT IN W.P.(C).NO.4965/2005 DTD. 15/12/2006. EXT.R2.M: COPY OF THE ORDER NO. E4-129/07 DTD. 15/02/2007 OF THE R.1. EXT.R2.N: COPY OF THE DECISION OF THE PANCHAYAT COMMITTEE DTD. 11/06/2009. EXT.R2.O: COPY OF THE ORDER IN R.P.NO.77/2009 OF THE TRIBUNAL, DTD. 08/10/2009. EXT.R2.P: COPY OF THE APPLICATION BEFORE THE PANCHAYAT AS PER THE DIRECTION OF THE TRIBUNAL. EXT.R2.Q: COPY OF THE LICENSE FOR THE YEAR 2008-2009. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.19123 OF 2009 () -------------------------------------------------- Dated this the 18th day of February, 2010 J U D G M E N T The issue in this writ petition is regarding the functioning of a small scale industrial unit run by the 2nd respondent for the preparation of food articles like curry power and other items. 2. Petitioner submits that when the Panchayat passed a resolution to grant licence in respect of curry powders, chilly powder, coconut oil etc; to the 2nd respondent, he filed an appeal against the said order and as the appeal was unsuccessful, he filed a revision before the Tribunal for Local Self Government Institutions as Revision Petition No.120/2008. That revision was disposed of by Ext.P1 order dated 21.4.2009 setting aside the decisions of the Panchayat for the reason that the permit was resolved to be granted without complying with Section 233 of the Panchayat Raj Act. 3. Subsequently, the 2nd respondent made an application to the Pollution Control Board for consent and also an application was made before the District Medical Officer for NOC. Both these were obtained and thereafter an application was made to the WPC.No. 19123/09 :2 : Panchayat for licence. Panchayat considered the matter and Ext.R2(n) is the decision that was taken, directing to grant licence in favour of the 2nd respondent. Against that decision, petitioner moved the Tribunal for Local Self Government by filing Revision petition No.77/2009. That revision was disposed of by Ext.R2(o) dated 8.10.2009 treating the revision as appeal and setting aside Ext.R2(n) decision dated 11.6.2009 and giving liberty to the 2nd respondent to file a proper application as provided in Rule 12 of the Kerala Panchayat Raj (Issue of License to Dangerous and Offensive Trades and Factories) Rules, 1996. 4. The second respondent submits that in pursuance thereof, he submitted a fresh application, the receipt of which is acknowledged by the Panchayat by Ext.R2(p). This application is still pending before the Panchayat and a final decision in the mater is not taken, which according to the 2nd respondent is for the reason that in the meanwhile petitioner filed writ petition complaining that the Panchayat is not taking any action based on Ext.P1 order of the Tribunal in Revision petition No.120/08. It is in these circumstances, the 2nd respondent brought up the case for orders and the matter was heard at length. WPC.No. 19123/09 :3 : 5. A survey of the background facts noticed as above, shows that in Ext.R2(o) order passed by the Tribunal in R.P.No.77/2009, second respondent was given liberty to file a proper application which is stated to have been done by him as is seen from Ext.R1(p). If that be the position, it is for the Panchayat to take final decision in the matter, duly adverting to the documents produced and with notice to the petitioner and the 2nd respondent. Therefore, the writ petition is disposed of directing the first respondent to consider and pass orders on the application made by the 2nd respondent for License, which is acknowledged by Ext.R2(p). This shall be done with notice to the petitioner and 2nd respondent, as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of the judgment. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 19123/09 :4 :