IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 WP(C).No. 33392 of 2007(A) -------------------------- PETITIONER: ------------ S.HARISHARMA,PROPRIETOR,MODERN WOOD PRODUCTS,CHANDUMOOLA,MALAYINKIL P.O, THIRUVANANTHAPURAM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS: ------------- 1. MALAYINKIL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY,THIRUVANANTHAPURAM- 695571. 2. THE ENVIRONMENTAL ENGINEER, KERALA POLLUTION CONTROL BOARD,DISTRICT OFFICE, SASTHAMANGALAM,THIRUVANANTHAPURAM-10. 3. THE DIVISIONAL FOREST OFFICER, VAZHUTHACAUD,THIRUVANANTHAPURAM. 4. STATE OF KERALA REPRESENTED BY SECRETARY,LOCAL SELF GOVERNEMNT DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 5. MEMBER SECRETARY, CENTRAL EMPOWERED COMMITTEE CONSTITUTED BY THE HON'BLE SUPREME COURT OF INDIA, ROOM NO.106, PARAYAVARAM BHAVAN, CGO COMPLEX, LODHI ROAD, NEW DELHI – 3. (ADDL. R5 IS IMPLEADED AS PER ORDER IN I.A. 1600/2007 DATED 3.12.2007) BY S.C. SRI.CHANDRAMOHAN DAS BY ADV. SRI.G.V.SUDHEER KUMAR SRI.BIJU HARIHARAN SMT.G.S.ANITHA SPL. G.P. SRI.SRI.RANJITH THAMBAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 33392 of 2007 ---------------------------------- Dated this the 17th day of March , 2008 JUDGMENT Sri.Biju Hariharan, the learned standing counsel appearing for the first respondent Panchayat seeks time. However, since it is seen that Ext.P8 application has been submitted by the petitioner before the additional fifth respondent – Central Empowered Committee constituted by the Supreme Court, I am of the view that the Writ Petition can be disposed of without going to the merits of the various grounds raised by directing the additional fifth respondent to take decision on Ext.P8. Accordingly, I dispose of this Writ Petition issuing the following directions; The additional fifth respondent is directed to issue hearing notice to the petitioner as well as to the first respondent Panchayat, consider Ext.P8 in the light of the various grounds raised in the writ petition and the submissions which may be WPC No.33392/2007 2 addressed during hearing and take an early decision on Ext.P8. Decision, as directed above, shall be taken by the additional fifth respondent at the earliest and at any rate within four months of receiving a copy of this judgment together with copy of this writ petition. PIUS C. KURIAKOSE, JUDGE. dpk