IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WA.No. 662 of 2009 ------------------------------- AGAINST THE JUDGEMENT IN WPC.7610/2009 Dated 11/03/2009 .................... APPELLANT/PETITIONER ------------------------------------ THOMAS P.KURIAKOSE, MANAGING PARTNER,M/S.PARAYIL GRANULAR INDUSTRIES, PERUMBAIKADU P.O.,KOTTAYAM-686 028. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. KUMARANALLOOR GRAMA PANCHAYAT, REP.BY ITS SECRETARY, OFFICE OF THE KUMARANALLOOR GRAMA PANCHAYAT, KUMARANALLOOR P.O.,KOTTAYAM DISTRICT. 2. THE SECRETARY, KUMARANALLOOR GRAMA PANCHAYAT, KUMARANALLOOR P.O.,KOTTAYAM DISTRICT. 3. KERALA STATE POLLUTION CONTROL BOARD, REP.BY ITS MEMBER SECRETARY, PATTOM,THIRUVANANTHAPURAM. 4. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,ST.ANTONY'S COMPLEX, NAGAMPADOM,KOTTAYAM-1. R3 & R4 BY STANDING COUNSEL SRI.M.K.CHANDRAMOHAN DAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No. 662 of 2009 ------------------------------------------ Dated, this the 25th day of March, 2009 JUDGMENT S.R.Bannurmath, C.J. The appellant/writ petitioner is aggrieved by the order of the learned Single Judge dated 11th March, 2009 rejecting the writ petition in which Ext.P4, the direction issued by the Kumaranalloor Grama Panchayat directing the appellant to stop the activities of manufacture of bricks in his kiln, is challenged. 2. The learned Single Judge noting that as no consent of the Pollution Control Board was obtained by the appellant, dismissed the writ petition as devoid of merits. It is now submitted that the appellant has in fact filed an application on 9.3.2009 before the Pollution Control Board seeking appropriate consent which is pending enquiry. 3. In view of the filing of the application dated 9.3.2009 it would be just and proper to direct the Pollution Control W.A. No. 662 of 2009 - 2 - Board to consider and dispose of the same within three weeks from the date of production of a copy of this judgment and thereafter based on the report, it is open for the second respondent Grama Panchayat to take appropriate action. Writ petition is disposed of as above. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns