IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 12738 of 2008(N) -------------------------- PETITIONER: ------------ 1. K.P.JOSE, KOTAPPILLIKUDY HOUSE, YORDHANAPURAM P.O, KALADY, ERNAKULAM DISTRICT. 2. JOSHY K.JOSEPH, KUNNEKKADAN HOUSE, YORDHANAPURAM P.O., KALADY, ERNAKULAM DISTRICT. 3. M.O.POULOSE, MENACHERRY HOUSE, YORDHANAPURAM P.O., KALADY, ERNAKULAM DISTRICT. 4. K.M.JOHNSON, KOTTACKAL HOUSE, YORDHANAPURAM P.O., KALADY ERNAKULAM DISTRICT. 5. BINU GEORGE, PUNNESSERRY HOUSE, YORDHANAPURAM P.O.,KALADY, ERNAKULAM DISTRICT. 6. M.V.THANKAPPAN, MANIPARAMBIL HOUSE, YORDHANAPURAM P.O., KALADY, ERNAKULAM DISTRICT. 7. K.T.AVARACHAN, KUNNEKKADAN HOUSE, YORDHANAPURAM P.O., KALADY, ERNAKULAM DISTRICT. BY ADV. SRI.WILSON URMESE SRI.K.M.SALIM RESPONDENTS: ------------- 1. KALADY GRAMA PANCHAYATH, REP.BY ITS SECRETARY, KALADY P.O,ERNAKULAM DISTRICT. 2. THE SENIOR ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, ERNAKULAM. 3. THE DISTRICT MEDICAL OFFICER, ERNAKULAM. 4. THE SUB INSPECTOR OF POLICE KALADY 5. AUGUSTINE, S/O POULO PALELI SIJU MODERN RICE MILL YORDHANAPURAM P.O. KALADY, ERNAKULAM DISTRICT PIN - 683 574 BY ADV.SRI.M.K.CHANDRAMOHAN DAS, SC. GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 12738 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of April, 2008 JUDGMENT Sri.M.K.Chandramohandas, standing counsel, takes notice on behalf of the second respondent. 2. I do not propose to go into the merits of the matter. Petitioners have submitted Ext.P1 representation raising objection to the proposed issuance of licence by the Panchayat in favour of the 5th respondent. I dispose of the writ petition issuing the following directions: The first respondent will take up the application for licence if any submitted by the 5th respondent and Ext.P1 representation submitted by the petitioners simultaneously ( if licence is not already issued in favour of the 5th respondent), hear a representative of the petitioners and the 5th respondent after holding all enquiries as are warranted in the circumstances and take a decision on the licence application and on Ext.P1. Decision as directed above shall be taken by the first WPC.No.12738/08 2 respondent at the earliest and at any rate within six weeks of receiving a copy of this judgment. Second respondent is also directed to hear a representative of the petitioners also before a decision is taken on the application for consent, if any filed by the 5th respondent and pending with the second respondent. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.12738/08 2