IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 498 of 2009(H) ------------------------ PETITIONER(S): --------------- 1. FININ E.P., S/O.PRIYAVRATHAN ERANEZATH KIZHAKKOOTTAYIL HOUSE, THALIKULAM PO., THRISSUR. 2. LATHA PRABHULLACHANDRAN, PANDARAN VEEDU HOUSE, THALIKULAM PO., THRISSUR. BY ADV. SRI.K.I.SAGEER IBRAHIM RESPONDENT(S): --------------- 1. THALIKULAM GRAMA PANCHAYATH, REP. BY ITS SECRETARY, THALIKULAM, THRISSUR. 2. THE DISTRICT ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTIN CONTROL BOARD, POONKUNNAM, THRISSUR. 3. THE HEALTH OFFICER, THALIKULAM PUBLIC HEALTH CENTRE, THALIKULAM PO., THRISSUR. 4. SOBHANAKUMAR, S/O.MADHAVAN, THUNDIYIL. 5.THE DISTRICT MEDICAL OFFICER, THRISSUR. *ADDL.R6. SHERI E.V., AGED 35 YEARS, S/O.E.K.VISWAMBARAN, ERANAYATH HOUSE, THALIKULAM.P.O., THRISSUR DISTRICT. *(ADDITIONAL 6TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 09/02/2009 IN I.A.NO.903/2009) ADV. SRI.RAJIT FOR ADDL.R6 SRI.M.K.CHANDRA MOHANDAS FOR R2 MR.V.MANU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.498/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF REPRESENTATION BEFORE THE 1ST RESPONDENT DATED 08/12/2008 SUBMITTED BY THE PETITIONERS. P2 : COPY OF REPRESENTATION BEFORE THE 2ND RESPONDENT, DATED 08/12/2008 SUBMITTED BY THE PETITIONERS. P3 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS R2-A : COPY OF THE REPORT DATED 28/03/2009 SUBMITTED BY R2. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.498 of 2009 (H) --------------------------------- Dated, this the 27th day of January, 2010 J U D G M E N T The petitioners' apprehension is that an automobile workshop cum service station is going to be started by the 4 th respondent herein without obtaining licence from the Panchayat, consent from the Pollution Control Board and No Objection Certificate from the District Medical Officer. 2. The additional 6 th respondent, who got impleaded in the writ petition, states that the 4 th respondent is presently abroad and that the 4 th respondent, himself and another person by name Justin.K.F. are the partners and he and Mr.Justine are carrying out the affairs of the partnership firm/business. It is stated that the partnership had firm applied to the Panchayat for a licence and according to the learned counsel, the Panchayat has already issued licence. 3. However, the learned counsel has not made any submission regarding the consent obtained from the Pollution WP(C) No.498/2009 -2- Control Board or No Objection Certificate from the District Medical Officer. On the other hand, from the report submitted by the Environmental Engineer on 28/03/2009 what is disclosed is that they have inspected the site and found that the site is not suitable for establishment of the workshop. In the light of the above, as at present, it does not appear that the additional 6th respondent has obtained any consent from the Board, without which the workshop or service station cannot be operated. Therefore, this writ petition is disposed of clarifying that the 4th respondent or the additional 6th respondent shall not commence the automobile workshop cum service station without obtaining consent and other clearances from the statutory authorities. It is made clear that in case the workshop is started without such clearances, it will be open to the petitioners to bring it to the notice of the 1st respondent in which event, the 1st respondent shall take appropriate action in the matter. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg