IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WP(C).No. 16318 of 2008(P) -------------------------- PETITIONER: -------------- P.ABDUL MAJEED, S/O.ABDUL RAHMAN, POOLADAN HOUSE, MARAKKALAM KUNNU, WANDOOR, MALAPPURAM DISTRICT PIN: 679 328. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS: ----------------- 1. WANDOOR GRAMA PANCHAYATH COMMITTEE WANDOOR P.O., MALAPPURAM DISTRICT. 2. WANDOOR GRAMA PANCHAYAT, WANDOOR P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. 3. HEALTH OFFICER, COMMUNITY HEALTH CENTRE, WANDOOR, MALAPPURAM DISTRICT. 4. THE ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, 19/269 A, PERINTHALMANNA ROAD, UPHILL P.O. MALAPPURAM. 5. THE CHIEF ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, NORTHERN REGIONAL OFFICE, HOUSING BOARD OFFICE COMPLEX, CHAKORATHUKULAM, KOZHIKODE. 6. AYISHA, D/O.HAIDURU, VALLIYOOR MADAM, MARAKKALAM KUNNU, WANDOOR, MALAPPURAM DISTRICT. 7. SANOJ, S/O.SHAMSUDEEN, MARAKKALAM KUNNU, WANDOOR, MALAPPURAM DISTRICT. BY ADV. SRI.A.SUDHI VASUDEVAN, SC PCB FOR R4 & 5 SRI.M.K.CHANDRAMOHAN DAS, SC, PCB GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 16318 OF 2008 P ==================== Dated this the 2nd day of June, 2008 J U D G M E N T Petitioner is objecting to the establishment of a poultry farm in his neighbourhood. It is stated by the petitioner that respondents 6 and 7 had applied for a licence and the petitioner had objected to the grant. Thereupon, according to him, after hearing the applicants and the petitioner, the Secretary of the Panchayat issued Ext.P9 proceedings declining the application made by respondents 6 and 7. Petitioner submits that against Ext.P9, the respondents 6 and 7 had filed appeal to the Panchayat Committee and before the Appellate Committee the petitioner has filed Ext.P10 objection. Now this writ petition is filed based on the apprehension that the Appellate Committee might proceed to hear the appellants and pass final orders adverse to the petitioner ignoring Ext.P10 objection. 2. If as stated by the petitioner before Ext.P9 order was passed by the Secretary he too was heard, Appellate Committee necessarily has to consider his objections also. Therefore, it is ordered that if orders have not been passed on the appeal filed against Ext.P9 so far, the Appellate WPC 16318/08 :2 : Committee should hear the petitioner also and consider Ext.P10 objection before final orders are passed on the appeal filed by respondents 6 and 7. 3. Writ petition is disposed of as above. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC,JUDGE. Rp