IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 18549 of 2009(K) -------------------------- PETITIONER(S): --------------- 1. SUNILKUMAR.S.,S/O.SURENDRAN NAIR, AGED 40 YEARS,MAYOORAM, SPW ROAD, THAIKKATTUKARA P.O. ALUVA. 2. MANOJ.H.RAO, S/O.HEMACHANDRA RAO, AGED 37 YEARS,SRIVALSAM,SPW ROAD, THAIKKATTUKARA P.O. ALUVA. BY ADV. SRI.C.A.CHACKO SRI.M.B.VIMALRAJ SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. CHOORNIKKARA GRAMA PANCHAYATH (SPECIAL GRADE),REPRESENTED BY SECRETARY, THAIKKATTUKARA P.O.ALUVA 683106 3. THE SECRETARY, CHOORNIKKARA GRAMA PANCHAYATH (SPECIAL GRADE), THAIKKATTUKARA P.O.,ALUVA 683106. 4. T.R.VISWAMBARAN, BROTHERS'HARDWARE AGENCIES, DESABHIMANI JUNCTION, KALOOR, KOCHI -17. 5. JOSE,INCHARGE OF GO DOWN OF DALMIA CEMENTS (BHARAT)LTD.,3/155C,SPW ROAD, THAIKKATTUKARA P.O. ALUVA. WPC.18549/09 2 6. BABU IN CAHARGE OF GO DOWN OF UTRA TECH CEMENTS,3/155C,SPW ROAD,THAIKKATTUKARA P.O.,ALUVA ADDL.7. ALUVA MEKHALA UNIT OF ERNAKULAM DISTRICT HEADLOAD AND GENERAL WORKERS UNION (CITU), REG.NO.388/74, SPW UNIT, COMPANY PADY, CHOORNIKKARA, ALUVA. (ADDL.R7 IS IMPLEADED VIDE ORDER DATED 23.9.09 ON I.A.NO.8457/09) R1 BY GOVT. PLEADER SRI.V.MANU. R2, R3 BY ADV. SRI.P.T.JOSE R4 BY ADV. SRI.PAULSON C.VARGHESE R5 BY ADV. SRI.R.PADMARAJ SRI.BIJU HARIHARAN SRI.N.P.SETHU R7 BY ADV.SRI.A.MOHAMED MUSTAQUE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.18549/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE COMPLAINT DATED 16.12.08 MADE BEFORE THE THIRD RESPONDENT. EXT.P2: TRUE COPY OF LETTER DATED 2.6.09 ISSUED BY THE 3RD RESPONDENT. EXT.P3: TRUE COPY OF LETTER DATED 23.4.09 ISSUED BY MEDICAL OFFICER IN CHARGE TO 3RD RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R5(a): TRUE PHOTOCOPY OF THE LICENCE NO.A3-114/08-09 DATED 5.5.08 ISSUED BY CHOORNIKKARA GRAMA PANCHAYAT. EXT.R5(b): PHOTOCOPY OF THE RECEIPT ISSUED BY CHOORNIKKARA GRAMA PANCHAYAT. EXT.R5(c): TRUE COPY OF LETTER DATED 27.2.09 ISSUED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.18549 OF 2009 ------------------------------------------- Dated this the 22nd day of October, 2009 JUDGMENT The petitioners complain that respondents 5 and 6 are carrying on the activities of a cement godown in a building belonging to the 4th respondent without due licence from respondents 2 and 3 and also in violation of the laws and ultimately resulting in depriving the citizens of pollution free air and surroundings. It is on record that the third respondent had issued Ext.R3(a) licence and also Ext.P2, whereby 13 directions were issued for compliance. Learned counsel for the 5th respondent states that the directions issued in Ext.P2 are being complied with. The counsel for the panchayat states that it had issued stop memo. This means that the petitioners and respondents 4 to 6 are to be heard by the panchayat secretary and appropriate decision taken to ensure that the godown is run only in accordance with law, without in any manner impairing the pollution control norms. The additional 7th respondent, being WPC.18549/09 Page numbers only a body of workers, need not be heard by the panchayat. Leaving open all other issues, it is directed that the parties will be heard by the secretary of the panchayat within a period of three weeks and a decision rendered within five weeks from now, stating reasons thereon, so that, if any person is aggrieved by it, the same could be challenged before the competent statutory body. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.24/10.