IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 20186 of 2003(C) --------------------------------------- PETITIONER: ------------------- K.Y.IBRAHIM, YOU PEE SONS PLY INDUSTRIES, BUIILDING NO.1/572, MINIKKAVALA, WEST VENGOLA. BY MR.K.RAMAKUMAR, SENIOR ADVOCATE, ADV. MR.P.K.MEETHIAN KUNJU. RESPONDENTS: ------------------------ 1. VENGOLA GRAMA PANCHAYAT(SPECIAL GRADE), VENGOLA P.O., ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. 2. SRI.K.H.KUNJABDULLA, MEMBER, WARD NO.18, VENGOLA PANCHAYATH, RESIDING AT KALAPPOTHAN HOUSE, PONJASSERY P.O., PERUMBAVOOR. *ADDL.R3 IMPLEADED: 3. ASHA BEEVI, AGED 33 YEARS, W/O. LATE ABOOBACKER, MUNDYATH, THEKKEVEEDU, WEST VENGOLA, PERUMBAVOOR. *IS IMPLEADED VIDE ORDER DT. 13/01/04 IN I.A. 11136/03. R1 BY MR.P.JACOB VARGHESE, SENIOR ADVOCATE, ADV. MR. M.K.CHANDRAMOHAN DAS, S.C, R2 BY ADV. MR.K.A.MANZOOR ALI, R3 BY ADVS. SMT.AYSHA YOUSEFF, SMT.MOLLY JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20186/2003-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LICENCE NO. A/145/2003-2004 DT. 23/05/2003 ISSUED BY R.1. TO THE PETITIONER. EXT.P.1.A: COPY OF THE LICENCE NO. A/145/2003-2004 DT. 23/05/2003 ISSUED BY R1 TO THE PETITIONER . EXT.P.2: COPY OF THE CONSENT NO.PCB/CE/EK/324/2001 DT. 25/07/2001 BY THE KERALA STATE POLLUTION CONTROL BOARD. EXT.P.3: COPY OF THE ORDER IN C.M.P. 23519/2003 IN O.P. NO. 13938/2003 DT. 22/05/2003. EXT.P.4: COPY OF THE NOTICE NO. A2369/2003 DT. 03/06/2003 ISSUED BY R.1. TO THE PETITIONER. EXT.P.5: COPY OF THE ANSWER SUBMITTED BY THE PETITIONER ON 07/06/2003. EXT.P.6: COPY OF THE RESOLUTION NO. II (S) DT. 13/06/2003 BY THE COMMITTEE OF R1 PANCHAYAT. EXT.P.7: COPY OF THE COMMUNICATION NO. A.369/03 DT. 23/06/2003 BY R.1. TO THE PETITIONER. RESPONDENTS' EXHIBITS: EXT.R(A): COPY OF THE REPORT DTD. 25/10/2006. EXT.R(B): COPY OF THE DIRECTION ISSUED TO THE WRIT PETITIONER DTD. 30/11/06. EXT.R1.A: COPY OF THE APPLICATION FOR INSTALLATION PERMISSION SUBMITTED BY THE PETITIONER. EXT.R1.B: COPY OF THE PROPOSED PLAN SUBMITTED ALON GWITH EXT.R1.A. EXT.R1.C: COPY OF THE INSTALLATION PERMISSION GRANTED TO THE PETITIONER DTD. 17/04/2001. EXT.R1.D: COPY OF THE COMPLAINT RECEIVED FROM SRI. M.A. BAVA DTD. 29/05/03. EXT.R1.E: COPY OF THE REPORT OF ENQUIRY SUBMITTED TO THE PANCHAYAT. EXT.R1.F: COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DTD. 05/10/02. EXT.R1.G: COPY OF THE REQUEST SUBMITTED BY THE PETITIONER FOR ISSUING LICENSE FOR OPERATION OF THE INDUSTRY AND THE REPORT ENDORSED THEREON. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 20186 OF 2003 ............................................ DATED THIS THE 1ST DAY OF JULY, 2009 JUDGMENT This writ petition is filed seeking to quash the orders issued by the panchayat interfering with the activity of the petitioner in running an establishment. 2. After hearing the parties on different occasions, it appears that this court had issued directions to the Pollution Control Board to inspect the premises and to file report. 3. The inspection resulted in certain directions being issued by the Board to the petitioner. With the passage of time, it is reported by the Chief Environmental Engineer that the premises of the petitioner was again inspected and it is noticed that the processing plant is fully enclosed in three sides and that the combined Chimney of Thermic Fluid Heater and boiler are at a height of 30 metres above the ground level. The said report unequivocally show that there is no situation warranting the continuance of the impugned orders. Accordingly, the impugned orders are quashed and the writ petition is allowed. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/2/7