IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 9189 of 2009(P) ------------------------------------- PETITIONER: ------------------- K.A.PAREETH PILLAI, S/O LATE ABDUL RAHMAN, THOTTATHIL VEEDU, MATTUMMAL ROAD, THAIKKATTUKARA P.O., ALUVA-683 016, ERNAKULAM DISTRICT. BY ADVS. MR.NAGARAJ NARAYANAN, MR.SAIJO HASSAN, MR.A.S.SABU, MR.RAJAN VELLOTH, MR.RAFEEK. V.K, MR.PRATHAP PILLAI. RESPONDENTS: ------------------------ 1. CHOORNNIKKARA GRAMA PANCHAYATH, THAIKKATTUKARA, ALUVA, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. 2. KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS CHIEF ENVIRONMENTAL ENGINEER, REGIONAL OFFICE, GANDHI NAGAR, ERNAKULAM. 3. T.A.ABDUL RASHEED, THERUVIL VEEDU, THAIKKATTUKARA, ALUVA, ERNAKULAM DISTRICT. R1 BY ADV. MR.P.T.JOSE, R2 BY MR. M.K. CHANDRAMOHAN DAS, S.C, R3 BY ADV. MR.K.N.CHANDRABABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.9189/2009-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE R.1. DTD. 11/03/2009. EXT.P.2: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE R.2. DTD. 11/03/2009. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE REPORT FILED BY THE R.2. EXT.R3.A: COPY OF THE COMMUNICATION NO. PCB/EKM/CC-82/09 DTD. 23/03/2009 WAS ISSUED BY THE R.2. EXT.R3.B: COPY OF THE REPLY DTD. 30/03/2009 SUBMITTED BY THE R.3. EXT.R3.C: COPY OF THE NOTICE NO. PCB/EKM/CC-82/09 DTD. 19/05/2009 ISSUED BY THE R.2. EXT.R3.D: COPY OF THE REPLY DTD. 02/06/2009 SUBMITTED BY THE R.3. EXT.R3.E: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DTD. 16/06/2009 SUBMITTED BEFORE THE R.2. EXT.R3.F: COPY OF THE LICENSE NO. A3 62/2009-10 DTD. 01/04/2009 ISSUED BY THE R.1. TO THE OWNER OF THE ABOVE UNIT. EXT.R3.G: COPY OF THE COMMUNICATION NO. PCB/EKM/DO/GENERAL-174/2006 DTD. 01/07/2009 ISSUED BY THE PUBLIC INFORMATION OFFICER. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.9189 of 2009-P = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 29th day of September, 2009. JUDGMENT This writ petition is filed on the allegation that the second respondent PCB is not taking any action on Ext.P2 representation and the first respondent Grama Panchayat is not taking any action on Ext.P1. The allegation is that the third respondent is carrying out an activity in violation of the pollution control norms. The bunch of materials produced by the third respondent as Exts.R3(a) to R3(g) abundantly show that the third respondent has been issued appropriate permit and that the activity is being carried on without violating pollution control norms. In particular, reference can be made to Ext.R3(g) which categorically states that there is no polluting activity. If the petitioner is aggrieved by the grant of clearance by the PCB WPC9189/09 -: 2 :- authorities, it is for him to pursue appellate remedies against that. The third respondent is also shown to have been issued appropriate licence by the Grama Panchayat. Under such circumstances, no orders are called for in this writ petition. The writ petition is dismissed. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/031009