IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 WP(C).No. 26011 of 2010(B) -------------------------- PETITIONER(S): --------------- M/S.MALABAR ISPAT PVT.LTD., BATTIPADAVU, KADAMBAR, P.O. MANJESWAR, KASARAGOD DIST-23 REP.BY ITS MANAGING DIRECTOR, K.M.ABOOBACKER, S/O. KUNHALAVI, AGED 55 YEARS. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): --------------- 1. MEENJA GRAMA PANCHAYAT, REP.BY ITS SECRETARY, MEENJA, MANJESWAR, KASARAGOD DISTRICT, PIN-671323. 2. MEENJA GRAMA PANCHAYAT COMMITTEE, REP. BY ITS PRESIDENT, OFFICE OF THE MENJA GRAMA PANCHAYAT, MEENJA, MANJESWAR, KASARAGOD DISTRICT,PIN-671323. 3. KERALA STATE POLLUTION CONTROL BOARD, REP.BY ITS MEMBER SECRETARY, PATTAM, THIRUVANANTHAPURAM- 695004. 4. THE CHIEF ENGINEER, KSEB, DISTRIBUTION NORTH,KOZHIKODE -11. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R3 & 4 SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOAR FOR R3 SRI.M.SASINDRAN FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26011 of 2010 A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE APPLICATION DATED 27/1/2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P2 TRUE COPY OF THE REQUEST BEARING NO.B1-579/2010 DATED 04/03/2010 OF THE 1ST RESPONDENT. EXT.P3 TRUE COPY OF THE PROCEDING NO.D1-3979/2010/D.DIS DATED 04/05/2010 OF THE CHIEF TOWN PLANNER THIRUVANANTHAPURAM. EXT.P4 TRUE COPY OF THE PROCEEDING NO.PCB/RO/KSRD/ICE/03/2010 DATED 27/03/2010 OF THE 3RD RESPONDENT. EXT.P4(a) TRUE COPY OF THE CERTIFICATE OF INCORPORATION DATED 08/06/2009 ISSUED BY THE ASSISTANT REGISTRAR OF COMPANIES, KERALA AND LAKSHADWEEP. EXT.P5 TRUE COPY OF THE PROCEEDING DATED 29/05/2009 OF THE 4TH RESPONDENT. EXT.P5(a) TRUE COPY OF THE NOC NO.A-1873/10 DATED 09/06/2010 OF THE ASSISTANT DIVISIONAL OFFICER, FIRE & RESCUE SERVICES, KASARAGOD. EXT.P6 TRUE COPY OF THE RESOLUTION NO.66/2010 DATED 01/06/2010 PASSED BY THE 2ND RESPONDENT. EXT.P6(a) TRUE COPY OF THE RESOLUTION NO.66/2010 DATED 01/06/2010 PASSED BY THE 2ND RESPONDENT. EXT.P7 TRUE COPY OF THE REPRESENTATION DATED 16/07/2010 FILED BY THE PETITIONER BEFORE THE PRESIDENT OF THE 2ND RESPONDENT. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.26011/2010-B ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of November, 2010 J U D G M E N T The petitioner seeks for a direction to respondent Nos.1 and 2 not to interfere with the setting up of the petitioner Industry. It is an iron based industry and the petitioner submits that certain formalities have been completed already. But while so, by Ext.P6 resolution of the Panchayat, a decision was taken to reject the application. It is averred that the said decision is taken without hearing the petitioner and thereafter the petitioner has filed Ext.P7 representation before the Committee of the Panchayat seeking to reconsider the said resolution. 2. Heard the learned counsel for the Panchayat. It is submitted that a decision will be taken on Ext.P7 in accordance with law and communicated to the petitioner. In the light of the fact that W.P.(C).No.21438/2010 has been filed by certain persons in the locality alleging pollution in respect of the factory which is being run by the petitioner in W.P.(C).No.26011/2010 and as the said petitioner is seeking to establish a new unit under a different proprietorship, there will be a direction to the Panchayat to take a decision after hearing the petitioner W.P.(C). No.26011/2010 -:2:- in W.P.(C).No.26011/2010 and the petitioners in W.P.(C). No.21438/2010 within a period of two months. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms