IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 WP(C).No. 14714 of 2011(L) ------------------------- PETITIONER : -------------------- C.M.DANIEL, CHARUVILLAPUTHENVEEDU (KUTTIYIL), CHADANAPALLY P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.A.K.ALEX RESPONDENT(S): ------------------------- 1. C.M.GEORGE, JYOTHI BHAVAN, CHADANAPALLY P.O., PATHANAMTHITTA DISTRICT - 689 645. 2. JOHNS GEORGE, JYOTHI BHAVAN, CHADANAPALLY P.O., PATHANAMTHITTA DISTRICT - 689 645. 3. THE DISTRICT COLLECTOR, PATHANAMTHITTA P.O., PATHANAMTHITTA - 689 641. 4. DISTRICT INDUSTRIAL CENTRE, KOZHENCHERRY, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS GENERAL MANAGER, DISTRICT INDUSTRIAL CENTRE, KOZHENCHERRY P.O., PATHANAMTHITTA DISTRICT - 689 641. 5. KODUMON PANCHAYATH REPRESENTED BY ITS SECRETARY, KODUMON PANCHAYATH, KODUMON P.O., ADOOR TALUK, PATHANAMTHITTA DISTRICT - 689 645. 6. POLLUTION CONTROL BOARD, PATHANAMTHITTA, REPRESENTED BY ITS ENVIORNMENTAL ENGINEER, POLLUTION CONTROL BOARD, DISTRICT OFFICE, MAKKAMKUNNU, PATHANAMTHITTA DISTRICT-689 645. 7. DISTRICT MEDICAL OFFICER (HEALTH), COLLECTORATE BUILDING, PATHANAMTHITTA P.O. - 689645, ...2/- WP(C).No. 14714 of 2011(L) -2- 8. REVENUE DIVISIONAL OFFICER, ADOOR, PATHANAMTHITTA DISTRICT - 689 645. R1 & R2 BY ADVS. SRI.C.C.THOMAS, SENIOR ADVOCATE SRI.NIREESH MATHEW SRI.SAJI SANKARAN NAIR SRI.RANJITH JACOB KOSHY SRI.M.G.KARTHIKEYAN R3, R4, R7 & R8 BY GOVT. PLEADER SRI. P.N. SANTHOSH R5 BY ADVS. SRI.GEORGE VARGHESE (PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP R6 BY ADV. SRI.M.K.CHANDRAMOHAN DAS, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2011, ALONG WITH WP(C) NO. 20171/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/- WP(C).No. 14714 of 2011(L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE REPRESENTATION DATED 19-3-2001 SENT TO THE 3RD RESPONDENT. EXT.P2 : COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER AND OTHER RESIDENTS OF THE LOCALITY TO THE 4TH RESPONDENT. EXT.P3 : COPY OF THE REPRESENTATION SENT BY PETITIONER AND OTHER RESIDENTS OF THE LOCALITY TO THE 5TH RESPONDENT. EXT.P4 : COPY OF THE REPRESENTATION SENT BY PETITIONER TO 6TH RESPONDENT SIGNED BY OTHERS OF THE LOCALITY. EXT.P5 : COPY OF THE REPRESENTATION SENT BY PETITIONER TO THE 7TH RESPONDENT. EXT.P6 : COPY OF THE REPRESENTATION SENT BY PETITIONER TO THE 8TH RESPONDENT. EXT.P7 : COPY OF THE APPLICATION SUBMITTED BY THE SMT. THANKAMMA JOSEPH, KUTTIYIL THEKKEVILAYIL TO THE 5TH RESPONDENT UNDER THE RIGHT TO INFORMATION ACT. EXT.P8 : COPY OF THE REPLY DATED 18-5-2011 SENT BY 5TH RESPONDENT TO SMT. THANKAMMA JOSEPH, 12TH SIGNATORY IN EXT.P3. EXT.P9 : COPY OF THE SKETCH SUBMITTED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS & ANNEXURE'S: ANNEXURE A-1 : COPY OF THE NOTICE NO. C71326/11 DATED 19.3.2011 ISSUED BY THE 5TH RESPONDENT. //TRUE COPY// P.A. TO JUDGE Mn P.R. RAMACHANDRA MENON, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C) No.14714 OF 2011 & W.P.(C) No.20171 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of July, 2011 J U D G M E N T Since the issues involved in both these cases are closely connected, they have been heard together. 2. The 2nd respondent in W.P.C. 14714/2011 is the petitioner in W.P.(C).20171/2011. The writ petitioner in W.P.(C). 14714/2011 included in the party array as 7th respondent in WP(C) No.20171/2011. The prayer in WP(C) 20171/2011 is to direct the respondents 1 and 2 to consider and pass appropriate orders on Ext.P1, in the light of Ext.P2 to P7 which are the licenses and such other clearance issued by the concerned authorities for enabling the petitioner to start an industrial unit for manufacturing cement hollow bricks; while the main prayer in the other writ petition (WP(C) 14714/2011) is to stall such operation, for the reason stated therein. 3. The learned counsel for the petitioner in W.P.(C). 20171/2011 submits that the petitioner has obtained all the requisite WPC.Nos.14714 of 2011 & 20171/2011 : 2 : clearance of the statutory authorities including the Pollution Control Board for starting the unit; which however is rebutted by the petitioner in WP(C) 14714/2011. The learned counsel for the Panchayat submits that the Panchayat, on receipt of Ext.P3 representation preferred by the petitioner in W.P.C. 14714/2011, has issued a notice dated 19.3.2011 to stop all the operations; a copy of which has been produced as Annexure 1, along with the statement 28.7.2011 filed in WP(C) 14714/2011. 4. After hearing all concerned, including the learned Govt. Pleader, this Court finds that the matter can be disposed of directing the respondents 1 and 2 to consider and pass Ext.P1 giving an opportunity of hearing to all the parties concerned. Accordingly, the respondents 1 and 2 are directed to consider Ext.P1 in W.P.(C). 20171/2011 and pass appropriate orders in accordance with law; after hearing all the parties concerned including the petitioner in W.P.(C) 14714/2011. The proceedings shall be finalised as above as expeditiously as possible, at any rate, within two months from the date of production of a copy of this judgment. Operation of the unit WPC.Nos.14714 of 2011 & 20171/2011 : 3 : shall commence only on obtaining favourable orders in this regard. (P.R. RAMACHANDRA MENON, JUDGE) kp