IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 19360 of 2011(T) --------------------------------- PETITIONER(S): ------------------- DR.ROBINS, PROPRIETOR, DR.ROBINS HOSPITAL, EDAPPALLIKKOTTA, PANMANA, KARUNAGAPPALLI, KOLLAM. BY ADVS. SRI.M.R.ANISON SMT.K.P.GEETHA MANI SMT.P.A.RINUSA RESPONDENT(S): -------------------- 1. THE AIR APPELLATE AUTHORITY, POOJAPURAM, TRIVANDRUM - 695 001. 2. THE KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS SECRETARY, PLAMOODU, PATTOM, TRIVANDRUM - 695 001. 3. PANMANA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PANMANA GRAMA PANCHAYAT, KARUNAGAPPALLY, KOLLAM-691583. 4. LISSY JAYAMON, KALLUKURUKUTTIYIL, SOUTH MYNAGAPPALLY MURI, MYNAGAPPALLY, KARNAGAPPALLY, KOLLAM - 691 583. R-2 BY ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,POLL.C.BOAR R3 BY ADVS. SRI.V.G.ARUN SRI.T.R.HARIKUMAR R4 BY ADV. SRI.B.KRISHNA MANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.19360/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CONSENT LETTER TO ESTABLISH THE FACTORY TO THE 4TH RESPONDENT DATED 08/07/2010. P2: COPY OF THE APPEAL NO.2/2011 FILED BY THE PETITIONER ON 23/02/2011. P3: COPY OF THE COMPLAINT FILED BEFORE THE STANDING COMMITTEE OF THE 3RD RESPONDENT PANCHAYATH ON 03/09/2010. P4: COPY OF THE REPRESENTATION FILED BY THE PETITINER BEFORE THE HONOURABLE CHIEF MINISTER DATED 03/09/2010. P5: COPY OF THE COVEAT O.P. NO.57/2010 FILED BY THE 4TH RESPONDENT. P6: COPY OF REPRESENTATION DATED BY THE PETITIONER BEFORE THE SECRETARY O LOCAL SELF GOVERNMENT DEPARTMENT. P7: COPY OF THE APPLICATION DATED 30/05/2011 FILED BY THE PETITIONER. P8: COPY OF THE PROVISIONS OF THE NOISE POLLUTION (REGULATION AND CONTROL) RULE 2000, 100 METERS AROUND HOSPITAL IS SILENT ZONE. P9: COPY OF THE CERTIFICATE ISSUED BY THE LABORATORY DATED 23/12/2010. P10: COPY OF THE JUDGMENT DATED 08/04/2011 IN WPC. NO.11404/2011. P11: COPY OF THE LETTER DATED 13/07/2011 ISSUED BY THE 4TH RESPONDENT. P12: COPY OF THE APPLICATION FORM OF KERELA STATE POLLUTION CONTROL BOARD. P13: COPY OF THE LETTER DATED 07/12/2010 ISSUED BY THE ENVIRONMENTAL ENGINEER TO THE DISTRICT COLLECTOR. P14: COPY OF THE APPEAL NO.14/2011 FILED BY THE PETITIONER BEFORE THE APPELLATE AUTHORITY DATED 22/08/2011. svs .........2/-... ...2... WPC. NO.19360/2011 P14(a):COPY OF THE I.A. NO.24/2011 FILED BY THE PETITIONER BEFORE THE APPELLATE AUTHORITY DATED 22/08/2011. RESPONDENT'S EXHIBITS: R3(a):COPY OF THE NOTICE NO.P2-9707/011 DATED 03/08/2011. R3(b):COPY OF THE NOTICE NO.P2-9764/011 DATED 04/08/2011. R3(c):COPY OF THE INTEGRATED CONSENT TO OPERATE ISSUED BY THE POLLUTION CONTROL BOARD DATED 06/08/2011. R4(a):COPY OF THE COMPLAINT NUMBER 1278/2011 FILED BY THE PETITIONER IN THE WRIT PETITION BEFORE THE LOK AYUKTA, THIRUVANANTHAPURAM DATED 06/07/2011. R4(b):COPY OF THE PROCEEDINGS IN I.A. NO.827/2011 COMPLAINT NUMBER 1278/2011 FILED BY THE PETITIONER IN THE WRIT PETITION BEFORE THE LOK AYUKTA, THIRUVANANTHAPURAM DATED 06/07/2011. R4(c):COPY OF THE SUMMONS DATED 14/07/2011 IN I.A. NO.827/2011 COMPLAINT NUMBER 1278/2011 FILED BY THE PETITIONER IN THE WRIT PETITION BEFORE THE LOK AYUKTA, THIRUVANANTHAPURAM. R4(d):COPY OF THE PROCEEDING DATED 06/08/2011 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD. /TRUE COPY/ P.A. TO JUDGE. svs C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.19360 of 2011 ---------------------------- Dated 26th September, 2011 JUDGMENT Heard the learned counsel on both sides and also the learned Government Pleader, learned standing counsel appearing for the second respondent and the learned standing counsel for the third respondent. 2. In view of the order I propose to pass in this writ petition, I do not think it necessary to narrate the facts in detail. The petitioner is aggrieved by the consent to establish and consent to operate granted to the 4th respondent in respect of a hollow brick factory named, Bipin Hollow Bricks. Against the consent to establish granted by the second respondent the petitioner has preferred Ext.P2 appeal and against the consent to operate the petitioner has preferred Ext.P14 appeal. Ext.P14 (a) is a stay petition filed along with Ext.P14 appeal. Admittedly, Exts.P2, P14 and P14(a) are pending before the first respondent. In the said circumstances, without making any observation as to the merits of the contentions, this writ petition is disposed of with a direction to the first respondent to consider and dispose of Exts.P2 & P14 appeals and P14(a) stay petition, in accordance with law. Needless to say that before taking up Exts.P2, P14 and P14(a) for consideration the WP(C).No.19360/2011 2 petitioner and respondents 2 to 4 shall also be put on notice. This shall be done expeditiously, at any rate, within a period of two months from today. Sd/- C.T.RAVIKUMAR Judge TKS