IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 22ND OCTOBER 2007 / 30TH ASWINA 1929 WP(C).No. 31166 of 2007(I) -------------------------- PETITIONER: ------------ K.K. BAIJU, KOLENCHERRY, SUPER LION INDUSTRIES, PERINGAZHA, PERUMBALLORE, MUVATTUPUZHA. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENTS: ------------- 1. ARAKKUZHA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, ARAKKUZHA P.O., VIA. MUVATTUPUZHA, ERNAKULAM DISTRICT,PIN-686672. 2. THE SENIOR ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, GANDHI NAGAR, ERNAKULAM. BY S.C. SRI.K.K. THULASI BAIJU S.C. SRI.M.K.CHANDRAMOHAN DAS G.P. SRI.MUHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 31166 of 2007 ---------------------------------- Dated this the 22nd day of October , 2007 JUDGMENT Standing Counsel Smt.K.K.Tulasi Bai takes notice for the 2nd respondent. In the nature of the order which is being passed by me, my opinion is that it is not necessary to issue the Panchayat with notice. The grievance of the petitioner, an entrepreneur running a Tread Rubber Unit, is that the Panchayat has issued a stop memo against running of the factory on the reason that the Pollution Control Board has not issued consent in his favour. Ext.P5 notice issued by the Panchayat Secretary will show that the petitioner has been invited for ahearing regarding the confirmation of the stop memo. The petitioner submitted that since the Pollution Control Board has not taken a final decision on Ext.P4 application for consent, the petitioner will not be able to produce the certificate before the Panchayat and that would result in confirmation of the stop memo. 3. Considering the submissions addressed before me by Sri.P.B.Sahasranaman, the learned counsel for the petitioner and Smt.Tulasi Bai, I am of the view that this writ petition can be disposed WPC No.31166/2007 2 of issuing the following directions: The 2nd respondent will immediately take up Ext.P4, consider the same in the light of the various grounds raised in the writ petition and the documents placed on record by the petitioner, hear the petitioner and take a decision on Ext.P4 at the earliest and at any rate within 10 days of receiving a copy of this judgment. Considering the above direction, the Panchayat is directed not to finalise the proceedings which are proposed as per Ext.P5 for a period of 20 days of receiving a copy of this judgment. No coercive action for implementation of the stop memo will be initiated by the Panchayat during the aforementioned period of 20 days. PIUS C. KURIAKOSE, JUDGE. Dpk