IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 156 of 2009(S) ----------------------------------- PETITIONER(S): -------------------- 1. C.C.SKARIA, AGED 55 YEARS S/O. C.P. CHANDY, CHERUKUZHIEL, MAMAMALA P.O. THIRUVANKULAM ERNAKULAM 682 305. 2. T.K.SAJU S/O. T.V.KURIAKO, THENUMKUTTIYIL HOUSE VARIKOLY P.O.,ERNAKULAM DT. 3. K.S. SANTHOSH, S/O. C.P. SUBRAHMANIAN, CHITTETHUPARAMBIL MANANTHADAM , PUTHENCRUZ P.O.,682 308. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF FOREST & ENVIRONMENT KERALA GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT DEPARTMENT OF LOCAL SELF GOVERNMENT KERALA GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 3. THIRUVANIYOOR GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY THIRUVANIYOOR GRAMA PANCHAYAT ERNAKULAM DT 682 308. 4. KERALA STATE POLLUTION CONTROL BOARD THIRUVANANTHAPURAM REPRESENTED BY ITS MEMBER SECRETARY. W.P.(C) NO.156/2009 5. CHIEF ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, ERNAKULAM 682 020. 6. DISTRICT MEDICAL OFFICER, ERNAKULAM 7. POLYFORMALIN (P) LTD CHEMMANAD, VARIKOLY P.O., 682 308, REPRESENTED BY ITS MANAGING DIRECTOR, C.V.PAUL 8. MR. C.V.PAUL MANAGING DIRECTOR, POLYFORMALIN (P) LTD., CHEMMANAD, VARIKOLY P.O., 682 308. 9. DISTRICT COLLECTOR, ERNAKULAM (CHAIRMAN , SINGLE WINDOW CLEARANCE BOARD, ERNAKULAM 10. THE GENERAL MANAGER DISTRICT INDUSTRIES CENTRE, ERNAKULAM (CONVENER, SINGLE WINDOW, CLEARANCE BOARD, ERNAKULAM) 11. SINGLE WINDOW CLEARANCE BOARD REPRESENTED BY ITS CHAIRMAN, ERNAKULAM. 12. THE SECRETARY THIRUVANIYOOR GRAMA PANCHAYAT ERNAKULAM DT. 682 308 13. THE PRESIDENT THIRUVANIYOOR GRAMA PANCHAYAT ERNAKULAM DT. 682 308. *ADDL. R14 IS IMPLEADED. 14. THE KERALA STATE SINGLE WINDOW CLEARANCE BOARD, THIRUVANANTHAPURAM, REP.BY ITS CONVENER. * R14 IS IMPLEADED AS PER ORDER DT. 09.01.2009 IN IA. 369/2009 BY GOVERNMENT PLEADER SMT.K.MEERA ADV. SRI.M.K.CHANDRAMOHAN DAS, SC, PCB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy,Ag.C.J. & P.R.Ramachandra Menon, J. -------------------------------------- W.P.(C) No. 156 of 2009 --------------------------------------- Dated this the 9th day of January, 2009 Judgment Koshy,Ag.C.J. Petitioner is mainly challenging Ext.P11 order of the District Single Window Clearance Board. It is contended that after refusal of application for licence, there is no question of granting deemed licence. It is also submitted that the unit is causing pollution. Counsel for the Pollution Control Board stated that it has given consent. If petitioner is aggrieved by Ext.P11, he can apply to the State Board under section 11 as well as 13 of the Kerala Industrial Single Window Clearance Boards and Industrial Township Area Development Act, 1999. Petitioner filed Ext.P14. Without expressing any opinion regarding the merits of the mater, we direct the State Single Window Clearance Board to dispose of Ext.P14 as expeditiously as possible with notice to all parties concerned. J.B.Koshy Acting Chief Justice P.R.Ramachandra Menon Judge vaa W.P.(C) No./2009 2 W.P.(C) No./2009 3 J.B. KOSHY, Ag.C.J. AND P.R.RAMACHANDRA MENON,J. ------------------------------------- W.A.No. /2006 ------------------------------------- Judgment Date:9th January, 2009