IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 10336 of 2008(E) -------------------------- PETITIONER: ------------ GANGADHARAN, VIJAYA BHAVAN, KALLUVETTANKUZHI, PANAMGODE DESOM, VENGANOOR VILLAGE. BY ADV. SRI.R.GOPAN RESPONDENTS: ------------- 1. THE SECRETARY, VIZHINJAM GRAMA PANCHAYATH, VIZHINJAM P.O., THIRUVANANTHAPURAM. 2. THE SECRETARY, POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM. BY SC SRI.CHANDRAMOHAN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO.10336 of 2008 ---------------------------------- Dated this the 27th h day of March , 2008 JUDGMENT The learned Standing Counsel Sri.Tulasi Bai takes notice on behalf of the second respondent. 2. Under challenge in this Writ petition is Ext.P7 order cum notice issued by the Panchayat directing the petitioner to stop the working of a hotel, which is being conducted by him, on the reason that it is being conducted in an unhygienic manner generating pollution of all types. To Ext.P7 the petitioner has submitted Ext.P8. Ext.P8 is submitted before the Secretary of the Panchayat itself. 3. Having regard to the submissions addressed at the bar, I dispose of this writ petition issuing following directions; i). The first respondent will place Ext.P8 before the Panchayat Committee and the Committee will construe Ext.P8 as an appeal preferred by the petitioner and dispose of the same in WPC No.10336/2008 2 accordance with law, after hearing the petitioner. ii). In the meanwhile, the second respondent will direct the District Officer of the Pollution Control Board, having jurisdiction over Thiruvananthapuram, to conduct an immediate inspection of the petitioner's hotel and submit a report before the Panchayat Committee regarding his impressions on the hygienic standards maintained in the hotel from the inspection. The Panchayat Committee will take into account that report also while taking decision on Ext.P8. Iii). Since the petitioner has a case that it is at the behest of the landlord of the building that the Panchayat has issued Ext.P7, there will be a further direction that the landlord of the building also will be heard by the Panchayat committee before decision is taken. The Panchayat Committee and the respondents will ensure compliance of the directions addressed to them at the earliest and at any rate within one month of receiving a copy of this judgment. iv). Till such time as decision is taken by the Panchayat Committee on Ext.P8, the hotel belonging to the petitioner will not be closed down on condition that the petitioner abides by all WPC No.10336/2008 3 the directions issued to him by the District Officer of the Pollution Control Board in the local inspection which is directed to be held as above. PIUS C. KURIAKOSE JUDGE dpk