High Court Kerala High Court

Deeluxe Bottles (India) Private … vs Pudussery Grama Panchayat on 9 September, 2009

Kerala High Court
Deeluxe Bottles (India) Private … vs Pudussery Grama Panchayat on 9 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25560 of 2009(L)


1. DEELUXE BOTTLES (INDIA) PRIVATE LIMITED,
                      ...  Petitioner

                        Vs



1. PUDUSSERY GRAMA PANCHAYAT,
                       ...       Respondent

2. THE SPECIAL GRADE SECRETARY,

3. KERALA STATE POLLUTION CONTROL BOARD,

4. THE STATE OF KERALA,

                For Petitioner  :SRI.E.K.NANDAKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :09/09/2009

 O R D E R
               THOTTATHIL B. RADHAKRISHNAN, J
                 ...........................................
                WP(C).NO. 25560                 OF 2009
                 ............................................
       DATED THIS THE         9TH DAY OF SEPTEMBER, 2009

                               JUDGMENT

Notice to respondents 1 and 2 dispensed with, preserving

their right to move for rehearing, if aggrieved by the directions

contained in this judgment. Third respondent is represented by

standing counsel. Government Pleader takes notice for fourth

respondent.

2. The petitioner contends that Ext.P7 impugned order has

been issued without granting any opportunity of hearing. It is

shown that it is the licence issued by the panchayat and has

applied for clearance of the Pollution Control Board. The

petitioner has an effective alternate remedy against the

impugned order. Even on the ground of non hearing, such an

appeal/revision lies. To enable the petitioner to move such

authority, and because the impugned order, if given effect to,

would result in immediate closure of the establishment, it is

ordered that Ext.P7 will stand suspended for a period of four

weeks. The competent appellate/revisional authority will consider

Wpc 25560/2009 2

the appeal/revision and any application for interim relief without

reference to anything stated in this judgment.

THOTTATHIL B RADHAKRISHNAN,
JUDGE

lgk/10/9