IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 16157 of 2006(W)
1. A.N. PURUSHOTHAMAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. DEPUTY DIRECTOR OF PANCHAYAT, KOLLAM.
3. PATHANAPURAM GRAMA PANCHAYAT,
4. THE PRESIDENT,
For Petitioner :SRI.P.GOPINATHAN NAIR
For Respondent :SRI.S.ABDUL RAZZAK
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :30/11/2006
O R D E R
PIUS C. KURIAKOSE,J.
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W.P.(C)No.16157 of 2006
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Dated: 30th November, 2006
JUDGMENT
The Kerala State Pollution Control Board, represented by its
Chairman is impleaded as Additional respondent No.6 in the Writ
Petition. Registry will carry out necessary corrections in the cause
title.
2. Having regard to the rival submissions made before me, this
Writ Petition will stand disposed of in the following terms:
The additional 6th respondent is directed to take immediate
action on Ext.R3(B) request submitted by the Panchayat and submit a
detailed report to the Panchayat after conducting all necessary
enquiries including the situation that the 5th respondent’s house is
situated within a distance of 100 metres from the proposed unit. The
report as directed above will be submitted by the additional 6th
respondent at their earliest and at any rate within two months of the
petitioner making available a copy of this judgment. Respondents 3
and 4 will ensure that the Sub Committee which has been constituted
for enquiring into the complaint submitted by the petitioner before
the Panchayat submits its report at their earliest and at any rate
within two months of their receiving a copy of this judgment. Once
the report of the Sub Committee as well as the report of the
W.P.C.No.16157/06 – 2 –
additional 6th respondent are made available, the 3rd respondent-
Panchayat will take up Ext.P1 application submitted by the petitioner
on a priority basis, issue notice to the petitioner as well as the
additional 5th respondent and thereafter, after hearing the petitioner
as well as the additional 5th respondent, take a decision on Ext.P1 at
its earliest and at any rate within six weeks of their receiving a copy
of the report from the Pollution Control Board and the report of the
Sub Committee.
srd PIUS C.KURIAKOSE, JUDGE