IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 4708 of 2007(I)
1. BASHEER K.M., AGED 39 YEARS,
... Petitioner
Vs
1. THE SECRETARY,
... Respondent
2. THE CHIEF ENVIRONMENTAL ENGINEER,
For Petitioner :SRI.RAJESH VIJAYAN
For Respondent :SMT.K.K.THULASY BHAI,SC,POLLUTION C.BOA
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :08/03/2007
O R D E R
PIUS C. KURIAKOSE,J.
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W.P.(C)No.4708 of 2007
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Dated: 8th March, 2007
JUDGMENT
The grievance of the petitioner is that the 1st respondent-
Panchayat is not issuing licence for the expansion of a plywood
business which is already being conducted within the area of the
Panchayat. The stand taken by the Panchayat in the counter affidavit
is that unless the petitioner produces consent from the Pollution
Control Board, the Panchayat will not be able to consider the
application for licence.
2. Heard Mr.Rajesh Vijayan, counsel for the petitioner, Mr.Siby
Mathew, counsel for the 1st respondent-Panchayat and Smt.Thulasi
Bai, Standing Counsel for the Pollution Control Board.
3. It is obvious that Exts.P5 and P6 applications for consent
submitted by the petitioner pending consideration before the Pollution
Control Board. The Pollution Control Board will after conducting
necessary inspections take an early decision on Exts.P5 and P6. The
decision as directed above will be taken by the Pollution Control
Board within one month of receiving a copy of this judgment. If the
decision of the Pollution Control Board comes to be in favour of the
petitioner and the petitioner obtain consent, the same will be
produced before the Panchayat in which case the Panchayat will
W.P.C.No.4708/07 – 2 –
consider and pass orders on the petitioner’s application for licence
within one week of production of the consent by the petitioner.
The Writ Petition will stand disposed of as above.
srd PIUS C.KURIAKOSE, JUDGE