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