IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT:

            THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

         MONDAY, THE 20TH DAY OF JANUARY 2014/30TH POUSHA, 1935

                          WP(C).No. 31660 of 2013 (F)
                            ----------------------------

PETITIONER:
---------------

         THOMAS, AGED 46 YEARS,
         S/O.JOSE, KANNAMPILLY HOUSE, PARIYARAM
         THRISSUR DISTRICT.

         BY ADVS.SRI.RENJITH THAMPAN (SR.)
                   SMT.P.R.REENA

RESPONDENTS:
-------------------

       1. THE ENVIRONMENTAL ENGINEER,
         KERALA STATE POLLUTION CONTROL BOARD,
         REGIONAL OFFICE, THRISSUR, PIN-680 001.

       2. PARIYARAM GRAMA PANCHAYATH,
         PARIYARAM.P.O, THRISSUR DISTRICT, PIN-680 721
         REPRESENTED BY ITS SECRETARY.

       3. SHAJU ANTONY,
         S/O.ANTONY, KANNAMPILLY HOUSE, PARIYARAM.P.O
         THRISSUR, PIN-680 721.

         R3 BY ADV. SRI.G.SREEKUMAR (CHELUR)
         R2 BY ADV. SRI.SHEEJO CHACKO
         R2 BY ADV. SRI.P.JINISH PAUL
         BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD

         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
         20-01-2014, THE COURT ON THE SAME DAY DELIVERED THE
         FOLLOWING:

WP(C).No. 31660 of 2013 (F)
----------------------------

                                : 2 :


APPENDIX

PETITIONER'S EXHIBITS :
----------------------------

EXT.P1 TRUE COPY OF THE SKETCH SHOWING THE HOUSE OF THE PETITIONER
AND 3RD RESPONDENT .

EXT.P2 TRUE COPY OF THE COMMISSION REPORT IN O.S.309/2011 OF MUNSIFF
COURT,IRINJALAKUDA.

EXT.P3 TRUE COPY OF THE JUDGMENT IN O.S.309/2011 DATED 09.10.2012.

EXT.P4 TRUE COPY OF REPRESENTATION FILED BY THE PETITIONER TO THE
RESPONDENTS DATED 16.12.2013.

RESPONDENTS' EXHIBITS: NIL
-----------------------------


                                                           /True Copy/


                                                          P.A. to Judge.

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          P.R. RAMACHANDRA MENON, J.
        --------------------------------------------------
                  W.P.(C.) No. 31660 Of 2013
        --------------------------------------------------
        DATED THIS THE 20th DAY OF JANUARY, 2014

                              JUDGMENT

The petitioner has approached this Court with the following prayers:

1. Issue a writ in the nature of mandamus commanding the 1st respondent to ensure that no manufacturing/commercial activity is conducted by the 3rd respondent in building No.14/2/7C of Pariyaram Gramapanchayath, without obtaining consent to operate under the Environment Protection Act and (Prevention and Control of Pollution) Act.

2. Issue a writ in the nature of mandamus commanding the 2nd respondent to consider and pass orders on Ext.P4 within such time as may be fixed by this Hon'ble Court.

2. Even though urgent notice was ordered by this Court, the 2nd respondent has not entered appearance, despite completion of service.

3. The learned counsel for the petitioner submits that the 3rd respondent has not obtained any licence or consent from the 1st respondent to operate. This being the position, the steps being pursued to function the Bakery, Oven and the manufacturing unit in the concerned building is beyond all provisions of law and  W.P.(C) No. 31660/2013 -2- hence under challenge. The learned counsel for the petitioner submits that, the Panchayath has given licence without any authority and without ascertaining the version of the 1st respondent/Pollution Control Board.

4. The learned Standing Counsel for the Pollution Control Board submits that the the 3rd respondent has now filed an application for issuance of 'consent to operate'.

5. In the above circumstances, the 1st respondent is directed to consider the application put in by the 3rd respondent and finalise the proceedings at the earliest, after hearing both the sides. The 2nd respondent shall consider and pass orders on Ext.P4 at the earliest, at any rate, within 'six weeks' from the date of receipt of a copy of this judgment, after giving an opportunity of hearing to the parties concerned. The 1st respondent shall also consider the mandate of verdict passed by the concerned civil court vide Ext.P3, while considering the application as aforesaid.

Writ petition is disposed of.

sd/- P.R. RAMACHANDRA MENON, JUDGE.

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