IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT:

                     THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

                 MONDAY, THE 12TH DAYOF JUNE 2017/22ND JYAISHTA, 1939

                                   WP(C).No. 3281 of 2011 (I)
                                       ---------------------------


PETITIONER(S):
----------------------

        1.          SYED M.A. @ HAZAINAR, S/O.ANTHAN,
                    MUTHUVASSERIL HOUSE, PANIPRA,
                    KOTTAPPADY,KOTHAMANGALAM-686 692.

        2.          K.R. JINESH, S/O.RAMAKRISHNAN,
                    KARIKKAT HOUSE, PANIPRA, KOTTAPPADY,
                    KOTHAMANGALAM, PIN- 686 692.

                     BY ADV. SRI.C.DILIP.

RESPONDENT(S):
------------------------

        1.           KOTTAPPADY GRAMA PANCHAYATH, KOTTAPPADY,
                     PANIPRA P.O., KOTHAMANGALAM, PIN-686 692,
                     REPRESENTED BY ITS SECRETARY.

        2.           THE SECRETARY,
                     KOTTAPPADY GRAMA PANCHAYATH,
                     KOTTAPPADY,PANIPRA P.O., KOTHAMANGALAM-686 692.

        3.           M/S.TAZA PLYWOODS, PANIPRA P.O.,
                     KOTHAMANGALAM, REPRESENTED BY ITS PROPRIETOR,
                     ABDUL RAHIMAN, S/O.MOIDU HAJI, THOTTATHIKUDY HOUSE,
                     PANIPRA, KOTTAPPADY, PIN-686 692.


                     R3 BY ADVS. SRI.ADEEP ANWAR,
                                 SRI.PRAVEEN K. JOY.


                    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
                    ON 12-06-2017, THE COURT ON THE SAME DAY DELIVERED THE
                    FOLLOWING:
rs.

WP(C).No. 3281 of 2011 (I)

                               APPENDIX

PETITIONER'S EXHIBITS:-


EXT.P1    COPY OF THE BUILDING PERMIT DATED 06/01/2011 ISSUED BY
          THE 2ND RESPONDENT.

EXT.P2    COPY OF THE CONSENT ISSUED BY THE KERALA POLLUTION
          CONTROL BOARD DATED 15/09/2010.

EXT.P3    COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY
          THE PETITIONERS ALONG WITH OTHER RESIDENTS.


RESPONDENT'S EXHIBITS:-      NIL.




                                               //TRUE COPY//


                                               P.S.TO JUDGE


rs.



                         K. Vinod Chandran, J
                      ------------------------------------
                       W.P(C) No.3281 of 2011-I
                      ------------------------------------
                Dated, this the 12th day of June, 2017

                               JUDGMENT

The writ petition was filed against the carrying on of an industry by the 3rd respondent.

2. The 3rd respondent has been issued with a consent by the Kerala State Pollution Control Board [for brevity "PCB"] at Exhibit P2, valid upto 14.09.2013. The allegations in the writ petition were to the effect that the PCB did not conduct a proper inspection and measurement. It is alleged that the 3rd respondent's unit is situated within the prohibited distance from the petitioners' residences.

3. The petitioners ought to have challenged the consent before the appellate authority under the Air (Prevention & Control of Pollution) Act, 1981. It is also to be noticed that there is no interim order granted by this Court. The 3rd respondent has not filed any counter affidavit. The learned Counsel appearing for the 3rd respondent seeks some time to file counter. However, considering  WP(C) No.3281 of 2011 - 2 - the fact that the matter has been pending for long, this Court is of the opinion that the writ petition can be closed leaving open the contentions of either parties to be urged before the appropriate authority, if found necessary. Ordered accordingly.

Sd/-

K.Vinod Chandran Judge.

vku/-

[ true copy ]