IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 33859 OF 2014
PETITIONER:
MUHAMMED KUTTY
AGED 42 YEARS
S/O. KUNJIKAMMU, KUTTIPURATH HOUSE,
THOZHANOOR VIA, RANDATHANI.P.O.,
MALAPPURAM DISTRICT-676510.
BY ADVS.
SRI.K.A.SHAMSUDEEN
SRI.K.J.MOHAMMED ANZAR
RESPONDENTS:
THE ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD
DISTRICT OFFICE, MALAPPURAM, 19/269A,
PERINTHALMANNA ROAD, KUNNUMMAL.P.O.,
MALAPPURAM-676505.
BY ADVS.
SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL
BOARD
SRI. T.NAVEEN , SC, KERALA STATE POLLUTION CONTROL
BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.33859/2014
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.33859 of 2014
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Dated this the 01st day of June, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Call for the record leading to the issue of Ext. P5 issued by the respondent, Environmental Engineer, Kerala State Pollution Control Board, District Office, Malappuram and to quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction by declaring that the same was issued illegally and arbitrarily. ii. Issue such other and further writs, orders or directions as this Hon'ble Court may deems fit and proper in the facts and circumstances of the case.
(SIC)
2. When this writ petition came up for consideration on 16.12.2014, this Court passed the following order:
"Admit. Standing Counsel takes notice. There shall be an interim order as prayed for. W.P.(C).No.33859/2014 3 The respondent is directed to furnish details of the complainant before this Court.
The petitioner shall implead the complainant in Ext.P5."
3. The petitioner has not taken steps to implead the complainant in Ext.P5. Even though an application was filed, the same was not moved. This writ petition is pending before this Court for the last 8 years. The main grievance of the petitioner is that Ext.P5 is an order passed without giving an opportunity of hearing to the petitioner. This Court already stayed that order. At this distance of time, the continuance of Ext.P5 may not be justifiable. Ext.P5 can be set aside. There can be a direction to the respondent to reconsider the matter after affording an opportunity of hearing to the petitioner and the complainant in Ext.P5.
Therefore, this writ petition is disposed of in the following manner:
1. Ext.P5 is set aside.2. The respondent is directed to reconsider the matter after giving an opportunity of hearing to the petitioner and the complainant in Ext.P5 W.P.(C).No.33859/2014 4 (Abdul Majeed), as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.
2. I make it clear that I have not considered the matter on merit and I set aside Ext.P5 only for the reason that it is passed without hearing to the petitioner.
3. If the Unit is not functioning now, the respondent need not do anything unless there is complaint from any parties.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.33859/2014 5 APPENDIX OF WP(C) 33859/2014 PETITIONER EXHIBITS P1. TRUE COPY OF THE CONSENT LETTER DATED 7-4-2014 GIVEN BY NEOGBOURS OF THE PETITIONERS WOODEN FURNITURE UNIT. P2. TRUE COPY OF THE LICENSE NO.
141/19/1 ISSUED BY THE KALPAKANCHERI GRAMA PANCHAYATH TO THE PETITIONER. P3. TRUE COPY OF THE ACKNOWLEDGMENT DATED 31-3-2014 ISSUED BY THE GENERAL MANAGERE, DISTRICT INDUSTRIES CENTRE, MALAPPURAM TO THE PETITIONER.
P4. TRUE COPY OF THE LICENSE DATED 6- 3-2014 ISSUED BY THE DFO NILAMBUR TO THE PETITIONER.
P5. TRUE COPY OF THE NOTICE DATED 10- 10-2014 ISSUED TO THE PETITIONER BY THE RESPONDENT, ENVIRONMENTAL ENGINEER, DIST. OFFICE, KERALA STATE POLLUTION CONTROL BOARD, MALAPPURAM.