IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 17216 OF 2022
PETITIONER
SHAMMY A SHAHIB, AGED 47 YEARS
S/O AHAMED, PALACKAL HOUSE,
CHERUVANDUR, ETTUMANOOR P.O. KOTTAYAM-686631.
BY ADV PRAVEEN K. JOY
RESPONDENT/S:
1 PRINCIPAL SECRETARY
GOVERNMENT INDUSTRIES (B) DEPARTMENT,
GOVERNMENT SECRETARIAT,
TRIVANDRUM-695001.
2 DIRECTOR OF INDUSTRIES AND COMMERCE,
DIRECTORATE OF INDUSTRIES AND COMMERCE, 3RD FLOOR,
VIAKAS BHAVAN, TRIVANDRUM-695033.
3 KOTTAYAM DISTRICT SINGLE
WINDOW CLEARANCE BOARD,
KOTTAYAM-686001. REP BY ITS CONVENOR.
4 DISTRICT MEDICAL OFFICER,
COLLECTORATE, KOTTAYAM-KUMILY ROAD,
KOTTAYAM-686002.
5 POLLUTION CONTROL BOARD,
TRIVANDRUM, PLAMOODU-THEKKAMOODU ROAD,
PUSHPA NAGR, NETHAJI NAGAR, PATTOM,
REP BY ITS CHAIRMAN-695004.
6 APPELLATE AUTHORITY OF AIR
(PREVENTION AND CONTROL OF POLLUTION ACT),
7TH FLOOR, KSRTC BUILDING,
THAMBANOOR, TRIVANDRUM-695010.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17216 OF 2022 ..2..
JUDGMENT
The petitioner has approached this Court challenging Ext.P36 order passed by the 5th respondent. Against Exr.P36, the petitioner has preferred Ext.P38 statutory appeal and Ext.P39 stay petition before the 6th respondent Appellate Authority under Section 31 of the AIR (Prevention and Control of Pollution Act), 1981. The limited relief sought for by the petitioner is for a consideration of Ext.P39 stay petition by the 6 th respondent.
2. Heard the learned Counsel for the petitioner, learned Government Pleader for respondents 1 to 4 and the learned Standing Counsel for the Pollution Control Board.
3. Since Ext.P39 stay petition is pending before the 6th respondent, I direct the 6th respondent to consider and pass orders on Ext.P39 stay petition, as expeditiously as WP(C) NO. 17216 OF 2022 ..3..
possible, at any rate within a period of two weeks from the date of receipt of a copy of this judgment. The 6 th respondent shall also take endeavour to dispose of Ext.P38 appeal expeditiously thereafter.
The writ petition is disposed of accordingly.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SB/27/05/2022 WP(C) NO. 17216 OF 2022 ..4..
APPENDIX OF WP(C) 17216/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE BUILDING PERMIT DATED 4.10.05 OF ETTUMANOOR GRAMA PANCHAYATH. Exhibit P2 THE TRUE COPY OF THE DEVELOPMENT PERMIT DATED 4.10.05 OF ETTUMANOOR GRAMA PANCHAYATH Exhibit P3 THE TRUE COPY OF THE RECEIPT DATED 4.10.05 OF ETTUMANOOR GRAMA PANCHAYATH Exhibit P4 THE TRUE COPY OF THE SANCTION LETTER DATED 3.3.09 OF KHADI AND VILLAGE INDUSTRIES COMMISSION Exhibit P5 THE TRUE COPY OF THE ORDER DATED 24.7.18 OF THE 5TH RESPONDENT.
Exhibit P6 THE TRUE PHOTOCOPY OF THE CONSENT NO PCB/KTM/ICO/R2/4073/2017 ISSUED BY THE POLLUTION CONTROL BOARD DATED 16-11-2017. Exhibit P7 THE TRUE PHOTOCOPY OF THE CONSENT NO PCB/KTM/ICO/4583/2017 ISSUED BY THE POLLUTION CONTROL BOARD DATED 20.12.2017.
Exhibit P8 THE TRUE PHOTOCOPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE ASSISTANT DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, KOTTAYAM DATED 25-04-2018.
Exhibit P9 THE TRUE COPY OF THE ORDER NO T2/7466/2017/F & B DATED 04-10-17 DIRECTOR OF FACTORIES AND BOILERS AT TRIVANDRUM Exhibit P10 THE TRUE COPY OF THE REGULARIZATION ORDER DATED 21.10.2007.
Exhibit P11 THE TRUE COPY OF THE LICENSES DATED 03.11.2016 OF FOREST DEPARTMENT FOR PALACKAL INDUSTRIES ISSUED BY DIVISIONAL FOREST OFFICER, KOTTAYAM. Exhibit P12 THE TRUE COPY OF THE LICENSES DATED 28.09.2018 WP(C) NO. 17216 OF 2022 ..5..
OF FOREST DEPARTMENT FOR PALACKAL TIMBERS ISSUED BY DIVISIONAL FOREST OFFICER, KOTTAYAM. Exhibit P13 THE TRUE COPY OF THE ORDER DATED 12.07.2017 OF DISTRICT MEDICAL OFFICER.
Exhibit P14 THE TRUE COPY OF THE JUDGMENT IN WPC 6874/2019 DATED 15.03.2019.
Exhibit P15 THE TRUE COPY OF THE ORDER DATED 18.10.2019 IN IA 22/2019 IN APPEAL 9/2019 OF AIR APPELLATE AUTHORITY Exhibit P16 THE TRUE COPY OF THE JUDGMENT IN WA 2095/2019. Exhibit P17 THE TRUE COPY OF THE INTERIM ORDER DATED 22.11.19 IN WPC 28689/2019.
Exhibit P18 THE TRUE COPY OF THE JUDGMENT IN WPC 28689/2019 DATED 27.11.2019.
Exhibit P19 THE TRUE COPY OF THE JUDGMENT IN WPC 32220/2019 DATED 27.11.2019.
Exhibit P20 THE TRUE COPY OF THE NOTICE DATED 14.02.2020 OF THE 2ND RESPONDENT.
Exhibit P21 THE TRUE COPY OF THE CERTIFICATE OF THE NEW INDIA ASSURANCE COMPANY LTD.
Exhibit P22 THE TRUE COPY OF THE LICENCE ISSUED BY THE ETTUMANOOR PANCHAYATH DATED 20-05-2015. Exhibit P23 THE TRUE COPY OF THE LICENCE ISSUED BY THE ETTUMANOOR MUNICIPALITY DATED 08.09.2017. Exhibit P24 THE TRUE COPY OF THE LICENSE DATED 01.04.2017. Exhibit P25 THE TRUE COPY OF THE INDUSTRIAL LICENCE ISSUED BY THE ETTUMANOOR MUNICIPALITY DATED 12-04-18. Exhibit P26 THE TRUE COPY OF THE INDUSTRIAL LICENCE ISSUED BY THE ETTUMANOOR MUNICIPALITY DATED 12-04- 2018.
WP(C) NO. 17216 OF 2022 ..6..
Exhibit P27 THE TRUE COPY OF THE RECEIPT ISSUED BY THE ETTUMANOOR MUNICIPALITY DATED 28-03-2019. Exhibit P28 THE TRUE COPY OF THE RECEIPT ISSUED BY THE ETTUMANOOR MUNICIPALITY DATED 28-3-2019. Exhibit P29 THE TRUE COPY OF THE SANCTION OF DISTRICT INDUSTRIES CENTRE FOR POWER LOAD OF 110HP DATED 08.03.2016.
Exhibit P30 THE TRUE COPY OF THE LICENSE FEE RECEIPT FOR PALACKAL TIMBERS FOR D & O TRADE LICENSE FOR BUILDING WITH NO. 19/304-B.
Exhibit P31 THE TRUE COPY OF THE LICENSE FEE RECEIPT FOR PALACKAL INDUSTRIES FOR D & O TRADE LICENSE DATED 22.02.2020 FOR BUILDING WITH NO. 12/18-B. Exhibit P32 THE TRUE COPY OF THE LICENSE FOR PALACKAL INDUSTRIES FOR D & O TRADE LICENSE FOR THE YEAR 2021-22.
Exhibit P33 THE TRUE COPY OF THE LICENSE FOR PALACKAL INDUSTRIES FOR D & O TRADE LICENSE FOR THE YEAR 2022-23.
Exhibit P34 THE TRUE COPY OF THE JUDGMENT IN WPC NO.
11198/21 DATED 16.07.2021.
Exhibit P35 THE TRUE COPY OF THE ORDER IN APPEAL NO.
50/2021 DATED 27.10.2021 OF HON'BLE NATIONAL GREEN TRIBUNAL, CHENNAI.
Exhibit P36 THE TRUE COPY OF THE ORDER DATED 21.01.2022 OF CHAIRMAN OF KERALA STATE POLLUTION CONTROL BOARD, TRIVANDRUM.
Exhibit P37 THE TRUE COPY OF THE ORDER DATED 03.02.2022 OF THE 2ND RESPONDENT.
Exhibit P38 THE TRUE COPY OF THE STATUTORY APPEAL NO.
10/2022 BEFORE THE APPELLATE AUTHORITY OF AIR (PREVENTION AND CONTROL OF POLLUTION ACT), TRIVANDRUM.
WP(C) NO. 17216 OF 2022 ..7..
Exhibit P39 THE TRUE COPY OF THE STAY PETITION NO. 15/2022 IN APPEAL NO. 10/2022 BEFORE THE APPELLATE AUTHORITY OF AIR (PREVENTION AND CONTROL OF POLLUTION ACT), TRIVANDRUM.