Beeran Haji.P.T vs The Kerala State Pollution ...
2021 Latest Caselaw 4135 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                      WP(C).No.13018 OF 2016(B)


PETITIONER:

               BEERAN HAJI.P.T.
               SON OF AHAMMED KUTTY, AGED 61 YEARS,
               RESIDING AT PUZHAKKALTHODI,
               URANGATTIRI VILLAGE, ERNADU TALUK,
               MALAPPURAM DISTRICT.

               BY ADV. SRI.P.M.ZIRAJ

RESPONDENTS:

      1        THE KERALA STATE POLLUTION CONTROL BOARD
               DISTRICT OFFICE, MALAPPURAM DISTRICT,
               REPRESENTED BY ITS ENVIRONMENT ENGINEER,
               PIN - 676 505.

      2        THE DISTRICT COLLECTOR
               MALAPPURAM, PIN - 676 505.

      3        THE DISTRICT POLICE CHIEF
               MALAPPURAM, PIN - 676 505.

      4        THE OORNGATTIRI GRAMA PANCHAYATH
               OORNGATTIRI, REPRESENTED BY ITS SECRETARY,
               PIN - 673 639.

      5        THE SECRETARY
               OORNGATTIRI GRAMA PANCHAYATH,
               OORNGATTIRI,
               PIN - 673 639.

      6        THE VILLAGE OFFICER
               URANGATTIRI VILLAGE, ERNADU TALUK,
               MALAPPURAM DISTRICT-676 505.

      7        SUB INSPECTOR OF POLICE
               AREACODE POLICE STATION, MALAPPURAM DISTRICT,
               PIN - 673 639.

      8        THE INSPECTOR OF POLIOCE
               MANJERI POLICE STATION, MALAPPURAM DISTRICT,
               PIN - 673 639.
 WP(C).No.13018 OF 2016(B)          2




               R1 BY ADV. SRI.P.C.SASIDHARAN
               R1, R4 BY ADV. SRI.S.SHYAM KUMAR
               R1 BY ADV. SRI. T.NAVEEN , SC, KERALA STATE
               POLLUTION CONTROL BOARD

OTHER PRESENT:

               SMT.VINITHA.B. GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.13018 OF 2016(B)         3




                            JUDGMENT

Dated this the 4th day of February 2021

The learned counsel for the petitioner submits

that the matter has become infructuous.

In view of the above submission, this writ

petition is dismissed as infructuous.

Sd/-

P.V.ASHA

JUDGE ska

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 19.08.2015 IN WPC NUMBER 20907 OF 2015.

EXHIBIT P2 TRUE COPY OF THE CONSENT TO OPERATE DATED 21.05.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE CONSENT TO OPERATE DATED 14.10.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 11.12.2015.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 24.06.2015 ISSUED BY THE 5TH RESPONDENT ON BEHALF OF 4TH RESPONDENT REJECTING THE COMPLAINT AGAINST THE UNIT OF PETITIONER.

EXHIBIT P6. TRUE COPY OF THE ORDER DATED 23.06.2015 ISSUED BY THE DISTRICT MEDICAL OFFICER, MALAPPURAM REJECTING THE COMPLAINT AGAINST THE UNIT OF PETITIONER.

EXHIBIT P7 TRUE COPY OF THE ORDER DATED 02.03.2016 ISSUED BY THE KERALA STATE HUMAN RIGHT COMMISSION REJECTING THE COMPLAINT AGAINST THE UNIT OF PETITIONER.

EXHIBIT P8 TRUE COPY OF THE MASS PETITION WITHOUT DATE SUBMITTED BY THE LOCAL PEOPLE IN THAT AREA BEFORE THE 5TH RESPONDENT REQUESTING NOT TO CLOSED THE UNIT OF PETITIONER.

EXHIBIT P9 TRUE COPY OF THE D AND O LICENSE ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 29.05.2015.

EXHIBIT P10 TRUE COPY OF THE APPLICATION DATED 27.02.2016 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE RECEIPT DATED 27.02.2016 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER REGARDING RECEIPT OF EXHIBIT P10 APPLICATION.

EXHIBIT P12 TRUE COPY OF THE NEWS ITEM DATED 23.03.2016 PUBLISHED IN MALAYALA MANORAMA DAILY.