C.K.Sulaiman vs State Of Kerala
2021 Latest Caselaw 4478 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

     MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

                        WP(C).No.3139 OF 2021(N)


PETITIONER/S:

                C.K.SULAIMAN,AGED 70 YEARS
                S/O.KOCHA AHAMED, NOORI INDUSTRIES
                ALLAPRA P.O., ORNA, PERUMBAVOOR
                ERNAKULAM - 683 542.

                BY ADVS.
                SRI.PRAVEEN K. JOY
                SRI.E.S.SANEEJ
                SRI.M.P.UNNIKRISHNAN
                SMT.M.K.SAMYUKTHA
                SRI.N.ABHILASH
                DEEPA RAJAGOPAL

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY SECRETARY, DEPARTMENT OF ENVIRONMENT,
                SECRETARIAT
                THIRUVANANTHAPURAM - 695001.

      2         THE ENVIRONMENTAL ENGINEER
                KERALA STATE POLLUTION CONTROL BOARD
                ERNAKULAM DISTRICT - 682 020.

      3         KERALA STATE POLLUTION CONTROL BOARD
                THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY - 695
                004.

      4         THE APPELLATE AUTHORITY
                CONSTITUTED UNDER SECTION 28 AND 31 OF THE WATER ACT
                1974 AND AIR ACT 1981, THIRUVANANTHAPURAM, REP. BY
                ITS CHAIRMAN - 695 004.


OTHER PRESENT:

                GP: SRI.PAUL ABRAHAM VAKKANAL, SC T NAVEEN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3139 OF 2021(N)                  2




                                    JUDGMENT

Against Ext.P10 order of the Kerala State Pollution Control Board that

refuses a consent to establish to the petitioner, he has preferred Ext.P12 appeal

before the 4th respondent appellate authority. The limited prayer of the petitioner

is for a direction to the appellate authority to consider and pass orders on Ext.P12

appeal expeditiously, after hearing the petitioner.

2. Heard the learned counsel for the petitioner and also the learned

Government Pleader for the respondents.

On a consideration of the facts and circumstances of the case and the

submissions made across the Bar, I dispose the writ petition with a direction to the

4th respondent to consider and pass orders on Ext.P12 appeal preferred by the

petitioner within an outer limit of three months from the date of receipt of a copy

of this judgment, after hearing the petitioner. The petitioner shall produce a copy

of the writ petition together with a copy of this judgment before the 4 th respondent

for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

sd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE PHOTOCOPY OF THE LICENSE DATED 31/10/17 OF DIVISIONAL FOREST OFFICER, MALAYATTOOR DIVISION.

EXHIBIT P2 THE TRUE PHOTOCOPY OF THE NO OBJECTION CERTIFICATE OF FIRE AND RESCUE SERVICES, ERNAKULAM DATED 05/05/2016.

EXHIBIT P3 THE TRUE PHOTOCOPY OF THE MEMORANDUM FILED BEFORE DEPARTMENT OF INDUSTRIES, GOVERNMENT OF INDIA DATED 09/06/2014.

EXHIBIT P4 THE TRUE PHOTOCOPY OF THE CONSENT TO OPERATE CERTIFICATE FROM THE KERALA POLLUTION CONTROL BOARD ERNAKULAM DATED 19/07/2018.

EXHIBIT P5 THE TRUE PHOTOCOPY OF THE LICENSE FROM VENGOLA GRAMA PANCHAYATH FOR PLYWOOD AND VENEER, ERNAKULAM DATED 17/04/2018.

EXHIBIT P6 THE TRUE PHOTOCOPY OF THE CERTIFICATE OF THE DISTRICT MEDICAL OFFICER AT ERNAKULAM DATED 16/08/2006.

EXHIBIT P7 THE TRUE PHOTOCOPY OF THE NO OBJECTION CERTIFICATE OF INSPECTOR OF FACTORIES AND BOILER IN ERNAKULAM DATED 13/02/2019.

EXHIBIT P8 THE TRUE PHOTOCOPY OF THE CONSENT TO ESTABLISH DATED 07/08/2006 OF KERALA STATE POLLUTION CONTROL BOARD.

EXHIBIT P9 THE TRUE COPY OF THE JUDGMENT DATED 6/8/18 IN WPC 24182/2018 OF THIS HON'BLE COURT.

EXHIBIT P10 THE TRUE COPY OF THE ORDER DATED 23/01/2019 OF KERALA STATE POLLUTION CONTROL BOARD.

EXHIBIT P11 THE TRUE COPY OF THE JUDGMENT DATED 8/2/2019 IN WPC 18622/2016 OF THIS HON'BLE COURT.

EXHIBIT P12 THE TRUE COPY OF THE APPEAL SUBMITTED BEFORE THE 4TH RESPONDENT DATED 30/12/2020 WITHOUT EXHIBITS.