Charles T. David vs State Of Kerala
2021 Latest Caselaw 2221 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

              THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

        WEDNESDAY, THE 20TH DAY OF JANUARY 2021/30TH POUSHA, 1942

                              W.P(C).No.28345 OF 2020(P)


PETITIONER:

                  CHARLES T. DAVID
                  AGED 58 YEARS, THOPPIL HOUSE, AIKARANAD NORTH VILLAGE,
                  PERINGOLE KARA, KUNNATHUNAD TALUK, ERNAKULAM DISTRICT

                  BY ADV. SRI.BIJU .C. ABRAHAM

RESPONDENTS:

              1   STATE OF KERALA
                  REPRESENTED BY THE SECRETARY TO GOVERNMENT,
                  DEPARTMENT OF ENVIRONMENT, GOVERNMENT SECRETARIAT,
                  THIRUVANANTHAPURAM-695 001

              2   THE CHAIRMAN,
                  KERALA STATE POLLUTION CONTROL BOARD, HEAD OFFICE,
                  PATTOM P.O., PLAMOODU, THIRUVANANTHAPURAM-695 004

              3   ITTOOP,
                  PROPRIETOR, M/S.VIJAY CONSTRUCTIONS, MYKULANGARA HOUSE,
                  KINGINIMATTOM KARA, AIKKARANADU SOUTH VILLAGE,
                  KOLENCHERRY P.O., ERNAKULAM DISTRCT-682 311

ADDL.         4   THE MEMBER SECRETARY, KERALA POLLUTION CONTROL BOARD,
RESPONDENTS
4&5
                  THIRUVANANTHAPURAM - 695 001.

              5   THE ENVIRONMENTAL ENGINEER, KERALA POLLUTION CONTROL
                  BOARD, THIRUVANANTHAPURAM - 695 001.

                  ADDL. RESPONDENTS 4 AND 5 ARE IMPLEADED AS PER ORDER
                  DATED 20.1.2021 IN I.A.NO.2/2021.

                  R1   BY   SRI.PAUL ABRAHAM VAKKANAL, GOVT. PLEADER
                  R2   BY   SRI.T.NAVEEN, SC
                  R3   BY   ADV. SRI.ENOCH DAVID SIMON JOEL
                  R3   BY   ADV. SRI.S.SREEDEV
                  R3   BY   ADV. SRI.RONY JOSE

          THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
     ON 20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
     FOLLOWING:
 W.P.(C).No.28345/2020             :: 2 ::




                          JUDGMENT

The limited prayer of the petitioner is for a direction to the

additional respondents 4 and 5, before whom he has preferred

Exts.P4 and P5 representations raising allegations against the tar

mixing plant put up by the 3rd respondent, to consider and pass

orders on the same, expeditiously, after hearing the petitioner

and the 3rd respondent.

2. I have heard the learned counsel appearing for the

petitioner and the learned Government Pleader appearing for the

respondents.

On a consideration of the facts and circumstances of the

case as also the submissions made across the bar, I dispose the

writ petition with a direction to the additional respondents 4 and

5 to consider and pass orders on Exts.P4 and P5 representations

preferred by the petitioner, within one month from the date of

receipt of a copy of this judgment, after hearing the petitioner as W.P.(C).No.28345/2020 :: 3 ::

also the 3rd respondent. The petitioner shall produce a copy of the

writ petition together with a copy of this judgment before the

additional respondents 4 and 5, for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

prp/20/1/2021 APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CIRCULAR DATED 1.10.2015 ISSUED BY THE POLLUTION CONTROL BOARD

EXHIBIT P2 TRUE COPY OF THE MINUTES OF THE MEETING DATED 16.9.2015

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 5.11.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 21/12/2020 SUBMITTEED BY THE PETITIONER BEFORE RESPONDENT NO.4.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 21/12/2020 SUBMITTEED BY THE PETITIONER BEFORE RESPONDENT NO.5.

RESPONDENTS EXHIBITS:      NIL.



                               //TRUE COPY//


                                  P.S. TO JUDGE