Kerala High Court
Shammy A. Shahib vs Kottayam District Single Window ... on 16 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
WP(C) NO. 11198 OF 2021
PETITIONER:
SHAMMY A. SHAHIB
AGED 47 YEARS
S/O. AHAMED, PALACKAL HOUSE, CHERUVANDUR,
ETTUMANOOR P. O., KOTTAYAM - 686631.
BY ADVS.
PRAVEEN K. JOY
SRI.E.S.SANEEJ
SRI.M.P.UNNIKRISHNAN
SMT.M.K.SAMYUKTHA
SRI.N.ABHILASH
SMT.M.R.ESHRATH BAI
SMT.BEENA JOSEPH
SMT.SREELEKHA. P
SHRI.DEEPU RAJAGOPAL
RESPONDENTS:
1 KOTTAYAM DISTRICT SINGLE WINDOW CLEARANCE BOARD
KOTTAYAM - 686 001, REP. BY ITS CONVENOR.
2 ETTUMANOOR MUNICIPALITY
REP. BY ITS SECRETARY, ETTUMANOOR - 686 631.
3 THE DISTRICT MEDICAL OFFICER
KOTTAYAM - 686002.
4 KERALA STATE POLLUTION CONTROL BOARD
PATTOM, TRIVANDRUM - 695004.,
REP. BY ITS SECRETARY.
5 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD,
KOTTAYAM - 686001.
6 K. G. RAJAPPAN
AGED 67 YEARS
FATHER'S NAME NOT KNOWN TO PETITIONER,
KALLETHANATH HOUSE, ETTUMANOOR,
KOTTAYAM - 686562.
W.P.(C) No.11198/2021
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7 K. V. MATHEW
AGED 64 YEARS
FATHER'S NAME NOT KNOWN TO PETITIONER,
MANGATTU HOUSE, CHERUVANDOOR, ETTUMANOOR,
KOTTAYAM - 686562.
8 P. C. CHACKO
AGED 63 YEARS
FATHER'S NAME NOT KNOWN TO PETITIONER,
CHALAPPALLIL HOUSE, CHERUVANDOOR, ETTUMANOOR,
KOTTAYAM - 686562.
BY ADVS.
R2 - SHRI.SIBY CHENAPPADY, SC, ETTUMANOOR
MUNICIPALITY
R6 to R8 - SRI.R.S.KALKURA
SRI.P.B.SAHASRANAMAN
SRI.T.S.HARIKUMAR
R4&5 - SRI.T. NAVEEN
GOVT. PLEADER SMT.G.RANJITA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.11198/2021
:3:
JUDGMENT
~~~~~~~~~
Dated this the 16th day of July, 2021
The petitioner, who is the owner of a plywood
industry, approached this Court seeking to direct
respondents 2 to 5 to stop all proceedings against the unit of
the petitioner, since the petitioner requires reasonable time
to get the statutory appeal numbered and moved, against
Ext.P18 order.
2. It is the case of the petitioner that the
Environmental Engineer issued a closure notice dated
30.05.2019 to the petitioner, alleging violation of distance
criteria. The petitioner thereupon approached the Air
Appellate Authority, Thiruvananthapuram filing Appeal
No.9/2019 invoking Section 31 of the Air (Prevention and
Control of Pollution) Act, 1981 against the order dated
30.05.2019 of the Environmental Engineer. The Air
Appellate Authority held that the industrial unit of the
W.P.(C) No.11198/2021
petitioner is not situated as per the stipulations in Circular
dated 20.07.2011. Accordingly, the appeal filed by the
petitioner was dismissed as per Ext.P18 order.
3. The petitioner wanted to challenge Ext.P18 order
by filing a further appeal before the National Green Tribunal
invoking Section 31B of the Air (Prevention and Control of
Pollution) Act, 1981. The petitioner has, in fact, filed Ext.P19
appeal memorandum before the National Green Tribunal
along with Ext.P20-Miscellaneous Application for stay.
However, due to the second Covid wave, the petitioner is not
in a position to move Exts.P19 and P20 Appeal/Application
before the National Green Tribunal. It is in such
circumstances that the petitioner has approached this Court.
4. When the writ petition came up for admission on
11.05.2021, this Court passed an interim order granting
reasonable time to the petitioner to get the statutory appeal
numbered and moved and permitted the petitioner to
continue the functioning of the unit based on Exts.P1 to P11
licences and sanctions issued by the statutory authorities.
W.P.(C) No.11198/2021
5. When this writ petition came up for hearing today,
the counsel on either side submitted that the appeal filed by
the petitioner is numbered as appeal No.50/2021 by the
National Green Tribunal and the appeal stands posted to
30.07.2021. In the circumstances, this Court feels that this
writ petition need not be retained and it can be disposed of
permitting the petitioner to pursue his appeal before the
Tribunal.
In the circumstances, the writ petition is disposed
of permitting the petitioner to pursue his appeal filed before
the National Green Tribunal against Ext.P18 order of the Air
Appellate Authority. The interim order passed by this Court
on 11.5.2021 will continue to enure to the benefit of the
petitioner till 30.07.2021.
Sd/-
N. NAGARESH, JUDGE
aks/16.07.2021
W.P.(C) No.11198/2021
APPENDIX OF WP(C) 11198/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE NO OBJECTION
CERTIFICATE ISSUED BY THE ASSISTANT
DIVISIONAL OFFICER, FIRE AND RESCUE
SERVICES, KOTTAYAM DATED 25.04.2018.
EXHIBIT P2 THE TRUE COPY OF THE ORDER
NO.T2/7466/2017/F AND B DATED
04.10.2017 OF DIRECTOR OF FACTORIES
AND BOILERS AT TRIVANDRUM.
EXHIBIT P20 THE TRUE COPY OF THE ORDER IN RECORD
OF PROCEEDINGS DATED 27.04.2021 IN
MISCELLANEOUS APPLICATION NO.665/2021
IN SMW(C) NO.3/2020 OF SUPREME COURT
OF INDIA.
EXHIBIT P3 THE TRUE COPY OF THE ORDER DATED
12.07.2017 OF DISTRICT MEDICAL
OFFICER, KOTTAYAM.
EXHIBIT P4 THE TRUE COPY OF THE LICENSE DATED
28.09.2018 OF FOREST DEPARTMENT FOR
PALACKAL TIMBERS ISSUED BY DIVISIONAL
FOREST OFFICER, KOTTAYAM.
EXHIBIT P5 THE TRUE COPY OF THE ORDER DATED
24.07.2018 OF THE 1ST RESPONDENT.
EXHIBIT P6 THE TRUE PHOTOCOPY OF THE CONSENT
NO.PCB/KTM/CO/4583/2017 ISSUED BY THE
POLLUTION CONTROL BOARD DATED
24.11.2017.
EXHIBIT P7 THE TRUE PHOTOCOPY OF THE INDUSTRIAL
LICENCE ISSUED BY THE ETTUMANOOR
MUNICIPALITY DATED 12.04.2018.
EXHIBIT P8 THE TRUE PHOTOCOPY OF THE LICENCE
ISSUED BY THE ETTUMANOOR MUNICIPALITY
DATED 28.03.2019.
EXHIBIT P9 THE TRUE COPY OF THE LICENCE ISSUED BY
THE ETTUMANOOR MUNICIPALITY DATED
22.02.2020.
W.P.(C) No.11198/2021
EXHIBIT P10 THE TRUE COPY OF THE LICENCE RECEIPT
FOR 21-22 ISSUED BY THE ETTUMANOOR
MUNICIPALITY WITH NO.0071565 DATED
01.03.2021.
EXHIBIT P11 THE TRUE COPY OF THE LICENCE RECEIPT
FOR 21-22 ISSUED BY THE ETTUMANOOR
MUNICIPALITY WITH NO.0071567 DATED
01.03.2021.
EXHIBIT P12 THE TRUE COPY OF ORDER IN IA 1449/2018
IN OS 175/2018 DATED 07.01.2018 OF
MUNSIFF COURT, ETTUMANOOR.
EXHIBIT P13 THE TRUE COPY OF THE NOTICE DATED
01.04.2019 OF ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD,
KOTTAYAM.
EXHIBIT P14 THE TRUE COPY OF THE APPEAL 9/2019
DATED 6.6.2019 BEFORE THE APPELLATE
AUTHORITY UNDER AIR (PREVENTION AND
CONTROL OF POLLUTION), TRIVANDRUM.
EXHIBIT P15 THE TRUE COPY OF THE STAY PETITION
FILED AS IA 22/2019 IN APPEAL 9/2019
DATED 6.6.2019 BEFORE THE APPELLATE
AUTHORITY UNDER AIR (PREVENTION AND
CONTROL OF POLLUTION), TRIVANDRUM.
EXHIBIT P16 THE TRUE COPY OF THE ORDER DATED
18.10.2019 IN IA 22/2019 IN APPEAL
9/2019 OF THE APPELLATE AUTHORITY
UNDER AIR (PREVENTION AND CONTROL OF
POLLUTION), TRIVANDRUM.
EXHIBIT P17 THE TRUE COPY OF THE JUDGMENT DATED
27.11.2019 IN WPC 28689/2019.
EXHIBIT P18 THE TRUE COPY OF THE ORDER DATED
26.03.2021 IN APPEAL 9/2019 OF THE
APPELLATE AUTHORITY UNDER AIR
(PREVENTION AND CONTROL OF POLLUTION),
TRIVANDRUM.
EXHIBIT P19 THE TRUE COPY OF THE APPEAL WITHOUT
ANNEXURE WITH REF.
NO.330511701080/2021 DATED 30.04.21
BEFORE THE HON'BLE GREEN TRIBUNAL,
CHENNAI.
W.P.(C) No.11198/2021
EXHIBIT P20 TRUE COPY OF THE ORDER IN RECORD OF
PROCEEDINGS DT. 27.4.2021 IN
MISCELLANEOUS APPLICATION NO.665/2021
IN SMW(C) NO.3/2020 OF SUPREME COURT
OF INDIA.
RESPONDENT'S EXHIBITS :
R6(A) TRUE COPY OF THE CLOSURE ORDER DT. 30.5.2019
ISSUED BY THE 5TH RESPONDENT.
