Kerala High Court
Association Of Pollution Control ... vs The Kerala State Pollutiopn ... on 3 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942
WP(C).No.11150 OF 2014(P)
PETITIONER/:
ASSOCIATION OF POLLUTION CONTROL CONSULTANTS &
CONTRACTORS
(A SOCIETY REGISTERED UNDER THE SOCIETIES
REGISTRATION ACT) KKD/CA/399/2014
REPRESENTED BY GENERAL SECRETARY,
BIJU, S/O.VASU, AGED 49 YEARS
1/500 MIAMI, NADAKKAVU CROSS ROAD,
KOZHIKODE 673 011.
BY ADVS.
SRI.B.KRISHNAN
SHRI.R.PARTHASARATHY
RESPONDENT/S:
1 THE KERALA STATE POLLUTIOPN CONTROL BOARD
REPRESENTED BY CHAIRMAN,
THE KERALA STATE POLLUTION CONTROL BOARD,
PATTAM P.O, THIRUVANANTHAPURAM 695 004.
2 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
ENVIRONMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 69500.
*ADDL. INTEGRATED GREEN TECHNOLOGIES PVT. LTD.
R3 CIN. U74200KL2011 PTCO29679, 4A:44/177, SRM ROAD
KOCHI - 18, REPRESENTED BY ITS DIRECTOR,
AJOY K.ANTONY, AGED 31 YEARS, S/O.K.L.ANTONY,
RESIDING AT VILLA DE ORCHID 44/150, SRM ROAD
ERNAKULAM NORTH PO., KOCHI - 18.
R1 BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL
BOARD
R1 BY ADV. SRI.G.S.KRISHNAN KARTHA
R1 BY ADV. SRI.LIJIN THAMBAN
R1 BY ADV. SRI.M.RETHEESHKUMAR
R1 BY ADV. SRI. T.NAVEEN , SC, KERALA STATE POLLUTION
CONTROL BOARD
SRI.T.NAVEEN SC FOR R1,
SRI.JESTIN MATHEW, GP FOR R2
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.11150 OF 2014(P) ..2..
JUDGMENT
Dated this the 3rd day of March 2021
The petitioner is an Association of Pollution
Control Consultants and Contractors. According to
the petitioner, they represent the interest of service
providers for treatment of water and waste water,
which is profession, occupation, trade or business
within the mischief of Article 19(1)(g) of the
Constitution of India. They had filed this writ petition
for quashing Exts.P1 and P2, whereby the Kerala
State Pollution Control Board has introduced
guidelines for empanelment of consultants.
2. When the writ petition came up for further
consideration today, the learned Standing Counsel for
the 1st respondent submitted that, they are re-
considering the entire issues regarding the
empaneling of consultants. This is recorded.
WP(C).No.11150 OF 2014(P) ..3..
3. Heard the learned Counsel for the petitioner
and the respondents.
4. In the light of the submission made by the 1 st
respondent, all questions raised by the writ petitioner
including whether the 1st respondent has authority to
issue guidelines for empanelment of consultants are
left open. The petitioner will be free to approach this
Court after the Board takes fresh decision in the
matter and in case they are aggrieved.
The writ petition is disposed of accordingly.
Sd/-
MURALI PURUSHOTHAMAN
SB/04/03/2021 JUDGE
WP(C).No.11150 OF 2014(P) ..4..
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF THE NOTICE PUBLISHED IN MALAYALA
MANORAMA DAILY DATED 23.03.14.
EXHIBIT P2 COPY OF THE TERMS AND CONDITIONS FOR
EMPANELLMENT OBTAINED FROM THE WESITE OF
THE IST RESPONDENT PUBLISHED ON 21.03.14.
EXHIBIT P3 COPY OF THE PROFILE TO HIGHLIGHT THE MALADY
OF UNDULY RESTRICTING THE NUMBER OF
CONSULTANTS AND CONTRACTOR.
EXHIBIT P4 COPY OF THE CIRCULAR ISSUED BY THE KERALA
STATE POLLUTION CONTROL BOARD DATED
02.11.07.
EXHIBIT P5 COPY OF THE REPRESENTATION SUBMITTED BY THE
IST PETITIONER TO THE 2ND RESPONDENT DATED
12.04.14.
EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS OF KARNATAKA
STATE POLLUTION CONTROL BOARD RECALLING THE
PROPOSAL OF EMPANELMENT OF PRIVATE
LABORATORIES.
RESPONDENTS EXHIBITS:
EXHIBIT TRUE COPY OF THE NOTICE DATED 15.03.2013
R1(A)
EXHIBIT TRUE COPY OF THE PROCEEDINGS DATED
R1(B) 19.07.2013
EXHIBIT TRUE COPY OF THE MINUTES OF THE MEETING
R1(C)
EXHIBIT TRUE COPY OF THE JUDGMENT DATED 10.01.2014
R1(D) IN W.P.C. 31617/13 AND 29864/2013
EXHIBIT TRUE COPY OF THE PROCEEDINGS DATED 28.2.14
R1(E)
EXHIBIT TRUE COPY OF THE PROCEEDINGS DATED 28.2.14
R1(F)
EXHIBIT TRUE COPY OF THE JUDGMENT DATED 10.03.2014
WP(C).No.11150 OF 2014(P) ..5..
R1(G) IN C.O.C NO. 241/14
EXHIBIT THE CERTIFICATE OF INCORPORATION ISSUED BY
R3(A) THE REGISRATR OF COMPANIES
EXHIBIT CERTIFICATE OF INCORPORATION PURSUANT TO
R3(B) CHANGE OF NAME ISSUED BY THE REGISTRAR OF
COMPANIES
EXHIBIT THE TRUE COPY OF APPLICATION FOR
R3(C) EMPANELMENT AS CONSULTANT DATED 16.04.14
EXHIBIT A TRUE COPY OF THE FEES PAID BY WAY OF
R3(D) CHEQUE IN FAVOUR OF THE SECOND RESPONDENT
DATED 16.4.14
EXHIBIT TRUE COPY OF THE APPLICATION DATED 16.03.15
R3(E) FOR CLASS A EMPANELMENT
EXHIBIT TRUE COPY OF ADVERTISEMENT FIVEN BY GREEM
R3(F) METHOD ENGINEERING PVT.LTD IN MALAYALA
MANORAMA DAILY DATED 8.6.15
// true copy //
P.A to Judge
