Vinayaka Granites vs Kerala State Pollution Control ...
2021 Latest Caselaw 9106 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942

                      WP(C).No.23199 OF 2020(Y)


PETITIONER:

               VINAYAKA GRANITES
               PAYYANAMON P.O., KONNI, PATHANAMTHITTA, REPRESENTED
               BY ITS PARTNER SMT. RAJAMMA THOMAS.

               BY ADVS.
               SRI.PAUL JACOB (P)
               SRI.ENOCH DAVID SIMON JOEL
               SRI.S.SREEDEV
               SRI.RONY JOSE

RESPONDENTS:

      1        KERALA STATE POLLUTION CONTROL BOARD
               PATTOM P.O., THIRUVANANTHAPURAM-695 004 REPRESENTED
               BY ITS SENIOR ENVIRONMENTAL ENGINEER.

      2        KERALA STATE POLLUTION CONTROL BOARD
               DISTRICT OFFICE, K.K. NAIR ROAD,
               PATHANAMTHITTA-689 533 REPRESENTED BY ITS
               ENVIRONMENTAL ENGINEER.

      ADDL. AIR (PREVENTION AND CONTROL OF POLLUTION) APPELLATE
      R3    AUTHORITY, K.S.R.T.C BUS TERMINAL COMPLEX,
            THAMPANOOR, THIRUVANANTHAPURAM - 695 001


               R1, R2 AND R3 BY ADV NAVEEN, STANDING COUNSEL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      Sathish Ninan, J.
              ==============================
                 W.P.(C) No.23199 of 2020
                ==========================
          Dated this the 18th day of March, 2021

                              JUDGMENT

Challenging the refusal to grant consent for a

crusher unit, the petitioner has filed an appeal

before the third respondent-appellate authority as

Appeal No.11/2020. The same is pending consideration.

2. It is reported that the Appeal, No.11/2020,

presently stands posted to 26.03.2021 for hearing.

The writ petition is disposed of directing the

third respondent to make every endeavour to have the

appeal heard on the said date and orders passed

thereon within two weeks therefrom.

Sd/-

Sathish Ninan, Judge

vdv APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CONSENT TO OPERATE DATED 30.1.2019 VALID TILL 31.12.2023 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P1(A) TRUE COPY OF THE D&O LICENSE DATED 17.3.2020 VALID TILL 31.3.2021 ISSUED BY THE KONNI PANCHAYAT.

EXHIBIT P2 TRUE ABSTRACT COPY OF THE APPLICATION FOR CONSENT DATED 31.7.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P2(A) TRUE COPY OF THE RECEIPT DATED 23.9.2019 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE CONSENT REFUSAL ORDER DATED 1.10.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE CIRCULAR DATED 24.11.2009 WITH NO.PCB/TAC/ST.CR.COM/65/2005 ISSUED BY THE IST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE CERTIFICATE DATED 25.9.2019 ISSUED BY THE VILLAGE OFFICER, KONNITHAZHOM.

EXHIBIT P6 TRUE COPY OF THE MEMORANDUM OF APPEAL (WITHOUT THE EXHIBITS) IN APPEAL No.11/2020 ON THE FILES OF 3RD RESPONDENT.