P. Madhusoodhanan Nair vs Kerala State Pollution Control ...
2021 Latest Caselaw 9142 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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

                     WP(C).No.1302 OF 2021(K)


PETITIONER:

               P. MADHUSOODHANAN NAIR,
               AGED 62 YEARS, S/O. C.K.PARAMESWARAN NAIR,
               T.C.51/189(1), SAI KRISHNA, VPS 75B, VATTAVILA,
               THIRUMALA P.O.,
               THIRUVANANTHAPURAM-695 006

               BY ADVS.
               SRI.AYYAPPAN SANKAR
               SMT.S.HRIDYA

RESPONDENTS:

      1        KERALA STATE POLLUTION CONTROL BOARD,
               REPRESENTED BY ITS ENVIRONMENTAL ENGINEER,
               T.C 12/96, (4,5) PLAMOODU JUNCTION,
               PATTOM P.O., THIRUVANANTHAPURAM-695 004

      2        S.BHUVANENDRA DAS,
               TC 19/2297, VPS78, VATTAVILA,
               THIRUMALA P.O., THIRUVANANTHAPURAM-695 006

               R2 BY ADV. SRI.P.C.CHACKO(PARATHANAM)
               R2 BY ADV. SMT.ASHA P.KURIAKOSE
               R2 BY ADV. RAJITHA RAJAN
               SRI.T.NAVEEN SC

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.1302 of 2021              2




                    W.P.(C) No.1302 of 2021
             -----------------------------------------------


                          JUDGMENT

Petitioner is running a carpentry unit on the strength

of the consent issued by the State Pollution Control Board.

Ext.P1 is the consent issued by the Pollution Control Board in

this regard. Ext.P1 consent was valid only till 31.07.2020. The

petitioner preferred an application for renewal of Ext.P1 consent

within its validity period, on 20.07.2020. It is alleged by the

petitioner that the said application is not being considered by

the Pollution Control Board on account of the objection raised

by the second respondent. The petitioner, therefore, seeks

appropriate directions in this regard in the writ petition.

2. Heard the learned counsel for the petitioner,

the learned Standing Counsel for the first respondent as also

the learned counsel for the second respondent.

Having regard to the facts and circumstances of the

case, I deem it appropriate to dispose of the writ petition

directing the first respondent to take up and pass orders on the

application preferred by the petitioner for renewal of Ext.P1

consent with notice to the petitioner as also the second

respondent. Ordered accordingly. This shall be done within

three weeks.

Sd/-

P.B.SURESH KUMAR, JUDGE.

YKB

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE CONSENT TO OPERATE NO.PCB/TVM-DO/ICE/TMC- 5793528/2017 ISSUED BY 1ST RESPONDENT

EXHIBIT P2 TRUE PHOTOCOPY OF THE LICENCE NO.140167542000665 DATED 17.5.2020 VALID FROM 1.4.2020 TO 31.3.2021 ISSUED BY THE THIRUVANANTHAPURAM MUNICIPAL CORPORATION

EXHIBIT P3 TRUE PHOTOCOPY OF THE LICENCE NO.8/2019-20 ISSUED BY THE DIVISIONAL FOREST OFFICER, THIRUVANANTHAPURAM VALID FROM THE PERIOD FROM 1.8.2019 TO 11.10.2020

EXHIBIT P4 TRUE PHOTOCOPY OF THE ONLINE PAYMENT RECEIPT DATED 21.7.2020 FOR RENEWAL OF CONSENT TO OPERATE TO BE ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT

EXHIBIT P5 TRUE PHOTOCOPY OF THE JUDGMENT DATED 5.10.2016 OF THIS HONOURABLE HIGH COURT IN WA NO.1604/2016

RESPONDENT'S/S EXHIBITS:

EXHIBIT R2(A) TRUE COPY OF THE MEDICAL TREATMENT CARD OF PETITIONER'S DAUGHTER NEETHU DATED 01.07.2015 ISSUE BY DR.P.ARJUN DEPARTMENT OF RESPIRATORY MEDICINE AND THEOCRATIC SURGERY S.P FORT HOSPITAL, THIRUVANANTHAPURAM

EXHIBIT R2(B) TRUE COPY OF THE MEDICAL TREATMENT CARD OF PETITIONER'S SON NITHIN DATED 31.10.2015 ISSUED BY DR.P.ARJUN DEPARTMENT OF RESPIRATORY MEDICINE AND THEOCRATIC SURGERY S.P FORT HOSPITAL, THIRUVANANTHAPURAM

EXHIBIT R2(C) TRUE COPY OF THE CIRCULAR DATED 21.03.2016.

EXHIBIT R2(D) TRUE COPY OF THE ORDER DATED 03.04.2017 IN RP NO.119 OF 2017 IN W.A.NO.1604 OF 2016 OF THIS HON'BLE COURT.

EXHIBIT R2(E) TRUE COPY OF THE JUDGMENT DATED 05.03.2018 IN W.P.(c) NO.7244 OF 2018 OF THIS HON'BLE COURT.

EXHIBIT R2(F) TRUE COPY OF THE ORDER OF THE AIR APPELLATE AUTHORITY DATED 13.11.2020 IN APPEAL NO.2 OF 2018.

EXHIBIT R2(G) TRUE COPY OF THE OBJECTION FILED BY IN THE 2ND RESPONDENT DATED 14.12.2020 BEFORE THE 1ST RESPONDENT AGAINST RENEWAL OF CONSENT TO THE PETITIONER WITHOUT DOCUMENTS.

EXHIBIT R2(H) TRUE COPY OF THE OBJECTION DATED 24.02.2021 FILED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT AGAINST THE GRANTING RENEWAL OF CONSENT TO THE PETITIONER.