Kerala High Court
Ittoop V.I vs The State Of Kerala on 25 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA,
1943
WP(C) NO. 23956 OF 2011
PETITIONER:
ITTOOP V.I.
S/O.LATE VAZHAPPILLY ITTERA,
KUNDOOR PO, THRISSUR DISTRICT.
BY ADVS.
SRI.G.SREEKUMAR (CHELUR)
SRI.RENIL ANTO KANDAMKULATHY
SRI.K.RAVI PARIYARATH
RESPONDENTS:
1 THE STATE OF KERALA
REP BY THE SECRETARY TO THE GOVT,, LOCAL SELF
GOVERNMENT DEPARTMENT, GOVT
SECRETARIAT,THIRUVANANTHAPURAM 695 001.
2 THE KUZHOOR GRAMA PANCHAYATH
KUZHOOR PO, THRISSUR DISTRICT,, REP BY ITS
SECRETARY,KUZHOOR PO,, THRISSUR 680 734.
3 THE KERALA STATE POLLUTION CONTROL
BOARD, DISTRICT OFFICE,REP BY ITS ENVIRONMENTAL
ENGINEER, POONKUNNAM, THRISSUR 680001.
ADDL.R4 BABU, AGED 37 YEARS
S/O. JOSE, PARASSERY HOUSE,, KUNDOOR P.O.,
ALAMATTAM, THRISSUR DISTRICT.
(ADDL.R4 IS IMPLEADED AS PER ORDER IN
IA.17601/2011 DATED 03.11.2011)
BY ADVS.SRI.V.M.KRISHNAKUMAR
KUM.D.MINI RAJAN
SMT.P.R.REENA
SMT.K.J.SONIA
SRI.S.VIDYASAGAR
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.11.2021, ALONG WITH WP(C).33279/2011 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.23956, 28293 & 33279 of 2011.
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA,
1943
WP(C) NO. 28293 OF 2011
PETITIONER:
BABU, S/O. JOSE,
PARASSERY HOUSE, KUNDUR P.O., THRISSUR DISTRICT.
BY ADVS.
SRI.V.M.KRISHNAKUMAR
SMT.P.R.REENA
RESPONDENTS:
1 SUPERINTENDENT OF POLICE, THRISSURR RURAL,
AYYANTHOLE, THRISSUR, PIN-680 003.
2 CIRCLE INSPECTOR OF POLICE, MALA,
THRISSUR DISTRICT, PIN-680 732.
3 SUB INSPECTOR OF POLICE, MALA
THRISSUR DISTRICT, PIN-680 732.
4 KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ENVIRONMENTAL ENGINEER,,
POONKUNNAM, THRISSUR, PIN-680 002.
5 DISTRICT MEDICAL OFFICER
THRISSUR, PIN-680 001.
6 KUZHUR GRAMAPANCHAYAT REPRESENTED BY
ITS SECRETARY, KUZHUR,
THRISSUR DISTRICT,, PIN-680 734.
7 V.I.ITOOP, S/O.ITTIRA
VAZHAPILLY HOUSE, KUNDOOR P.O.,,
THRISSUR DISTRICT, PIN-680 734.
BY ADVS.SRI.K.RAVI PARIYARATH
SRI.G.SREEKUMAR CHELUR
SRI.S.VIDYASAGAR
SMT.RASHMI K.M., SR.GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.11.2021, ALONG WITH WP(C).33279/2011 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.23956, 28293 & 33279 of 2011.
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA,
1943
WP(C) NO. 33279 OF 2011
PETITIONER:
ITTOOP V.I, S/O. LATE VAZHAPPILLY ITTERA,
KUNDOOR P.O.,, THRISSUR DISTRICT.
BY ADVS.
SRI.G.SREEKUMAR (CHELUR)
SRI.RENIL ANTO KANDAMKULATHY
SRI.K.RAVI PARIYARATH
RESPONDENTS:
1 THE STATE OF KERALA, REP. BY THE
SECRETARY TO THE GOVT., LOCAL SELF GOVERNMENT
DEPARTMENT, GOVT.SECRETARIAT,,
THIRUVANANTHAPURAM-695 001.
2 THE KUZHOOR GRAMA PANCHAYATH
KUZHOOR P.O., THRISSUR DISTRICT, REP. BY, ITS
SECRETARY, KUZHOOR P.O., THRISSUR-680 734.
3 THE KERALA STATE POLLUTION CONTROL
BOARD, DISTRICT OFFICE, REP. BY ITS
ENVIRONMENTAL ENGINEER, POONKUNNAM,
THRISSUR-680 001.
4 THE DISTRICT MEDICAL OFFICER OF HEALTH
THRISSUR-680 001.
SMT.VIDYA KURIAKOSE, GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.11.2021, ALONG WITH WP(C).23956/2011,
28293/2011, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).Nos.23956, 28293 & 33279 of 2011.
4
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).Nos.23956, 28293 & 33279 of 2011
----------------------------------------------
Dated this the 25th day of November, 2021
JUDGMENT
These writ petitions are connected and therefore, I am
disposing these cases by a common judgment.
Prayers in W.P.(C). No.23956 of 2011 are as follows:
i. Issue an appropriate writ of mandamus or any
other appropriate writ, order or direction
commanding the 3rd respondent, to conduct
necessary inspection as is directed in Ext.P3 and
to decide the renewal application of the consent
to operate as well, as evidenced by Ext.sP4 and
P5 within such time as may be fixed by this
Hon'ble Court in the interest of justice.
ii. To pass any such or further orders as the
petitioner may seek and this Hon'ble Court deem
fit to grant.
W.P.(C).Nos.23956, 28293 & 33279 of 2011.
W.P.(C). No.33279 of 2011 is filed for renewal of licence.
W.P.(C). No.28293 of 2011 is filed by the objectors.
2. Today, when this writ petition came up for
consideration, the Standing Counsel for the Pollution Control
Board submitted that the unit itself is not functioning from
2011 onwards.
In such circumstances, I think nothing survives in these
writ petitions and hence, dismissed.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).Nos.23956, 28293 & 33279 of 2011.
APPENDIX OF WP(C) 23956/2011
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE CONSENT TO ESTABLISH
ISSUED BY THE THIRD RESPONDENT DATED
3.12.07
EXHIBIT P2 COPY OF THE CONSENT TO OPERATE ISSUED
BY THE THIRD RESPONDENT DATED 15.11.08
EXHIBIT P3 COPY OF THE JUDGMENT IN WPC NO.38385
OF 2010 AND CONNECTED CASES DATED
27.06.2011 OF THIS COURT
EXHIBIT P4 COPY OF THE RECEIPT GIVEN BY THE THIRD
RESPONDENT DATED 18.7.11
EXHIBIT P5 COPY OF THE DEMAND DRAFT TAKEN IN THE
NAME OF THE THIRD RESPONDENT DATED
18.7.2011
RESPONDENTS' EXHIBITS
EXHIBIT R4(A) COPY OF THE REPORT OF THE DISTRICT
MEDICAL OFFICER OF HEALTH, THRISSUR
DATED 22.09.2011
EXHIBIT R4(B) COPY OF THE CIRCULAR OF KERALA STATE
POLLUTION CONTROL BOARD DATED
30.12.2010
EXHIBIT R4(C) COPY OF THE PROCEEDINGS OF THE
PROCEEDINGS OF THE ENVIRONMENTAL
ENGINEER, KERALA STATE POLLUTION
CONTROL BOARD DATED 24.09.2011
W.P.(C).Nos.23956, 28293 & 33279 of 2011.
APPENDIX OF WP(C) 28293/2011
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE PETITION FILED BY THE
PETITIONER, BEFORE THE 3RD RESPONDENT
DATED 17.10.2011
EXHIBIT P2 COPY OF THE REPORT OF THE DEPUTY
DIRECTOR OF PANCHAYAT, THRISSUR
EXHIBIT P3 COPY OF THE CIRCULAR DATED 30.12.2010
OF HTE POLLUTION CONTROL BOARD
EXHIBIT P4 COPY OF THE JUDGMENT IN WPC 38385/2010
DATED 27.06.2011
EXHIBIT P5 COPY OF THE REPORT OF THE DISTRICT
MEDICAL OFFICER DATED 22.9.2011
EXHIBIT P6 COPY OF THE REPORT DATED 24.9.2011
FILED BY THE KERALA STATE POLLUTION
CONTROL BOARD TO THE SECRETARY OF THE
GRAMAPANCHAYAT
EXHIBIT P7 COPY OF THE LETTER DATED 18.02.2011 OF
THE ENVIRONMENTAL ENGINEER
EXHIBIT P8 COPY OF THE ORDER DATED 02.09.2011 IN
WPC 23956/2011
W.P.(C).Nos.23956, 28293 & 33279 of 2011.
APPENDIX OF WP(C) 33279/2011
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE CONSENT TO ESTABLISH ISSUED
BY THE THIRD RESPONDENT DATED 3.12.07
EXHIBIT P2 COPY OF THE CONSENT TO OPERATE ISSUED
BY THE THIRD RESPONDENT DATED 15.11.08
EXHIBIT P3 COPY OF THE JUDGMENT IN WPC NO.38385 OF
2010 AND CONNECTED CASES DATED
27.06.2011 OF THIS COURT
EXHIBIT P4 COPY OF THE RECEIPT GIVEN BY THE THIRD
RESPONDENT DATED 18.7.11
EXHIBIT P5 COPY OF THE DEMAND DRAFT TAKEN IN THE
NAME OF THE THIRD RESPONDENT DATED
18.7.2011
EXHIBIT P6 COPY OF THE COMMUNICATION BY THE 4TH
RESPONDENT DATED 22.09.2011
EXHIBIT P7 COPY OF THE COMMUNICATION BY THE 3RD
RESPONDENT DATED 24.09.2011
EXHIBIT P8 COPY OF THE COMMUNICATION BY THE 3RD
RESPONDENT DATED 18.02.2011
RESPONDENTS' EXHIBITS:
ANNEXURE R3(A) COPY OF THE CONSENT TO ESTABLISH ISSUED
ON 3.12.2007
ANNEXURE R3(B) COPY OF THE CONSENT TO OPERATE ISSUED
ON 15.11.2008
ANNEXURE R3(C) COPY OF THE NOTICE FOR WITHDRAWAL OF
CONSENT TO OPERATE DATED 18.02.2011
ANNEXURE R3(D) COPY OF THE CONSENT VARIATION ORDER
DATED 14.03.2011
ANNEXURE R3(E) COPY OF THE LETTER DATED 24.9.2011 FROM
THE 3RD RESPONDENT TO THE SECRETARY,
KOOZHOOR GRAMAPANCHAYAT
ANNEXURE R3(F) COPY OF THE CIRCULAR
NO.PCB/HO/KTM/16741/09/09 DATED
21.11.2011
