Bimal Krishnan vs The Environmental Engineer
2021 Latest Caselaw 23619 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                        WP(C) NO. 20956 OF 2021
PETITIONER:

          BIMAL KRISHNAN
          AGED 48 YEARS
          S/O KUNJUKRISHNA PILLAI RESIDING AT PUTHANPURAYIL,
          KILIKOLLOOR P.O.KOLLAM-691 004.
          BY ADVS.
          S.SREEKUMAR (KOLLAM)
          K.VIJAYAN
          PRIYA SHANAVAS
          R.RAJESH KUMAR


RESPONDENTS:

    1     THE ENVIRONMENTAL ENGINEER
          KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,
          USHUS BUILDING, BIG BAZAR, KOLLAM-691 001.
    2     THE ASSISTANT ENGINEER
          KERALA STATE ELECTRICITY BOARD LTD, OFFICE OF THE ASST.
          ENGINEER, ELECTRICAL SECTION, KADAPPAKKADA, KOLLAM-691
          008.
          BY ADVS.
          SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,
          N.SATHEESH



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.20956 OF 2021

                                     2



                              JUDGMENT

Dated this the 30th day of November 2021

This writ petition is filed seeking directions to the

first respondent to renew the consent to operate the

cashew factory within a time limit.

2. It is submitted by the learned counsel for

the petitioner that the cashew factory of the

petitioner had been disfunctional from 2014 to June

2020 and that he had submitted a representation

before the first respondent to waive the consent fees

for the said period. It is further submitted that the

petitioner had sought permission to operate the

factory. But the same was not allowed by the

respondents. It is submitted that pursuant to the

directions issued by this Court, the 2 nd respondent

has conducted an inspection in the premises of the

petitioner on 23.10.2021 and a report has also been

placed on record by the Environmental Engineer in WP(C).No.20956 OF 2021

this regard. The defects found in the functioning and

the infrastructure had been duly informed to the

petitioner by Exhibit R1(f) notice dated 29.10.2021.

The learned counsel for the petitioner submits that

the petitioner is ready and willing to take all the

remedial steps as required in Exhibit R1(f) and that

the request of the petitioner for renewal of the

consent may be considered at the earliest. It is also

contended that the request made by the petitioner for

the waiver of the consent fees may also be

considered by the respondents.

Having considered the contentions advanced

and in view of the fact that learned counsel for the

petitioner submits that the remedial measures stated

in Exhibit R1(f) will be complied with by the petitioner

without delay, this wit petition is disposed of with the

following directions:

The petitioner shall carry out the WP(C).No.20956 OF 2021

remedial measures in respect of the defects

stated in Exhibit R1(f)) at Clauses 1 to 6. The

2nd respondent shall make site inspection after

the petitioner informs the compliance with the

said conditions. On the site inspections being

conducted and the remedial measures being

found satisfactory, the respondents shall take

appropriate steps to renew the consent to

operate. Further follow up action shall be

taken by the respondents without delay. The

request, if any, made by the petitioner for

waiver of the fees for the period, when the

period the factory was disfunctional shall also

be duly considered in accordance with law.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/30/11 WP(C).No.20956 OF 2021

APPENDIX

PETITIONER'S EXHIBITS:

TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY Exhibit P1 THE POLLUTION CONTROL BOARD, KOLLAM TRUE COPY OF THE GOVERNMENT ORDER NO B2- Exhibit P2 89/2020/LABOUR DATED 5.6.2020 TRUE COPY OF THE REPRESENTATION DATED 22.9.2021 Exhibit P3 GIVEN TO THE 1ST RESPONDENT BY THE PETITIONER TRUE COPY OF THE PHOTOGRAPHS SHOWING THE Exhibit P4 EXECUTION OF ADDITIONAL DIRECTIONS ISSUE BY THE BOARD TRUE COPY OF THE DIRECTIONS ISSUED BY THE 1ST Exhibit P5 RESPONDENT TO THE 2ND RESPONDENT DATED 12.8.2021 TRUE COPY OF THE SHOW-CAUSE NOTICE ISSUED BY Exhibit P6 THE 2ND RESPONDENT TRUE COPY OF THE REPLY DATED 23.9.2021 TO THE Exhibit P7 2ND RESPONDENT TRUE COPY OF THE ONLICE CONSENT MANAGEMENT AND Exhibit P8 MONITORING SYSTEM DATED 22.9.2021 TRUE COPY OF THE RECEIPT NO 762710972 DATED Exhibit P9 23.9.2021

RESPONDENT'S EXHIBITS:

TRUE COPY OF THE CONSENT REFUSAL ORDER ISSUED ANNEXURE R1(A) BY THE BAORD ON 15.11.2002.

TRUE COPY OF THE CONSENT REFUSAL ORDER ISSUED ANNEXURE R1(B) BY THE BAORD ON 29.11.2002.

TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY ANNEXURE R1(C) THE BOARD TO THE UNIT ON 10.04.2003 TRUE COPY OF THE COMMUNICATION DATED 22.07.2020 ANNEXURE R1(D) ISSUED BY THE BOARD TO THE UNIT. TRUE COPY OF THE CLOSURE ORDER DATED 18.01.2021 ANNEXURE R1(E) ISSUED BY THE BOARD.

TRUE COPY OF THE DIRECTION DATED 29.10.2021 ANNEXURE R1(F) ISSUED BY THE BOARD.

  SSK                           //TRUE COPY//          PA TO JUDGE