Haseena Beevi vs The Kerala State Pollution ...
2021 Latest Caselaw 19425 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
 THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
                         WP(C) NO. 8483 OF 2019
PETITIONER:

             HASEENA BEEVI,
             AGED 43 YEARS
             W/O.NISSAR BABU, THOPPIL HOUSE,
             PAYIKUZHI,OCHIRA P.O, KOLLAM DIST, KERALA.
             BY ADVS.
             GEORGE POONTHOTTAM (SR.)
             NISHA GEORGE

RESPONDENTS:

     1       THE KERALA STATE POLLUTION CONTROL BOARD
             REPRESENTED BY ITS CHAIRMAN,PATTOM
             PALACE.PO,THIRUVANANTHAPURAM,PIN-695004.
     2       THE ENVIRONMENTAL ENGINEER,
             THE KERALA STATE POLLUTION CONTROL BOARD,
             KOLLAM DISTRICT OFFICE,USHUS BUILDING,
             BIG BAZAR,KOLLAM-691001.
     3       ABDUL KHADER KUNJU,
             S/O KUNJU AHAMMED KUNJU,
             ABIDA MANZIL,PAIKUZHI,OCHIRA.P.O,
             PIN-690526.
     4       ADDL. R4. WATER APPELLATE AUTHORITY,
             REPRESENTED BY ITS MEMBER SECRETARY,
             POLLUTION CONTROL BOARD, R-SECTION, 4TH FLOOR,
             KSRTC BUILDING, THAMBANOOR,
             THIRUVANANTHAPURAM-695001.

             (ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED
             20/03/2019 IN IA 01/2019)
             R1,2, AND 4 BY SRI. T. NAVEEN, STANDING COUNSEL
             BY SRI. P.S. APPU, GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   16.09.2021,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.8483 OF 2019

                                   2


                          JUDGMENT

Dated this the 16th day of September 2021

This writ petition is filed seeking direction to

the Appellate Authority under Air and Water (Prevention

and Control of Pollution) Act, 1981, Thiruvananthapuram

to dispose of Exhibit P7 appeal as expeditiously as

possible. Exhibit P7 is an appeal preferred by the 3 rd

respondent against the consent to establish granted to

the petitioner.

2. Heard the learned counsel for the petitioner

and the learned Government Pleader as well as the

learned Standing Counsel.

3. The petitioner submits that he is in possession

of 0.0405 Ha. of land property and building bearing

No.II/1698 therein comprised in Re Survey No.48/15-1

of Oachira Village, Kollam District. Learned counsel for

the petitioner submits that commission reports have

been made available before the Appellate Authority and

that the appeal has to be considered without delay.

4. Having heard the learned counsel for the WP(C).No.8483 OF 2019

petitioner, I am of the opinion that since Exhibit P7 is a

statutory appeal preferred by the 3rd respondent, which

is admittedly pending before the Appellate Authority, the

same is liable to be considered in accordance with law

without delay.

There will accordingly be a direction to the

additional 4th respondent to take up, consider and pass

order on Exhibit P7 appeal preferred by the 3rd

respondent herein with notice to all parties and after

considering all relevant aspects including the

commission reports and the contentions of the parties.

Appropriate steps shall be taken within a period of two

months from the date of receipt of copy of this

judgment. The petitioner shall produce a copy of the

writ petition along with the copy of this judgment before

the additional 4th respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/16/09 WP(C).No.8483 OF 2019

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY TAX RECEIPT DATED 06.05.2017 TRUE COPY OF OWNERSHIP CERTIFICATE DATED EXHIBIT P2 07.06.2017.

TRUE COPY OF POSSESSION CERTIFICATE DATED EXHIBIT P3 05.05.2017.

TRUE COPY OF THE CONSENT TO ESTABLISH EXHIBIT P4 ISSUED BY 2ND RESPONDENT DATED 15.11.2017 ALONG WITH THE APPROVED SITE PLAN. TRUE COPY OF NO-OBJECTION CERTIFICATE EXHIBIT P5 ISSUED BY THE FIR & RESCURE SERVICES DEPARTMENT DATED 31.06.2017. TRUE COPY OF THE APPLICATION (REMINDER CUM EXHIBIT P6 REPLY)FOR CONSENT TO OPERATE FILED BY THE PETITIONER.

TRUE COPY OF THE APPEAL NO.7/2018 FILED BY EXHIBIT P7 THE 3RD RESPONDENT BEFORE THE APPELLATE AUTHORITY DATED 4.4.2018.

TRUE COPY OF AFFIDAVIT AND PETITION FILED EXHIBIT P8 IN EXHIBIT P-7.

TRUE COPY OF OBJECTION FILED BY THIS EXHIBIT P9 PETITIONER TO THE EXHIBIT P-7. TRUE COPY OF REPORT FILED BY THE 2ND EXHIBIT P10 RESPONDENT IN EXHIBIT P-7.

RESPONDENTS' EXHIBITS:        NIL



 SSK                          //TRUE COPY//         PA TO JUDGE