Muhammed C vs State Of Kerala
2021 Latest Caselaw 19477 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
                   WP(C) NO. 17219 OF 2021
PETITIONER:

          MUHAMMED C.
          AGED 74 YEARS
          S/O. KUNHALAVI, CHALAKKALAKATH HOUSE, KOZHIPURAM,
          PALLIKKAL P.O., MALAPPURAM DISTRICT.

          BY ADVS.
          C.M.MOHAMMED IQUABAL
          ANJALI G.KRISHNAN
          P.ABDUL NISHAD
          RAIHANATH T.H.

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695 001.

    2     THE DISTRICT COLLECTOR, MALAPPURAM
          MALAPPURAM P. O., PIN - 676 505.

    3     THE ADDITIONAL DISTRICT MAGISTRATE
          MALAPPURAM, PIN - 676 505.

    4     THE AIR AND WATER APPELLATE AUTHORITY
          2ND FLOOR, DEVIKRIPA BUILDING, KANNAMOOLA, PETTA,
          THIRUVANANTHAPURAM, PIN - 695 024, REPRESENTED BY
          ITS CHAIRMAN.

    5     THE CENTRAL POLLUTION CONTROL BOARD
          PARIVESH BHAVAN, EAST ARJUN NAGAR, DELHI - 110
          032, REPRESENTED BY ITS CHAIRMAN.

    6     THE KERALA STATE POLLUTION CONTROL BOARD
          PATTOM P. O., THIRUVANANTHAPURAM, PIN - 695 004,
          REPRESENTED BY ITS CHAIRMAN.
 W.P.(C).No.17219/2021

                             2


    7      BHARAT PETROLEUM CORPORATION LTD.
           3RD FLOOR, C. K. TOWERS, VANDIPETTA, NADAKAVU
           (WEST), CALICUT - 673 011, REP. BY ITS GENERAL
           MANAGER.

    8      IBRAHIM
           S/O. KUTTYAMMU, KALLUNGAL HOUSE, PALLIKKAL P.
           O., MALAPPURAM DISTRICT, PIN - 673 634.

    9      RAGUL K.
           S/O. BABU RAJ K., RADHA NIVAS, KOLATHARA P. O,
           KOZHIKODE DISTRICT, PIN - 673 685.

           BY ADVS.
           M.GOPIKRISHNAN NAMBIAR
           K.JOHN MATHAI
           JOSON MANAVALAN
           KURYAN THOMAS
           PAULOSE C. ABRAHAM
           RAJA KANNAN

OTHER PRESENT:

           ADV. ROMILA SC
           ADV. SHALINI LAL (SC)


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.17219/2021

                                          3


                      P.V.KUNHIKRISHNAN, J.
                        -------------------------------
                      W.P.(C).No.17219 of 2021
                ----------------------------------------------
            Dated this the 16th day of September, 2021


                                    JUDGMENT

This writ petition is filed with following prayers:

i. Call for the records leading up to Ext. P9 Consent and quash the same by issuance of a Writ of Certiorari or any other appropriate writ, order or direction.

ii. Issue a writ of mandamus or any other appropriate writ order or direction, directing the 4th respondent to consider and pass appropriate order on Ext.P16 appeal preferred by the petitioner within a time stipulated by this Hon'ble Court.

iii. Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time.

2. The order impugned in this writ petition is Ext.P9

consent issued by the Kerala State Pollution Control Board.

The petitioner already challenged Ext.P9 consent by filing an

appeal before the 4th respondent, as evident by Ext.P16. Even W.P.(C).No.17219/2021

though the counsel raised several contentions in this writ

petition, I don't want to make any observation about the merit

of the case. According to me, Ext.P16 appeal can be directed

to be considered by the 4th respondent within a time frame,

after giving an opportunity of hearing to the petitioner and the

other affected parties.

Therefore, this writ petition is disposed in the following

manner:

1. The 4th respondent is directed to consider and

pass appropriate orders in Ext.P16 appeal, as

expeditiously as possible, at any rate, within

two months from the date of receipt of a copy

of this judgment.

2. Before passing final orders in the appeal, the

4th respondent should hear the petitioner and

respondents 5 to 9.

3. All the contentions of the petitioner raised in

this writ petition are left open.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.17219/2021

APPENDIX OF WP(C) 17219/2021

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY PALLIKKAL GRAMA PANCHAYATH DATED 27.01.2020.

Exhibit P2 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER AND OTHERS BEFORE THE 2ND RESPONDENT DATED 23.11.2020.

Exhibit P3 THE TRUE COPY OF THE OBJECTION FILED BEFORE THE 3RD RESPONDENT DATED 30.11.2020.

Exhibit P4 THE TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT DATED 31.10.2020.

Exhibit P5 THE TRUE COPY OF THE NOC ISSUED BY THE 2ND RESPONDENT DATED 31.10.2020. Exhibit P6 THE TRUE COPY OF THE REPORT OF THE PALLIKKAL VILLAGE OFFICER DATED 15.01.2020.

Exhibit P7 THE TRUE COPY OF THE REPORT OF TAHSILDAR, KODOTTY DATED 30.07.2020. Exhibit P8 THE TRUE COPY OF THE PHOTOGRAPHS OF THE PROPOSED SITE.

Exhibit P9 THE TRUE COPY OF THE CONSENT DATED 18.01.2021 ISSUED BY THE 6TH RESPONDENT.

Exhibit P10 THE TRUE COPY OF THE CIRCULAR ISSUED BY THE 6TH RESPONDENT DATED 24.02.2020.

Exhibit P11 TRUE COPY OF THE CIRCULAR ISSUED BY THE 6TH RESPONDENT DATED 18.08.2020. Exhibit P12 THE TRUE COPY OF THE CIRCULAR ISSUED BY THE 6TH RESPONDENT DATED 09.08.2004.

Exhibit P13 THE TRUE COPY OF THE OFFICE MEMORANDUM OF THE 5TH RESPONDENT DATED 7.1.2021. Exhibit P14 THE TRUE COPY OF THE MODIFIED DIRECTION ISSUED BY THE 5TH RESPONDENT DATED 07.03.2016.

W.P.(C).No.17219/2021

Exhibit P15 THE TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN I.A.NO.1/2021 IN W.P. (C) NO.11819/2021 DATED 25.06.2021. Exhibit P16 THE TRUE COPY OF THE APPEAL PREFERRED BEFORE THE 4TH RESPONDENT DATED 09.08.2021.