Kerala High Court
Gopinathan vs Francis on 24 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
CON.CASE(C) NO. 337 OF 2021
AGAINST THE JUDGMENT DATED 13.08.2020 IN WP(C) 16220/2020 OF HIGH
COURT OF KERALA
PETITIONER/4TH RESPONDENT:
GOPINATHAN
AGED 60 YEARS
S/O.BALACHANDRAN, NEDIYEDATH (H), NEAR OUSHADI,
THALIKKULA P.O., THRISSUR - 680 569.
BY ADV RAJIT
RESPONDENTS/2ND RESPONDENT:
FRANCIS
1 THE SECRETARY, THALIKKULAM GRAMA PANCHAYATH, NH 66,
THALIKKULAM, THRISSUR DISTRICT - 689 569.
SMT.V.ASUSEELA NAIR,
ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION
*ADDL.R2 CONTROL BOARD, DISTRICT OFFICE, THRISSUR.
*(ADDL.R2 IS SUO MOTU IMPLEADED AS PER THE ORDER
DATED 24.09.2021)
BY ADVS.
S.U.NAZAR
K.V.SASIDHARAN
SRI.T.NAVEEN, SC FOR ADDL.R2
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Cont.Case (Civil) No.337 of 2021
2
ALEXANDER THOMAS, J.
===========================
Cont.Case (Civil) No.337 of 2021
[arising out of the judgment dated
13.08.2020 in W.P(C) No.16220/2020]
===========================
Dated this the 24th day of September, 2021
JUDGMENT
The above contempt of court case has been filed by respondent No.4
in W.P(C) No.16220/2020 alleging non-compliance of the directions and
orders passed by this Court in Annexure-1 judgment dated 13.08.2020 in
the said W.P(C). It has to be borne in mind that Annexure-1 judgment has
been rendered by this Court not at the instance of the present petitioner
herein, who is only arrayed as R4 in the said W.P(C), but at the instance of
one Sri.Shameer, who is the proprietor of the unit concerned.
2. Heard Sri.Rajit, learned counsel appearing for the petitioner in
the contempt case/R4 in the W.P(C), Sri.S.U.Nazar, learned counsel
appearing for the Thalikkulam Grama Panchayat for R1 and Sri.T.Naveen,
learned Standing Counsel for the Kerala State Pollution Control Board
appearing for additional R2.
3. Now, it is brought to the notice of this Court that,
R2-Environmental Engineer, Kerala State Pollution Control Board has
Cont.Case (Civil) No.337 of 2021
filed an affidavit dated 17.09.2021 in this case, wherein it has been stated
that all the directions issued by this Court in Annexure-1 judgment, other
than direction No.2 therein in the matter of lifting the stop memo issued
as against the writ petitioner, has been complied with by the
Environmental Engineer.
4. Sri.T.Naveen, learned Standing Counsel appearing for the
2nd respondent-Environmental Engineer would point out that none other
than the Unit proprietor, who is the writ petitioner, had made an
application of consent for operating the Unit and the 2 nd respondent was
constrained to return back the consent application to cure certain defects
and the writ petitioner has not so far re-submitted the consent application
after curing the defects and that, immediately after receipt of the
re-submitted consent application after curing all the defects, the same will
be considered and decision taken thereon, in accordance with law. It is
also to be borne in mind that the person, who may be aggrieved by the
non-issuance of the consent, is not the present petitioner who is only R4
in the W.P(C), but the writ petitioner who is not a party in this contempt
proceeding. Therefore, there is no necessity for this Court to keep this
contempt petition pending. Immediately after the writ petitioner
re-submits the consent application after curing all the defects, the
Cont.Case (Civil) No.337 of 2021
2nd respondent-Environmental Engineer, will ensure that the same is
considered and orders passed thereon, in accordance with law, without
much delay and thereafter, it is for the 1 st respondent-Panchayat Secretary
to take further steps in the matter.
With these observations and directions, the above Contempt Case
(Civil) will stand disposed of.
Sd/-
ALEXANDER THOMAS
JUDGE
vgd
Cont.Case (Civil) No.337 of 2021
APPENDIX OF CON.CASE(C) 337/2021
PETITIONER'S ANNEXURE
ANNEXURE 1 TRUE COPY OF THE JUDGMENT DATED 13/08/2020
IN WP(C) NO.16220/2020 OF THIS COURT.
RESPONDENTS'S ANNEXURES
ANNEXURE R2(A) TRUE COPY OF THE LETTER DATED 15.03.2021
SUBMITTED BY THE WRIT PETITIONER.
ANNEXURE R2(B) TRUE COPY OF THE COMMUNICATION DATED
16.03.2021 ISSUED BY THE 2ND RESPONDENT.
ANNEXURE R2(C) TRUE COPY OF THE COMMUNICATION DATED
23.03.2021 ISSUED BY THE 2ND RESPONDENT TO
THE WRIT PETITIONER.
ANNEXURE R2(D) TRUE COPY OF THE COMMUNICATION DATED
23.03.2021 ISSUED BY THE 2ND RESPONDENT TO
THE PETITIONER IN THE CONTEMPT CASE.
ANNEXURE R2(E) TRUE COPY OF THE COMMUNICATION DATED
16.03.2021 ISSUED BY THE 2ND RESPONDENT TO
THE PANCHAYAT SECRETARY.
ANNEXURE R2(F) TRUE COPY OF THE INTERIM ORDER DATED
26.03.2021 IN W.P(C)NO.8082/2021 OF THIS
COURT.
ANNEXURE R2(G) TRUE COPY OF THE COMMUNICATION DATED
12.04.2021 ISSUED BY THE 2ND RESPONDENT TO
THE WRIT PETITIONER.
ANNEXURE R2(H) TRUE COPY OF THE COMMUNICATION DATED
19.07.2021 ISSUED BY THE 2ND RESPONDENT TO
THE PANCHAYAT SECRETARY.
