Sasidharan vs The Kerala State Pollution ...
2022 Latest Caselaw 387 Ker

WP(C) No.1001/2022                       1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
            Thursday, the 13th day of January 2022 / 23rd Pousha, 1943
                            WP(C) NO. 1001 OF 2022(A)
   PETITIONER:

          SASIDHARAN, AGED 69 YEARS , S/O. KUTTAN PILLAI, KALEECKAL HOUSE,
          THEKKEKARA VILLAGE, MAVELIKARA, ALAPPUZHA-690 101

   RESPONDENT:

      1. THE KERALA STATE POLLUTION CONTROL BOARD, PATTOM P.O,
         THIRUVANANTHAPURAM-695 004, REPRESENTED BY ITS CHAIRMAN.
      2. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD,
         DISTRICT OFFICE, KOLLAM 691 001.
      3. THE SOORANAD NORTH GRAMA PANCHAYAT, SOORANAD NORTH P.O, KUNNATHOOR
         VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT-690 561, REPRESENTED BY
         ITS SECRETARY.
      4. THE SECRETARY, SOORANAD NORTH GRAMA PANCHAYAT, SOORANAD NORTH P.O,
         KUNNATHOOR VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT-690 561

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to issue an interim direction directing the respondents 3 and 4 to
   permit the petitioner to install the machineries enabling him to establish
   the hot mix plant and to function the unit in the light of Ext.P14
   circular, pending disposal of this Writ Petition (Civil).
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.S.SHANAVAS KHAN & S.INDU, Advocates for the petitioner, the court
   passed the following:
 WP(C) No.1001/2022                           2/3




                                 ANU SIVARAMAN, J.
                     -----------------------------------------------
                             W.P.(C) No.1001 of 2022
                     -----------------------------------------------
                     Dated this the 13th day of January, 2022

                                      ORDER

Admit.

Heard the learned counsel for the petitioner and the learned

counsel appearing for respondents 1 and 2 as well as the learned

counsel appearing for respondents 3 and 4.

2. There will be a direction to the 4 th respondent to take

up Exts.P7 and P9 applications submitted by the petitioner and to

consider and pass orders on the same, after hearing the

petitioner and after considering his contentions, within a period of

two weeks from the date of receipt of a copy of this order.

The contention of the petitioner on the strength of the

judgment of the Division Bench of this Court in Jolly George v.

George Elias and Associates [2022 (1) KLT 8] as well as

Ext.P14 circular shall also be duly considered by the Secretary

while considering the applications.

Sd/-

                                                        ANU SIVARAMAN
                                                           JUDGE
        bpr




13-01-2022                     /True Copy/                             Assistant Registrar
 WP(C) No.1001/2022                 3/3

                      APPENDIX OF WP(C) 1001/2022
Exhibit P7           TRUE COPY OF THE APPLICATION DATED NIL.
Exhibit P9           TRUE COPY OF THE APPLICATION DATED 07.12.2021 SUBMITTED

BY PETITIONER BEFORE 4TH RESPONDENT.

Exhibit P14 TRUE COPY OF THE CIRCULAR NO. PCB/HO/CIRCULAR/2015(4) DATED 01.10.2015.