Bright'S Equipments vs Kerala State Pollution Control ...
2022 Latest Caselaw 467 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
     THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
                         WP(C) NO. 30022 OF 2021
PETITIONER:

              BRIGHT'S EQUIPMENTS,
              SRM ROAD, KOCHI-12,
              REPRESENTED BY ITS MANAGING PARTNER
              P.C. JACOB, AGED 70, S/O. PINAKKATTU (H),
              PACHALAM P.O, KOCHI, PIN 682 012.

              BY ADVS.
              J.JULIAN XAVIER
              FIROZ K.ROBIN
              ROY JOSEPH
              JOSE. V.V. (THENGATHARA)
              ANIES MATHEW



RESPONDENTS:

     1        KERALA STATE POLLUTION CONTROL BOARD,
              REPRESENTED BY ITS SECRETARY,
              PLAMOODU-THEKKAMOODU RD, PATTOM,
              THIRUVANANTHAPURAM, PIN 695 004.

     2        THE ENVIRONMENTAL ENGINEER,
              KERALA POLLUTION CONTROL BOARD,
              DISTRICT OFFICE 1, ERNAKULAM,
              GANDHI NAGAR, KOCHI 682 020.

     3        SMT. SANTHAMANI P.L,
              CHUNGATH (H), SRM ROAD, PACHALAM,
              ERNAKULAM, KOCHI 682 012.

              SRI. T. NAVEEN, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30022 OF 2021
                                   2




                             T.R. RAVI, J.
              --------------------------------------------
                     W. P. (C). No. 30022 of 2021
               --------------------------------------------
               Dated this the 13th day of January, 2022

                             JUDGMENT

The 2nd respondent has issued Ext.P5 to the petitioner directing

to show cause why the consent to operate should not be revoked.

By Ext.P6, the petitioner had requested the 2nd respondent to supply

him with the copy of the complaint submitted by the 3 rd respondent

and a report of the inspection conducted by the Board Officers on

17.11.2021 so that he could give a proper explanation to Ext.P5.

2. When the case was admitted, this Court has passed an

interim direction to the respondents to consider Ext.P6 request and

to grant the copies forthwith.

3. When the case is taken up today, it is submitted that the

copies have not yet been made available. Interest of justice will

suffice, if the writ petition itself is disposed of directing the 2 nd

respondent to issue copies of the documents requested for in Ext.P6

within 3 weeks from the date of receipt of a copy of this judgment WP(C) NO. 30022 OF 2021

and the petitioner shall submit his reply to Ext.P5 within 3 weeks

from the date of receipt of documents from the 2 nd respondent.

Further action based on Ext.P5 will be kept in abeyance till a decision

is taken after receiving the explanations.

Sd/-

T.R.RAVI JUDGE

Pn WP(C) NO. 30022 OF 2021

APPENDIX OF WP(C) 30022/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE ACKNOWLEDGMENT DATED 01.08.2007 ISSUED BY THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTER, ERNAKULAM.

Exhibit P2 TRUE COPY OF THE LATEST RECEIPT OF THE RENEWAL OF THE LICENSE FEE FOR THE PERIOD 2021-2022 DATED 17.03.2021 ISSUED BY THE SECRETARY KOCHI MUNICIPAL CORPORATION.

Exhibit P3 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE RENEWAL ISSUED BY THE SECOND RESPONDENT DATED 07.09.2021.

Exhibit P4 TRUE COPY OF THE BUILDING PERMIT DATED 24.05.2016 ISSUED BY THE ASSISTANT ENGINEER CORPORATION OF KOCHI.

Exhibit P5 TRUE COPY OF THE CONSENT REVOKE INTENTION NOTICE DATED 01.12.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE PETITION DATED 14.12.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.