Muhammed Kutty vs The Environmental Engineer, ...
2022 Latest Caselaw 6123 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                      WP(C) NO. 33859 OF 2014
PETITIONER:

            MUHAMMED KUTTY
            AGED 42 YEARS
            S/O. KUNJIKAMMU, KUTTIPURATH HOUSE,
            THOZHANOOR VIA, RANDATHANI.P.O.,
            MALAPPURAM DISTRICT-676510.

            BY ADVS.
            SRI.K.A.SHAMSUDEEN
            SRI.K.J.MOHAMMED ANZAR

RESPONDENTS:

            THE ENVIRONMENTAL ENGINEER,
            KERALA STATE POLLUTION CONTROL BOARD
            DISTRICT OFFICE, MALAPPURAM, 19/269A,
            PERINTHALMANNA ROAD, KUNNUMMAL.P.O.,
            MALAPPURAM-676505.

            BY ADVS.
            SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL
            BOARD
            SRI. T.NAVEEN , SC, KERALA STATE POLLUTION CONTROL
            BOARD


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   01.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.33859/2014

                                     2




                      P.V.KUNHIKRISHNAN, J.
                       --------------------------------
                      W.P.(C).No.33859 of 2014
                ----------------------------------------------
               Dated this the 01st day of June, 2022


                              JUDGMENT

This writ petition is filed with following prayers:

i. Call for the record leading to the issue of Ext. P5 issued by the respondent, Environmental Engineer, Kerala State Pollution Control Board, District Office, Malappuram and to quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction by declaring that the same was issued illegally and arbitrarily. ii. Issue such other and further writs, orders or directions as this Hon'ble Court may deems fit and proper in the facts and circumstances of the case.

(SIC)

2. When this writ petition came up for consideration

on 16.12.2014, this Court passed the following order:

"Admit. Standing Counsel takes notice. There shall be an interim order as prayed for. W.P.(C).No.33859/2014

The respondent is directed to furnish details of the complainant before this Court.

The petitioner shall implead the complainant in Ext.P5."

3. The petitioner has not taken steps to implead the

complainant in Ext.P5. Even though an application was filed,

the same was not moved. This writ petition is pending before

this Court for the last 8 years. The main grievance of the

petitioner is that Ext.P5 is an order passed without giving an

opportunity of hearing to the petitioner. This Court already

stayed that order. At this distance of time, the continuance of

Ext.P5 may not be justifiable. Ext.P5 can be set aside. There

can be a direction to the respondent to reconsider the matter

after affording an opportunity of hearing to the petitioner and

the complainant in Ext.P5.

Therefore, this writ petition is disposed of in the

following manner:

1. Ext.P5 is set aside.

2. The respondent is directed to reconsider the

matter after giving an opportunity of hearing

to the petitioner and the complainant in Ext.P5 W.P.(C).No.33859/2014

(Abdul Majeed), as expeditiously as possible, at

any rate, within one month from the date of

receipt of a copy of this judgment.

2. I make it clear that I have not considered the

matter on merit and I set aside Ext.P5 only for

the reason that it is passed without hearing to

the petitioner.

3. If the Unit is not functioning now, the

respondent need not do anything unless there

is complaint from any parties.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.33859/2014

APPENDIX OF WP(C) 33859/2014

PETITIONER EXHIBITS P1. TRUE COPY OF THE CONSENT LETTER DATED 7-4-2014 GIVEN BY NEOGBOURS OF THE PETITIONERS WOODEN FURNITURE UNIT. P2. TRUE COPY OF THE LICENSE NO.

141/19/1 ISSUED BY THE KALPAKANCHERI GRAMA PANCHAYATH TO THE PETITIONER. P3. TRUE COPY OF THE ACKNOWLEDGMENT DATED 31-3-2014 ISSUED BY THE GENERAL MANAGERE, DISTRICT INDUSTRIES CENTRE, MALAPPURAM TO THE PETITIONER.

P4. TRUE COPY OF THE LICENSE DATED 6- 3-2014 ISSUED BY THE DFO NILAMBUR TO THE PETITIONER.

P5. TRUE COPY OF THE NOTICE DATED 10- 10-2014 ISSUED TO THE PETITIONER BY THE RESPONDENT, ENVIRONMENTAL ENGINEER, DIST. OFFICE, KERALA STATE POLLUTION CONTROL BOARD, MALAPPURAM.