Ramakrishnan vs Kerala State Pollution Control ...
2022 Latest Caselaw 7983 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                     WP(C) NO. 14644 OF 2013
PETITIONER/S:

            RAMAKRISHNAN
            AGED 53 YEARS
            S/O.APPUNNI NAIR, KAKKATTIRI
            HOUSE,KANJIKUZHINGARA, KLARI POST,
            MALAPPURAMDISTRICT PIN: 676 501.
            BY ADV SRI.T.M.RAMAN KARTHA

RESPONDENT/S:

    1       KERALA STATE POLLUTION CONTROL BOARD
            REPRESENTED BY ITS SECRETARY, OFFICE OF
            THEPOLLUTION CONTROL BOARD, THIRUVANANTHAPURAM
            695001
    2       ENVIRONMENTAL ENGINEER
            KERALA STATE POLLUTION CONTROL BOARD, DISTRICT
            OFFICE, 19/269 A, PERINTHALMANNA ROAD,UP HILL
            P.O., MALAPPURAM - 676 505.
    3       DIVISIONAL FOREST OFFICER NILAMBUR NORTH DIVISION
            NILAMBUR POST MALAPPURAM DISTRICT - 679 329
    4       GENERAL MANAGER DISTRICT INDUSTRIES CENTRE
            MALAPPURAM - 676 505.
    5       PERUMANNAKLARI GRAMA PANCHAYATH REPRESENTED BY ITS
            SECRETARY OFFICE OF THE PERUMANNAKLARI
            GRAMAPANCHAYATH, CHETTIYAMKINAR, MALAPPURAM
            DISTRICT676 501.
    6       THE PRESIDENT PERUMANNAKLARI GRAMA PANCHAYATH
            CHETTIYAMKINAR, MALAPPURAM DISTRICT - 676 501
            BY ADV SRI.JAMSHEED HAFIZ


     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   29.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.14644/2013

                                     2




                      P.V.KUNHIKRISHNAN, J.
                       --------------------------------
                      W.P.(C).No.14644 of 2013
                ----------------------------------------------
               Dated this the 29th day of June, 2022


                              JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of certiorari calling for the records of this case leading to Ext.P9 order and quash the same.

ii. Pass such other and further orders which are deemed to be necessary in the circumstances of this case.

(SIC)

2. When this writ petition came up for consideration,

the learned Standing Counsel for the 1st respondent submitted

that consent to operate already issued to the petitioner is

already expired on 30.06.2014. The learned counsel for the

petitioner submitted that this Court passed an order on

24.06.2013, which is extracted hereunder:

"The petitioner can approach the Panchayat for necessary permission to conduct works in his unit for the purpose of implementing the directions issued by the Pollution Control Board, as per Exhibit P8. If W.P.(C).No.14644/2013

such an application is made, the same shall be considered and appropriate orders shall be passed thereon, within a period of one week."

Now it is clear that the consent to operate is already

expired. After getting consent to operate from the 1 st

respondent, the petitioner can approach the other statutory

authorities to get licence.

With the above observation, this writ petition is closed.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.14644/2013

APPENDIX OF WP(C) 14644/2013

PETITIONER EXHIBITS EXT.P-1 TRUE COPY OF THE BUILDING PERMIT SO ISSUED BY THE 5TH RESPONDENT IN FAVOUR OF THE PETITIONER EXT.P-2 TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE POLLUTION CONTROL BOARD TO THE PETITIONER'S UNIT.

EXT.P-3 TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE 5TH RESPONDENT ON 11.10.2011 EXT.P-4 TRUE COPY OF THE RECEIPT DATED 16.3.13 ISSUED BY THE 5TH RESPONDENT ON RECEIPT OF PROPERTY TAX FROM THE PETITIONER EXT.P-5 TRUE COPY OF THE LICENCE DATGED 16.4.2013 ISSUED BY THE 3RD RESPONDENT.

EXT.P-6 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 25.4.2013 ISSUED BY THE 4TH RESPONDENT.

EXT.P-7 TRUE COPY OF THE APPLICATION FOR MODIFICATION OF LICENCE AS A WOOD BASED INDUSTRIAL UNIT ON 25.4.2013. EXT.P-8 TRUE COPY OF THE LETTER DATED 3.6.2013 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXT.P-9 TRUE COPY OF THE ORDER DATED 6.6.2013 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

EXT.P-10 TRUE COPY OF THE DISCHARGE S8UMMARY ISSUED TO THE PETITIONER FROM THE KASTURBA HOSPITAL MANIPAL, KARNATAKA IN THE YEAR 1998.