Muraleedhara Mallan vs State Of Kerala
2022 Latest Caselaw 2476 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
                    WP(C) NO.25164 OF 2021
PETITIONERS :-

    1     MURALEEDHARA MALLAN, AGED 60 YEARS
          S/O.NARAYANA MALLAN, KRISHNA NIVAS, NANDANAM (H),
          S.L.PURAM P.O., CHERTHALA, ALAPPUZHA-688 523.

    2     SREENIVAS A.MALLAN, AGED 57 YEARS
          S/O.K.S.ANANTHA MALLAN, "SREEPADAM",
          KUNDALATHU (H), S.L.PURAM P.O., CHERTHALA,
          ALAPPUZHA-688 523.

          BY ADVS.
          V.HARISH
          RAJAN VISHNURAJ


RESPONDENTS :-

    1     STATE OF KERALA,
          REPRESENTED BY THE CHEF SECRETARY, SECRETARIAT,
          THIRUVANANTHAPURAM-695 001.

    2     THE WATER APPELLATE AUTHORITY,
          REPRESENTED BY ITS CHAIRMAN, TRIVENI, POOJAPPURA,
          THIRUVANANTHAPURAM-695 012.

    3     KERALA STATE POLLUTION CONTROL BOARD,
          HEAD OFFICE, PATTOM P.O.,
          THIRUVANANTHAPURAM-695 004,
          REPRESENTED BY ITS CHAIRMAN.

    4     ENVIRONMENTAL ENGINEER,
          KERALA STATE POLLUTION CONTROL BOARD,
          DISTRICT OFFICE, ALAPPUZHA-688 013.

    5     M/S. MUKKATH FUELS,
          N.H.66, S.L.PURAM, KANJIKKUZHI, CHERTHALA,
          ALAPPUZHA DISTRICT-688 523, REPRESENTED BY ITS
          MAANGER/AUTHORIZED PERSON MR.M.B.SAJAN,
          RESIDING AT MUKKATHUTHARA, ELAMKUNNAPUZHA P.O.,
          ERNAKULAM-682 503.

 ADDL.6   BHARAT PETROLEUM CORPORATION LIMITED ,
          KOCHI REFINERY, AMBALA MUGAL, COCHIN - 682 302
 WP(C) NO.25164 OF 2021

                                 -: 2 :-

             REPRESENTED BY ITS GENERAL MANAGER

             [ADDL.R6 IS IMPLEADED AS PER ORDER DATED 21/02/2022
             IN I.A:1/2022 IN WP(C) 25164/21]

             BY ADVS.
             PAULY MATHEW MURICKEN
             ASHA JOSE(K/000598/2017)
             SMT.VINITHA B, SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   04.03.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.25164 OF 2021

                                  -: 3 :-


                             JUDGMENT

Dated this the 4th day of March, 2022

This writ petition is filed seeking the following reliefs :-

"i) Issue a writ of mandamus or any other appropriate writ directing the 2nd respondent to number, consider and dispose of Exhibit P14 appeal in accordance with law within a period of two months.

ii) Stay the operation of Exhibit P3 and P13 till the 2 nd respondent is taking up Exhibit P14 appeal for hearing and passing final orders thereon."

2. Heard the learned counsel for the petitioners, the

learned Government Pleader and the learned Standing Counsel

appearing for the Pollution Control Board as well as the learned

counsel appearing for the contesting respondents.

3. It is the specific contention of the petitioners that the

appeal preferred by the petitioners before the 2nd respondent has

not been finally considered and orders passed. It is submitted that

the failure on the part of the appellate authority to consider the

appeal is causing serious prejudice to the petitioners who are

residing very close to the petroleum outlet proposed by the 5 th

respondent. It is submitted that further delay in consideration of

the appeal will render the entire matter infructuous.

4. The learned Government Pleader submits that there are

justifiable reasons for the delay in consideration of the appeal. WP(C) NO.25164 OF 2021

5. The learned counsel appearing for the 5 th respondent

submits that the 5th respondent has already entered appearance

before the appellate authority and that the 5 th respondent may also

be heard while orders are passed.

6. Having considered the contentions advanced, I am of the

opinion that since the appeal preferred by the petitioners is a

statutory appeal under the provisions of the Air (Prevention &

Control of Pollution) Act, 1981 and the Water (Prevention &

Control of Pollution) Act, 1974 and since the contentions raised by

the petitioners are with regard to the distance to be maintained by

the petroleum outlet from the residence of the petitioners, an

appropriate decision has to be taken in the appeal without further

delay.

7. In the above view of the matter, even though there are

contentions raised by the learned Government Pleader with regard

to the reasons for the delay in disposing of the appeal, I am of the

opinion that it cannot stand in the way of the appellate authority

passing orders in accordance with law, after hearing the

contentions of the parties.

There will, accordingly, be a direction to the 2 nd

respondent to take up the appeal preferred by the petitioners and

to consider and pass orders on the same peremptorily within six WP(C) NO.25164 OF 2021

weeks from the date of receipt of a copy of this judgment. The

Government shall consider the request of the petitioners and other

similarly situated litigants with regard to making arrangements for

regular sitting of the appellate authorities under the Air

(Prevention & Control of Pollution) Act, 1981 and the Water

(Prevention & Control of Pollution) Act, 1974 without undue delay.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/7.3.2022 WP(C) NO.25164 OF 2021

APPENDIX OF WP(C) 25164/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE PHOTOCOPY OF THE ORDER DATED 18.01.2019 PASSED BY THE PRINCIPAL BENCH OF THE HON'BLE NATIONAL GREEN TRIBUNAL, NEW DELHI IN OA NO.86 OF 2019.

Exhibit P2 A TRUE PHOTOCOPY OF THE OFFICE MEMORANDUM DATED 07.01.2020 ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD.

Exhibit P3 A TRUE PHOTOCOPY OF THE CONSENT TO ESTABLISH DATED 20.01.2020 GRANTED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT ALONG WITH ITS LOCATION MAP.

Exhibit P4 A TRUE PHOTOCOPY OF THE APPLICATION DATED 15.08.2021 UNDER RTI ACT.

Exhibit P5 A TRUE PHOTOCOPY OF THE REPLY LETTER DATED 29.09.2021 ROM THE 4TH RESPONDENT.

Exhibit P6 A TRUE PHOTOCOPY OF THE APPLICATION DATED 22.08.2020 PREFERRED BY THE 5TH RESPONDENT FOR INTEGRATED CONSENT TO ESTABLISH ALONG WITH AFFIDAVIT AND ADDITIONAL DOCUMENTS.

Exhibit P7 A TRUE PHOTOCOPY OF THE CIRCULAR DATED 24.02.2020 ISSUED BY THE 3RD RESPONDENT.

Exhibit P8 A TRUE PHOTOCOPY OF THE CIRCULAR DATED 18.08.2020 ISSUED BY THE 3RD RESPONDENT.

Exhibit P9 A TRUE PHOTOCOPY OF THE LETTER DATED 28.07.2021 ISSUED BY THE 4TH RESPONDENT TO DISTRICT COLLECTOR.

Exhibit P10 A TRUE PHOTOCOPY OF THE OFFICE MEMORANDUM DATED 29.01.2021 ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD.

Exhibit P11 A TRUE PHOTOCOPY OF THE CIRCULAR DATED 04.02.2021 ISSUED BY THE 3RD RESPONDENT. WP(C) NO.25164 OF 2021

Exhibit P12 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 30.09.2021 PASSED BY THE HON'BLE NATIONAL GREEN TRIBUNAL IN OA NO.186 OF 2021.

Exhibit P13 A TRUE PHOTOCOPY OF THE CONSENT VARIATION ORDER DATED 04.11.2020 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P14 A TRUE PHOTOCOPY OF THE MEMORANDUM OF APPEAL (WITHOUT ANNEXURE) PREFERRED BY THE PETITIONERS BEFORE ETHE 2ND RESPONDENT.

Exhibit P15 A TRUE PHOTOCOPY OF THE GAZETTE NOTIFICATION S.R.O No.764/2016 Envt. DATED 17.12.2016.

Exhibit P16 A TRUE PHOTOCOPY OF THE JUDGMENT IN W.A.No.1738 OF 2021 PASSED BY THIS HON'BLE COURT.