N.J.Antony vs State Of Kerala
2022 Latest Caselaw 11124 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
   SATURDAY, THE 19TH DAY OF NOVEMBER 2022 / 28TH KARTHIKA, 1944
                    WP(C) NO. 21929 OF 2015
PETITIONER/S:

            N.J.ANTONY
            AGED 49 YEARS
            S/O JOSEPH, PROPRIOTER, NELMAS INDUSTRIES AND JOB
            WORKS, KOLLASSERY ROAD WEST END, PALLURUTHY,
            KOCHI-682 006, RESIDING AT NELLIKKAL HOUSE,
            PERUMPADAPPU, KOCHI-682 006
            BY ADV SRI.B.RAMACHANDRAN

RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED BY ITS SECRETARY , DEPARTMENT FO
            INDUSTRIES, GOVERNMENT SECRETARIAT,
            THIRUVNANTHAPURAM-695 001
    2       KERALA STATE POLLUTION CONTROL BOARD
            DISTRICT OFFICE, GANDHI NAGAR, ERNAKULAM -682
            020, REPRESENTED BY ITS CHIEF ENVIRONMENTAL
            ENGINEER
OTHER PRESENT:

            GP : Sri Sangeeth C.V; SC- Sri Biju Manikoth


     THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION    ON   19.11.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                2



W.P.C. NO. 21929 OF 2015




                            MOHAMMED NIAS C.P., J
                   ..........................................................
                           W.P.C. NO. 21929 OF 2015
                   ............................................................
                     Dated this the 19th day of November, 2022


                                      JUDGMENT

The Writ Petition is filed with the following prayers in the year 2015:-

(i) issue a writ of certiorari or any other appropriate writ, direction or order and call for all records leading to Ext. P7 and scrutinize the same and quash Ext. P7 to the extent allowing the petitioner to use 15 HP Power load only holding that the petitioner cannot do the business using only 15 HP power load.

ii) issue a writ in the nature of mandamus or any other appropriate writ, direction or order directing the 2 nd respondent to issue a fresh consent letter permitting the petitioner to use 20 HP power load in his unit.

iii) allow the cost of this writ petition ; and

iv) allow any other writ, direction or order which this Hon'bl;e Court deem fir and proper to grant in the facts and circumstances of the above case.

2. The learned Standing Counsel for the Pollution Control Board submits that if the petitioner makes a fresh application for

W.P.C. NO. 21929 OF 2015

the permission to use 20 HP power instead of 15 HP power allotted under Ext. P7, they will take a fresh decision, in accordance with law. This is recorded.

3. This Writ Petition is accordingly disposed of directing the petitioner to make a fresh application within three weeks from today before the 2nd respondent, seeking permission to use a power load of 20 HP or according to the requirements, in which case the 2nd respondent will take appropriate decision, after hearing the petitioner in accordance with law, without delay.

This Writ Petition is disposed of as above.

Sd/- MOHAMMED NIAS C.P. JUDGE ani/

/true copy/

W.P.C. NO. 21929 OF 2015

APPENDIX OF WP(C) 21929/2015

PETITIONER EXHIBITS EXT.P1: A TRUE COPY OF THE ORDER DT. 9/4/01 CORPORATION OF KOCHI EXT.P2: A TRUE COPY OF THE CERTIFICATE DT. 21/5/13 ISSUED TO THE PETITIONER FROM DEPARTMENT INDUSTRIES EXT.P3: A TRUE COPY OF THELICENSE DT. 23/3/12 EXT.P4: A TRUE COPY OF TH E ONLINE REGISTRATION RECEIPT DT. 27/2/15 EXT.P5: A TRUE COPY OF APPLICATION DT. 5/3/15 ALONG WITH AFFIDAVIT EXT.P6: A TRUE COPY OF THE NOTICE DT. 11/5/15 ISSUED BY THE 2ND RESPONDENT EXT.P7: A TRUE COPY OF CERTIFICATE DT. 24/6/15 ISSUED BY THE 2ND RESPONDENT