Kerala High Court
Brmsco Garments Private Ltd vs Kerala State Pollution Control Board on 3 April, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
Wednesday, the 3rd day of April 2024 / 14th Chaithra, 1946
WP(C) NO. 37693 OF 2023(J)
PETITIONER:
BBRMSCO GARMENTS PRIVATE LTD., ONAKUR VILLAGE, PAMPAKUDA GRAMA
PANCHAYATH, ERNAKULAM DIST. REPRESENTED BY ITS MANAGING DIRECTOR
M.P.SATHEESAN., PIN - 686667
RESPONDENTS:
1. KERALA STATE POLLUTION CONTROL BOARD, PATTOM P.O., TRIVANDRUM,
REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM, PIN -
695004
AND 3 OTHERS
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to
1. Stay the operation of Ext.P11 and all further proceedings
thereto, pending disposal of the writ petition;
2. Stay the operation of Ext.P18 judgment and all further
proceedings thereto, till the disposal of the above writ petition;
3. Issue a writ declaring that the Tribunal ought to have closed the
complaint on receipt of Exhibit P9 and P9(a) reports, till the disposal of
the above writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
27-03-2024 and upon hearing the arguments of M/S. PHILIP J.VETTICKATTU,
NEENU BERNATH, SAJU S. DOMINIC, Advocates for the petitioner,
SRI.T.NAVEEN, STANDING COUNSEL, for the 1st respondent, GOVERNMENT PLEADER
for the 2nd respondent, DEPUTY SOLICITOR GENERAL OF INDIA for the 3rd
respondent, M/S. P.B.SAHASRANAMAN, T.S.HARIKUMAR, SANAND RAMAKRISHNAN,
Advocates for the 4th respondent and of SRI. KESHAV RAJ NAIR, ADVOCATE
COMMISSIONER (B/o.), the court passed the following:
P.T.O
GOPINATH P., J
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WP(C) No.37693 of 2023
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Dated this the 3rd day of April, 2024
ORDER
Having heard the learned Counsel appearing for
the petitioner, the learned Standing Counsel appearing
for the State Pollution Control Board, the learned
Government Pleader appearing for the 2 nd respondent
and the learned Counsel appearing for the 4 th
respondent and taking into the consideration of the
submission of the learned Counsel for the 4 th
respondent that the report filed by the State Pollution
Control Board stating that the noise pollution levels
are within the prescribed limits, is absolutely
incorrect, I am inclined to appoint an Advocate
Commissioner to inspect the factory of the petitioner
Company together with the officials of the 1st
respondent State Pollution Control Board and to file a
report regarding the noise pollution levels in the
factory of the petitioner. Since the factory is stated to
be functioning around the clock, the Advocate
Commissioner shall ensure that the monitoring is done
once during day time and once during night time. The
Advocate Commissioner shall also ensure that the
factory is functioning at the time when the levels are
measured as directed above.
2. Advocate Keshav Raj Nair, (Ph:-
9895787163) is appointed as the Advocate
Commissioner for the above purposes. The
Advocate Commissioner shall give notice of his
inspection to the Counsel appearing for the
respective parties in this Court. The petitioner shall
pay a sum of Rs.60,000/- to the Advocate
Commissioner. The petitioner shall also make
arrangement for the travel of the Advocate
Commissioner.
Post on 22.05.2024. Interim order is extended
till then.
Sd/-
GOPINATH P.
JUDGE
S.M.K.
03-04-2024 /True Copy/ Assistant Registrar
