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High Court of KeralaWP(C)/1421/2012closed

Philip Kuruvilla v. State Of Kerala

2015-05-28Honourable Smt. Justice P.V.Asha5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE SMT. JUSTICE P.V.ASHA THURSDAY, THE 28TH DAY OF MAY 2015/7TH JYAISHTA, 1937 WP(C).No. 1421 of 2012 (C) --------------------------- PETITIONER:

------------------- PHILIP KURUVILLA, AGED 66 YEARS S/O.KURUVILLA, URUMBIL HOUSE, KALLORKULAM P.O. AKALAKUNNAM VILLAGE, AKALAKUNNAM, KOTTAYAM DIST-686503 BY ADV. SRI.SURIN GEORGE IPE RESPONDENT(S):

----------------------------

1. STATE OF KERALA REP.BY ITS SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMETN SECRETARIAT, THIRUVANANTHAPURAM -1

2. THE DISTRICT COLLECOTR, COLLECTORATE, KOTTAYAM -1

3. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, KOTTAYAM DISTRICT OFFICE, ST.ANTONY'S COMPLEX, NAGAMPADOM KOTTAYAM-1

4. THE DISTRICT MEDICAL OFFICER(HEALTH) DISTRICT HOSPITAL BUILDINGS, K.K.ROAD, KOTTAYAM -1

5. AKALAKUNAM GRAM APANCHAYATH REP.BY ITS SECRETARY GRAMA PANCHAYATH OFFICE MANALUMKAL P.O.

KOTTAYAM - 686503

6. SECRETARY, AKALAKUNAM GRAMA PANCHAYATH GRAMA PANCHAYATH OFFIE, MANALUMKAL P.O.

KOTTAYAM-686503

7. KOZHUVANAL CRUSHING ENTERPRISES KOZHUVANAL P.O., 686521, AKALAKUNNAM VILLAGE AKALAKUNNAM , KOTTAYAM DIST REP.BY ITS MANAGING PARTNER, GEORGE JOSEPH.

R3 BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD R7 BY ADV. SRI.K.B.GANGESH R7 BY ADV. SMT.SMITHA CHATHANARAMBATH R5 TO R6 BY ADV. SRI.ALEX.M.SCARIA R1,R2 & R4 BY GOVERNMENT PLEADER SRI. NOUSHAD THOTTATHIL BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 1421 of 2012 APPENDIX PETITIONER(S) EXHIBITS EXT.P1:- PHOTOGRAPHS SHOWING THE STRUCTURES AND SURROUNDINGS, EXT.P1(A):- PHOTOGRAPHS SHOWING THE STRUCTURES AND SURROUNDINGS, EXT.P1(B)- PHOTOGRAPHS SHOWING THE STRUCTURES AND SURROUNDINGS, EXT.P2:- PHOTOGRAPHS SHOWING PROXIMITY OF THE STRUCTURES AND THE UNIT WITH THE PUBLIC ROAD AND STOCKING OF MATERIALS OF ROAD, EXT.P2(A):- PHOTOGRAPHS SHOWING PROXIMITY OF THE STRUCTURES AND THE UNIT WITH THE PUBLIC ROAD AND STOCKING OF MATERIALS OF ROAD, EXT.P2(B):- PHOTOGRAPHS SHOWING PROXIMITY OF THE STRUCTURES AND THE UNIT WITH THE PUBLIC ROAD AND STOCKING OF MATERIALS OF ROAD, EXT.P3:- TRUE COPY OF THE REPRESENTATION DTD NIL FILED BEFORE THE RESPONDENT 5 & 6 EXT.P4:- TRUE COPY OF THE REPRESENTATION DTD NIL FILED BEFORE THE 3RD RESPONDENT.

EXT.P5:- TRUE COPY OF THE INFORMATIN NO.PCB/KTM/E-191/06/RTI-129/2011 DTD 25/11/2011 EXT.P6:- TRUE COPY OF THE INFORMATION NO.A1.3924/11 DTD 15/12/2011 EXT.P7:- TRUE COPY OF THE CIRCULAR NO.PCB/TAC/ST.CR.COM/65/2005 DTD 24/11/2009.

EXT.P8:

COPY OF INFORMATION ISSUED BY RESPONDENTS 5 AND 6 ON 23.7.2012 RESPONDENTS' EXHIBITS :

EXT.R6(A):

COMMUNICATION OF CORRIGENDUM DATED 6/2/2012 IN RESPECT OF EXHIBIT P6, TO THE PETITIONER BY THE 6TH RESPONDENT EXT.R7(A):

COPY OF THE CERTIFICATE OF REGISTRATION AS SMALL SCALE INDUSTRY BY DEPARTMENT OF INDUSTRIES DATED 30.12.1989.

WP(C).No. 1421 of 2012 EXT.R7(B) :COPY OF THE CONSENT ISSUED BY THE POLLUTION CONTROL BOARD DATED 22.8.2012.

EXT.R7(C):

COPY OF THE LICENCE ISSUED BY THE PANCHAYATH DATED 22.6.2011.

EXT.R7(D):

COPY OF THE LICENCE ISSUED BY THE PANCHAYATH DATED 3.9.2012 /TRUE COPY/ P.A. TO JUDGE

P.V.ASHA, J.

=================== W.P.(C). No.1421 OF 2012 ======================= Dated this the 28th day of May, 2015

JUDGMENT

The petitioner approached this court against the 7th respondent who is running a stone crusher unit, alleging that the same is being operated without a license or necessary permission from the Pollution Control Board. Serious allegations are levelled against the 7th respondent in operating the stone crushing unit in a strictly populated area alleging various illegalities in the running of the crusher unit.

2.

Panchayath as well as the 7th respondent have filed a counter affidavit. The counter affidavit filed by the 7th respondent shows that licence has been issued from time to time by the Panchayath, as evident from Ext.R7(c) and R7(d). As far as the clearance from Pollution Control Board is concerned, 7th respondent has produced Ext.R7(b) granting consent to the 7th respondent for a period up to 30.6.2015.

3.

I heard the learned counsel appearing on either side. The apprehension of the petitioner is that the 7th respondent is running the crusher unit without necessary permit and clearance from the statutory authorities. In the event of any such occasion,

W.P.(C). No.1421 OF 2012 2 it is up to the petitioner to approach the appropriate authorities. In case there is no permit for functioning of the unit, there is no reason for me to assume that the statutory authorities like respondents 2,3 and 6, will not take appropriate action as per rules or that the authorities will grant permit without complying with the statutory formalities.

Accordingly this writ petition is closed.

Sd/- P.V.ASHA, JUDGE SKV