Biser v. The District Collector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 WP(C).No. 9914 of 2010 (L) --------------------------- PETITIONER:

-------------------- BISER.C, AGED 38 YEARS, S/O.MAMMADEESA HAJI, RESIDING AT CHUKKAN HOUSE PANAMARAM VILLAGE, P.O.PANAMARAM, MANANTHAVADY TALUK WAYANAD DISTRICT.

BY ADVS.SRI.GEORGE THOMAS (MEVADA)(SR.) SRI.MANU GEORGE KURUVILLA RESPONDENTS:

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

1. THE DISTRICT COLLECTOR, WYNAD, WAYANAD DISTRICT.

2. THE VILLAGE OFFICER, PANAMARAM VILLAGE, MANANTHAVADY, WAYANAD DISTRICT.

3. PANAMARAM GRAMA PANCHAYATH, P.O.PANAMARAM, REP.BY SECRETARY (SPECIAL GRADE). ADDL. 4TH RESPONDENT THE KERALA STATE POLLUTION CONTROL BOARD, REP. BY ASST. ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, KALPETTA R1 & 2 BY GOVERNMENT PLEADER SRI. S. JAMAL R3 BY ADV. SRI.MANOJ RAMASWAMY ADDL.R4 BY ADV. SRI.JOICE GEORGE, SC, KERALA STATE POLLUTION CONTROL BOARD ADV. SMT.P.K.RADHIKA ADDL.R4 IMPLEADED AS PER ORDER IN I.A. 4557/2010 DT. 6.7.2010 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 9914 of 2010 (L) APPENDIX PETITIONER'S EXHIBITS P1 TRUE PHOTOCOP OF THE TRUE PHOTOCOPY OF THE PERMISSION ISSUED BY PCB P2 TRUE PHOTOCOPY OF THE LICENSE ISSUED BY THE 3RD RESPNDENT P3 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 23.11.2009 P4 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE FIRST RESPONDENT DATED 1.12.2009 P5 TRUE PHOTOCOPY OF THE ISSUED BY THE 3RD RESPONDENT DATED 03.02.2010 P6 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 02.02.2010 P7 TRUE PHOTOCOPY OF THE PROCEEDINGS OF R4 DATED 04.03.2010 P8 TRUE PHOTOCOPY OF THE REPLY TO EXT.P7 P8A PHOTOGRAPH OF THE SITE WITH THE COMPOUND WALL P9 TRUE PHOTOCOPY OF THE PERMISSION ISSUED BY THE 4TH RESPNDENT DATED 16.04.2010 P10 TRUE PHOTOCOPY OF THE COMMUNICAITON DATED 14.05.2010 P11 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 22.05.2010 RESPONDENT'S EXHIBITS NIL //TRUE COPY// P.A. TO JUDGE JJJ

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 9914 of 2010 (L) ------------------------------------------ Dated this the 11th day of August, 2015

J U D G M E N T

The petitioner is aggrieved with the fact that the petitioner's bone and skin collecting unit had been refused permission to operate by Exts.P5 and P6 orders of the Panchayath and the District Collector. The petitioner, on a subsequent consent issued by the Kerala State Pollution Control Board, has approached this Court producing the same and amending the writ petition.

2.

The relief sought for in the writ petition is to set aside Exts.P5, P6 and P10, issued by the Panchayath. Exts.P5 and P6 are not liable to be interfered with, especially since the Panchayath has considered the application again, as per Ext.P10, after the consent. But, whatever the Panchayath had sought for in Ext.P10 would have to be satisfied by the petitioner. In the context of a consent having been issued by the Pollution Control Board,

W.P.(C) No. 9914/2010 -2after Exts.P5 and P6, what is required is for the petitioner to approach the appropriate authority for a license to operate. The writ petition, however, need not be kept pending.

The writ petition would stand dismissed, sustaining Exts.P5 and P6, but, however, not restricting the petitioner's right to make an application on the basis of the consent issued subsequently, which definitely would have to be considered by the appropriate authority, in accordance with law as of now.

Sd/- K.VINOD CHANDRAN, JUDGE jjj