High Court of KeralaWP(C)/7292/2014disposed of

Shibu Jose v. State Of Kerala

2015-01-136 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 WP(C).No. 7292 of 2014 (J) --------------------------- PETITIONER :

--------------------- SHIBU JOSE S/O.JOSE, AGED 32 YEARS RESIDING AT THANIKKUNNEL HOUSE, RANDAR KARA RANDAR KARA P.O., MUVATTUPUZHA VILLAGE AND TALUK ERNAKULAM DISTRICT, PIN CODE - 686 673.

BY ADV. SRI.PEEYUS A. KOTTAM RESPONDENT(S) :

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

1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT SECRETARIAT, ANNEXE, TRIVANDRUM 695 001.

2. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM, COCHIN - 682 030.

3. CHIEF ENVIORNMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD REGIONAL OFFICE, ERNAKULAM, CIVIL STATION KAKKANAD, COCHIN - 682 030.

4. ENVIORNMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, PERUMBAVUR - 683533.

5. REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA, ERNAKULAM DISTRICT PIN CODE - 686 673.

6. THE VILLAGE OFFICER, VILLAGE OFFICE, MUVATTUPUZHA ERNAKULAM DISTRICT, PIN CODE - 686 673.

...2/-

WP(C).No. 7292 of 2014 (J) -2-

7. AVOLI GRAMA PANCHAYATH, AVOLII, PINCODE - 686 673, MUVATTUPUZHA ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY.

8. M/S. ISRAH TIMBER IDUSTRIES RANDAR KARA, RANDAR KARA P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT, PINCODE - 686 673 REPRESENTED BY ITS PROPRIETOR K.A. SIDDIQUE.

R1, R2, R5 & R6 BY GOVT. PLEADER SRI. G. GOPAKUMAR R3 & R4 BY ADV. SRI. M.AJAY, SC R7 BY ADV. SRI.K.S.ARUN KUMAR R8 BY ADVS. SRI.SABU THOZHUPPADAN SMT.P.M.JINIMOL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/-

WP(C).No. 7292 of 2014 (J) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1 TRUE COPY OF THE REPORT DATED 27-08-2013 SUBMITTED BY VILLAGE OFFICER, MUVATTUPUZHA TO THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA.

EXHIBIT P2 TRUE COPY OF THE CIRCULAR NO. PCB/TAC/18/2004 DATED 09-8-2004 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD. EXHIBIT P3 TRUE COPY OF CONSENT TO ESTABLISH NO. PCB/EKM.DO2/IAE-103/2012 DATED 03-09-2012 ISSUED BY THE POLLUTION CONTROL BOARD TO THE 8TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE MASS PETITION SUBMITTED BY THE PEOPLE IN THE LOCALITY TO THE HONOURABLE CHIEF MINISTER OF KERALA AND OTHERS.

RESPONDENT(S)' EXHIBITS : NIL ----------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn

K. SURENDRA MOHAN,J.

------------------------------- W.P(C) NO. 7292 OF 2014 ---------------------------------- Dated this the 13th January, 2015.

JUDGMENT

The petitioner has filed this writ petition challenging a proposal of the 8th respondent to establish a saw mill in a property close to his residential house. The petitioner has also challenged Ext.P3 consent to establish that has been issued by the fourth respondent. The contention of the counsel for the petitioner is that, no licence under Section 233 of the Kerala Panchayat Raj Act, 1994 has been issued for installation of the machinery. They have submitted Ext.P4 to the third respondent pointing out that Ext.P3 consent has been issued in violation of the circular issued by the Pollution Control Board. According to the counsel Shri. Peeyus A.Kottam it is sufficient that Ext.P4 is directed to be considered by the third respondent. The counsel for the 8th

WPC 7292/2014 respondent is also agreeable to the said course.

2. In view of the above this writ petition is disposed of directing the third respondent to consider Ext.P4 petition submitted by the petitioner in accordance with law and to pass appropriate orders thereon, after affording an opportunity of being heard to the petitioner, as well as respondents 7 and 8 and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of three weeks of the date of receipt of a copy of this judgment. The interim order granted in this writ petition shall continue to be in force until orders are passed on Ext.P4 in accordance with the above direction.

Sd/- K. SURENDRA MOHAN Judge jj /True copy/

WPC 7292/2014