M/S.Ganapath Metals v. Kerala State Pollution Control Board

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 1ST DAY OF JUNE 2015/11TH JYAISHTA, 1937 WP(C).No.13157 of 2015 (T) -------------------------------------- PETITIONER:

-------------------- BHUVANACHANDRAN NAIR,M/S.GANAPATH METALS, VETTUPURA,CHEERANIKARA P.O.,VEMPAYAM.

BY ADVS.SRI.BECHU KURIAN THOMAS SRI.RONY JOSE RESPONDENT'S:

------------------------- 1.

KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,PATTOM P.O.

THIRUVANANTHAPURAM-695 004, REPRESENTED BY THE ENVIRONMENTAL ENGINEER.

2.

THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,PATTOM P.O., THIRUVANANTHAPURAM-695 004.

R1&R2 BY SRI.M.AJAY,SC,KERALA STATE POLLUTION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.13157 of 2015 (T) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXT.P1:TRUE COPY OF THE CONSENT DATED 19/4/2011 ISSUED BY THE 1ST RESPONDENT VALID TILL 31/12/2013 ISSUED TO THE PETITIONER. EXT.P2:TRUE COPY OF THE APPLICATION DATED 23/12/2013 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXT.P3:TRUE COPY OF THE REPRESENTATION DATED 6/4/2015 GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT.

EXT.P3(a). TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 13157 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 01st day of June, 2015

J U D G M E N T

The petitioner is concerned with the non-consideration of Ext.P2 application. The learned Standing Counsel for the respondent would submit that there are a number of complaints against the conduct of the said quarry. That, however, is not a reason for the respondent to keep Ext.P2 application pending. An order will have to be passed either granting concent or rejecting it, in accordance with law, which shall be passed after giving an opportunity to the petitioner, within a period of four months from today. The complainants if any before the officer shall also be heard before orders are passed.

Writ petition is disposed of.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge