Shafeek.H v. Kerala State Pollution Control Board

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 29TH DAY OF JUNE 2015/8TH ASHADHA, 1937 WP(C).No. 19451 of 2015 (F) ----------------------------------------- PETITIONER(S) :

-------------------------- SHAFEEK.H, PROPRIETOR, M/S.SHAFEEK & CO., BUILDING NO.EL XXXII/355, OPP. P & T QUARTERS, STADIUM WARD, ALAPPUZHA- 688 001.

BY SRI.JOSEPH KODIANTHARA (SENIOR ADVOCATE) ADVS.SRI.V.ABRAHAM MARKOS SRI.BINU MATHEW SRI.TOM THOMAS (KAKKUZHIYIL) SRI.ABRAHAM JOSEPH MARKOS SRI.ISAAC THOMAS SRI.NOBY THOMAS CYRIAC RESPONDENT(S) :

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

1. KERALA STATE POLLUTION CONTROL BOARD, ALAPPUZHA DISTRICT OFFICE, THONDANKULANGARA, THATHAMPALLY P.O., ALAPPUZHA 688 013 THROUGH ENVIRONMENTAL ENGINEER.

2. ALAPPUZHA MUNICIPALITY, ALAPPUZHA- 688 001, REPRESENTED BY ITS SECRETARY.

R1 BY ADV. SRI. M.AJAY, S.C, R2 BY ADV. SRI.AZAD BABU, S.C THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 19451 of 2015 (F) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE 1ST RESPONDENT , VALID TILL 30.06.20.15.

EXHIBIT P1(A): TRUE COPY OF THE APPROVED PLAN OF THE EFFLUENT TREATMENT PLANT.

EXHIBIT P1(B): TRUE COPIES OF THE NO OBJECTIONS OBTAINED FOR THE PETITIONERS UNIT FROM ITS IMMEDIATE NEIGHBOURS. EXHIBIT P2:

TRUE COPY OF THE RECEIPT DATED 18.02.2015 EVIDENCING PAYMENT OF FEES TO THE 1ST RESPONDENT.

EXHIBIT P3:

TRUE COPY OF THE LATEST KVAT RETURN FILED BY THE PETITIONER.

EXHIBIT P4:

TRUE COPY OF THE LATEST INCOME TAX RETURN FILED BY THE PETITIONER FOR AY 2014-15.

EXHIBIT P5:

TRUE COPY OF THE ON-LINE REGISTRATION OF APPLICATION FOR RENEWAL OF CONSENT AND ACKNOWLEDGMENT OF FEES DATED 20.06.2015.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 19451 of 2015 (F) ------------------------------------------ Dated this the 29th day of June, 2015

J U D G M E N T

The petitioner is aggrieved with the non-consideration of Ext.P5, an application for renewal of consent to operate a Unit engaged in the business of storage of raw hide and skins, which the petitioner is said to have applied for. The application was within time during the validity of the earlier consent on 20.06.2015.

2.

In such circumstances, the application of the petitioner shall be considered after affording an opportunity of hearing to the petitioner, and a decision shall be taken within a period of two weeks from the date of receipt of a certified copy of this judgment, if necessary after conducting a physical inspection. If there is any objection raised, the objectors also shall be heard. If a decision is not taken within two weeks, then the petitioner can continue to

W.P.(C) No. 19451/2015 -2operate its Unit after the expiry of the said period, till orders are passed and the issue will then be governed by such orders.

The writ petition is disposed of.

Sd/- K.VINOD CHANDRAN, JUDGE jjj