M/S. E.G.Granites v. The District Environmental Engineer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 22ND DAY OF JULY 2015/31ST ASHADHA, 1937 W.P(C)No.22022 of 2015(C) PETITIONER:

1.

M/S. E.G.GRANITES, MALAMEL, PERUMANNOOR P.O., KOTTARAKKARA KOLLAM, REPRESENTED BY ITS MANAGING PARTNER ELDHO KURIAN.

2.

SMT.SOSAMMA VARGHESE E.G.GRANITE CRUSHER, MALAMEL, PERUMANNOOR P.O. KOTTARAKKARA, KOLLAM.

BY ADV.SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENTS:

1.

THE DISTRICT ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, KERALA STATE POLLUTION CONTROL BOARD, USHAS BUILDING, BIG BAZAR, KOLLAM - 691001.

2.

THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS CHAIRMAN, PATTOM P.O., TRIVANDRUM - 695004.

BY SRI.M.R.ARUNKUMAR, SC, POLLUTION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.07.2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: [P.T.O]

W.P(C)No.22022/15(C) APPENDIX PETITIONER'S EXHIBITS EXT.P1:

TRUE COPY OF THE LICENSE DT.2.11.1995 ISSUED BY THE EDUMULAKKAL GRAMA PANCHAYAT EXT.P2:

TRUE COPY OF THE RELEVANT PAGES OF RENEWED CONSENT TO OPERATE ISSUED UPTO 30.06.2012 EXT.P3:

TRUE COPY OF THE LETTER ISSUED TO THE PETITIONER NOTIFYING THE DEFECTS AND CALLING FOR ITS CORRECTION. EXT.P4:

TRUE COPY OF THE INFORMATION BY THE PETITIONER TO THE 1ST RESPONDENTS EXT.P5:

TRUE COPY OF THE NOC DT.2.2.2013 ISSUED BY THE DISTRIC MEDICAL OFFICER, KOLLAM EXT.P6:

TRUE COPY OF THE NOC DT.30.01.2013 ISSUED BY THE FIRE & RESCUE SERVICES, KOLLAM EXT.P7:

TRUE COPY OF THE LICENSE DT.29.10.2014 ISSUED UNDER THE FACTORIES & BOILERS ACT EXT.P8:

TRUE COPY OF THE NOCs GIVEN BY THE IMMEDIATE NEIGHBOURS OF THE PETITIONER EXT.P9:

TRUE COPY OF THE INTIMATION DATED 28.5.2015 BY THE 1ST RESPONDENT EXT.P10:

TRUE COPY OF THE REPLY DATED 10.06.2015 TO EXT.P9 BY THE PETITIONER EXT.P11:

TRUE COPY OF THE ACKNOWLEDGEMENT OF EXT.P10 EXT.P12:

TRUE COPY OF APPLICATION DT.25.06.2015 BY THE PETITIONER EXT.P13:

TRUE COPY OF THE ACKNOWLEDGEMENT OF EXT.P12.

RESPONDENTS' EXHIBITS:

Nil //TRUE COPY// PA TO JUDGE PtK/

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 22022 of 2015 (C) ------------------------------------------ Dated this the 22nd day of July, 2015

J U D G M E N T

The petitioner is aggrieved with the non-consideration of the renewal of a consent to operate a crusher unit, which the petitioner is said to have applied for.

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 month from the date of receipt of the certified copy of this judgment, if necessary after conducting a physical inspection. If there is any objection raised, the objectors also shall be heard.

The writ petition is disposed of.

Sd/- K.VINOD CHANDRAN, JUDGE jjj