Sadhanandhan K.G v. The Kerala State Pollution Control Board
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 13TH DAY OF AUGUST 2015/22ND SRAVANA, 1937 WP(C).No. 23818 of 2015 (B) ---------------------------- PETITIONER:
------------------ SADHANANDHAN K.G., AGED 49 YEARS S/O.GOPALAN K.N., KAIPELLIKUDY HOUSE, METHALA P.O. PERUMBAVOOR - 683 545.
BY ADVS.SRI.S.RENJITH SRI.S.UNNIKRISHNAN (NELLAD) RESPONDENTS:
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1. THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE (ERNAKULAM - II), 1ST FLOOR, MANNA RESIDENCY M.C.ROAD, PERUMBAVOOR, ERNAKULAM PIN - 683 542.
2. SENIOR TOWN PLANNER, OFFICE OF THE TOWN PLANNING DEPARTMENT, 4TH FLOOR, CIVIL STATION, KAKKANAD - 682 030.
3. ASAMANNOOR GRAMA PANCHAYATH, ASAMANNOOR P.O., ERNAKULAM, PIN - 683 549 REPRESENTED BY ITS SECRETARY.
4. THANSEEL P.A., PROPRIETOR M/S.TAJ PLY AND BOARDS S/O.ABDUL RAHMAN K., PLACKAL HOUSE, MUDICKAL P.O. PERUMBAVOOR, ERNAKULAM - 683 545.
R4 BY ADVS. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH SRI.ADARSH KUMAR SRI.BIJU VARGHESE ABRAHAM R2 BY GOVERNMENT PLEADER SRI. S. JAMAL R1 BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 23818 of 2015 (B) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 COPY OF THE CONSENT ISSUED BY THE 1ST RESPONDENT TO THE 4TH RESPONDENT DATED 01-08-2012 EXHIBIT P2 COPY OF THE COMPLAINT DATED 01-01-2015 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT EXHIBIT P3 COPY OF THE JUDGMENT DATED 23-02-2015 OF THIS HON'BLE COURT IN W.P(C) 5664 OF 2015 EXHIBIT P4 COPY OF THE INSPECTION REPORT DATED 12-03-2015,REGIONAL TOWN PLANNING OFFICER, CIVIL STATION, ERNAKULAM RESPONDENT(S)' EXHIBITS --------------------------------------- NIL //TRUE COPY// P.A. TO JUDGE JJJ
K. VINOD CHANDRAN, J.
------------------------------------------ W.P.(C) No. 23818 of 2015 (B) ------------------------------------------ Dated this the 13th day of August, 2015
J U D G M E N T
The petitioner is aggrieved with the carrying on of a plywood unit by the 4th respondent. It was earlier challenged by way of another writ petition, which was disposed of by Ext.P3, without hearing the 4th respondent herein, who was the 4th respondent there also. 2.
In fact, the learned Single Judge who disposed of Ext.P3 did not pass any order adverse to the 4th respondent and merely directed that the Senior Town Planner and the Panchayath would consider and pass orders on the complaint made by the petitioners therein, after getting report from the Pollution Control Board. It was also directed that the Pollution Control Board would forward the report after a local inspection. The Panchayath is said to be seized of the matter, but however no action has been taken
W.P.(C) No. 23818/2015 -2and in the meanwhile the 'consent to operate' issued by the Pollution Control Board has duly expired on 30.06.2015. 3.
The learned counsel for the 4th respondent would submit that the 4th respondent has made an application well within time for renewal of the consent which has not been done till date.
4.
In such circumstance, the Pollution Control Board shall carry out the inspection as to the operation of the ply wood unit and then consider the renewal application. The same shall be done within a period of three weeks from the date of receipt of the certified copy of this judgment. The inspection shall be carried on with notice to the petitioner herein and in his presence. The Pollution Control Board would definitely look into all aspects while considering the renewal application, as also Ext.P4 report.
W.P.(C) No. 23818/2015 -3Writ Petition would stand disposed of leaving open the contentions of both parties Sd/- K.VINOD CHANDRAN, JUDGE jjj