Shaju v. Alagappanagar Grama Panchayath Council
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 2ND DAY OF SEPTEMBER 2015/11TH BHADRA, 1937 WP(C).No. 25699 of 2015 (J) ---------------------------- PETITIONER(S):
----------------- SHAJU, AGED 44 YEARS S/O. CHOONDAKATTIL DEVASSY, PUDUKKAD MUKUNDAPURAM TALUK, THRISSUR-680 301.
BY ADVS.SRI.PRAVEEN K. JOY SRI.NIXON PAUL RESPONDENT(S):
------------------
1. ALAGAPPANAGAR GRAMA PANCHAYATH COUNCIL ALAGAPPANAGAR P.O., THRISSUR REPRESENTED BY ITS PRESIDENT.
2. THE SECRETARY ALAGAPPANAGAR GRAMA PANCHAYATH, ALAGAPPANAGAR P.O. THRISSUR.
3. THE CHAIRMAN AIR AND WATER APPELLATE AUTHORITY DEVI KRIPA BUILDING, TC 13/29(8), 2ND FLOOR KANNAMMOOLA, PETTAH, THIRUVANANTHAPURAM-695 024.
4. ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, THRISSUR 680 301
5. THE GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY MINI CIVIL STATION, THRISSUR-680 020.
6. SENIOR TOWN PLANNER SENIOR TOWN PLANNING OFFICE, THRISSUR - 680 301.
7. STATE IMPACT ENVIRONMENTAL ASSESSMENT AUTHORITY KERALA, REPRESENTED BY ITS CHAIRMAN, PALLIMUKKU PETTA P.O., THIRUVANANTHAPURAM - 695 001
WP(C)NO.25699/2015 : 2 :
8. REVENUE DIVISIONAL OFFICER THRISSUR DISTRICT - 680 301
9. TAHSILDAR MUKUNDAPURAM TALUK, THRISSUR - 680 301
10. ALPHONSA JAMES PROPRIETOR, KUNDUPARAMBIL METAL PRODUCTS, MANAMPETTA VARAKKARA P.O., AMBALLUR, THRISSUR-682 035.
R2 BY ADV. SRI.K.S.BHARATHAN R2 BY ADV. SMT.S.ANJUSHA R4 BY ADV. SRI.B.C.MENON R10 BY ADV. SRI.T.M.CHANDRAN R BY SENIOR GOVERNMENT PLEADER SMT.ANITHA RAVINDRAN. R BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 25699 of 2015 (J) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- P1 : COPY OF THE CERTIFICATE ISSUED BY ASSISTANT INDUSTRIES OFFICER, MUKUNDAPURAM.
P2 : COPY OF THE CONSENT TO OPERATE DTD.18.3.2013 AND VALID UPTO 30.6.2015 OF THE KERALA STATE POLLUTION CONTROL BOARD. P3 : COPY OF THE BUILDING PERMIT DTD.17.12.2014 OF THE ALAGAPPANAGAR GRAMA PANCHAYATH.
P4 : COPY OF THE PLAN SUBMITTED BY THE 10TH RESPONDENT BEFORE THE POLLUTION CONTROL BOARD.
P5 : THE PETITIONER IS PRODUCING THE TRUE PHOTOCOPY OF THE LETTER DTD.13.5.2015 OF DISTRICT COLLECTOR, THRISSUR. P6 : COPY OF THE LETTER DTD.28.7.2015 OF THE PANCHAYATH DIRECTOR, TRIVANDRUM.
P7 : COPY OF THE POSSESSION CERTIFICATE DTD.11.2.2015 OF AMBALLUR VILLAGE.
P8 : COPY OF THE APPEAL PETITION BEFORE THE 1ST RESPONDENT. P9 : COPY OF THE OBJECTION BEFORE THE 2ND RESPONDENT. P10 : COPY OF THE CONSENT TO ESTABLISH GRANTED TO 10TH RESPONDENT BY THE POLLUTION CONTROL BOARD.
P11 : COPY OF THE NOTICE DTD.1.6.2015 ISSUED TO DISTRICT COLLECTOR, THRISSUR.
P12 : COPY OF THE APPEAL BEFORE THE 3RD RESPONDENT. P13 : COPY OF THE LETTER DTD.12.6.2015 OF SALE TAX OFFICE, IRINJALAKUDA. P14 : COPY OF THE CIRCULAR DTD.24.11.2009 OF THE POLLUTION CONTROL BOARD.
RESPONDENT(S)' EXHIBITS : NIL.
------------------------------- //TRUE COPY// P.S. TO JUDGE.
V.CHITAMBARESH, J.
--------------------- W.P (C) No.25699 of 2015 --------------------- Dated this the 2nd day of September, 2015
J U D G M E N T
The petitioner confines his relief to an early consideration of Ext.P9 objection filed to Ext.P3 permit and Ext.P12 appeal filed against Ext.P10 consent.
2. I direct the second respondent to consider Ext.P9 objection filed to Ext.P3 permit within a period of one month. Needless to say that the petitioner, tenth respondent and other affected parties shall be put on notice and heard in the exercise.
3. There will also be a direction to the third respondent to dispose of Ext.P12 appeal filed against Ext.P10 consent within a period of two months. The petitioner, the tenth respondent and other affected parties shall be put on notice and heard in the exercise.
The Writ Petition is disposed of.
Sd/- V.CHITAMBARESH, Judge.
nj.