High Court of KeralaWP(C)/26865/2015disposed of

Binukumar.P v. Venganoor Grama Panchayat

2015-09-07Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 7TH DAY OF SEPTEMBER 2015/16TH BHADRA, 1937 WP(C).No. 26865 of 2015 (G) -------------------------------------- PETITIONER:

--------------------- BINUKUMAR.P AGED 43 YEARS S/O. PARAMESWARAN NADAR, B.S. PALACE, MULLUVILA THEKKETHIL VENGANOOR P.O., THIRUVANANTHAPURAM BY ADVS.SRI.C.A.CHACKO SMT.C.M.CHARISMA SMT.MEGHA K.XAVIER RESPONDENTS:

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

VENGANOOR GRAMA PANCHAYAT REPRESENTED BY SECRETARY, VENGANOOR THIRUVANANTHAPURAM - 695 523 2.

THE SECRETARY, VENGANOOR GRAMA PANCHAYAT, VENGANOOR, THIRUVANANTHAPURAM - 695 523 3.

KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, PLAMOODU JUNCTION PATTOM P.O., THIRUVANANTHAPURAM - 695 004 4.

ANILKUMAR, S/O. SASIDHARAN, MEMBER OF WARD NO. 14 VENGANOOR GRAMA PANCHAYAT, RESIDING AT THEKKEVILAKATH MELE VEEDU VENGANOOR P.O., THIRUVANANTHAPURAM - 695 523 5.

SHEELA, AMARIVILAVEEDU, UCHAKKADA, VENGANOOR P.O., THIRUVANANTHAPURAM - 695 523 6.

SUNDARESAN, AMARIVILA, UCHAKKADA, VENGANOOR P.O., THIRUVANANTHAPURAM - 695 523 R3 BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 26865 of 2015 (G) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1TRUE COPY OF DECISION DATED 4.5.2013 OF PANCHAYAT COMMITTEE P2TRUE COPY OF INTEGRATED LICENSE DATED 23.08.2013 ISSUED BY POLLUTION CONTROL BOARD P3TRUE COPY OF DECISION TAKEN BY THE PANCHAYAT COMMITTEE ON 27.08.2013 P4TRUE COPY OF ORDER IN I.A. 36/2014 DATED 22.4.2014 AND 22.5.2014 OF AIR (PREVENTION AND CONTROL OF POLLUTION) APPELLATE AUTHORITY P5TRUE COPY OF ORDER OF TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS DATED 8.12.2014 P6TRUE COPY OF JUDGMENT DATED 4.3.2015 IN W.P.(C). NO. 35098/2014 P7TRUE COPY OF PROCEEDINGS DATED 5.5.2015 OF THIRD RESPONDENT P8TRUE COPY OF DECISION TAKEN BY COMMITTEE OF 1ST RESPONDENT ON 23.05.2015 P9TRUE COPY OF JUDGMENT DATED 28.05.2015 IN W.A. NO. 829/2015 P10TRUE COPY OF APPEAL NO.

561/2015 FILED BEFORE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS (THOUGH IT WAS FILED AS REVISION PETITION, IT IS NUMBERED AS APPEAL) P11TRUE COPY OF ORDER DATED 15.06.2015 IN APPEAL NO. 561/2015 P12TRUE COPY OF NOTICE DATED 22.08.2015 ISSUED BY THE 2ND RESPONDENT P13TRUE COPY OF JUDGMENT DATED 27.7.2015 IN CON. CASE (C) NO. 984/2015 P14TRUE COPY OF COMMUNICATION DATED 28.07.2015 OF THIRD RESPONDENT P15TRUE COPY OF SHOW CAUSE NOTICE DATED 22.08.2015 ISSUED BY THE THIRD RESPONDENT RESPONDENT(S)' EXHIBITS:-NIL --------------------------------------- /TRUE COPY/ P.A.

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 26865 OF 2015 ---------------------------------------- Dated this the 7th day of September, 2015

JUDGMENT

The petitioner is aggrieved by Ext. P12 notice issued by the second respondent and Ext. P15 notice issued by the third respondent even while Ext. P10 appeal filed against Ext. P8 is pending consideration. Ext. P10 appeal has been filed before the Tribunal against Ext. P8 decision refusing to issue licence to conduct a pig farm. 2.

It is open to the petitioner to apply for appropriate interim reliefs in Ext. P10 appeal even against Exts. P12 and P15 notices. Any motion made in that regard within two weeks from today shall be dealt with by the Tribunal by four weeks therefrom. 3.

The petitioner is also permitted to independently challenge Ext. P15 notice before the appellate authority. An appeal lies under the Air (Prevention and Control of Pollution) Act, 1981. The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS