High Court of KeralaWP(C)/27233/2015disposed of

M.M.Mujeeb v. Environment Engineer

2015-09-09Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 9TH DAY OF SEPTEMBER 2015/18TH BHADRA, 1937 WP(C).No. 27233 of 2015 (D) ------------------------------------------ PETITIONER(S) :

-------------------------- M.M.MUJEEB, AGED 38 YEARS, S/O. IYMU KUNJU, MALAYAKKUDI HOUSE, PONJASSERI P.O, ERNAKULAM DISTRICT.

BY ADV. SRI.E.S.M.KABEER RESPONDENT(S) :

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

1. ENVIRONMENT ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, ERNAKULAM-II, PERUMBAVOOR, 1ST FLOOR, MANNA RESIDENCY, M.C ROAD, PERUMBAVOOR.

2. VENGOLA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VENGOLA P.O, ERNAKULAM DISTRICT- 683 554.

R1 BY ADV. SRI. M.AJAY, S.C THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 27233 of 2015 (D) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- EXHIBIT P1:

TRUE COPY OF THE BUILDING PERMIT DATED 03-03-2014 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2:

TRUE COPY OF THE CONSENT DATED 15-01-2014 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3:

TRUE COPY OF THE SITE AND SERVICE PLAN.

EXHIBIT P4:

TRUE COPY OF THE ACKNOWLEDGMENT DATED 30-04-2013. EXHIBIT P5:

TRUE COPY OF THE SANITATION CERTIFICATE DATED 13-02-2013 ISSUED BY THE HEALTH OFFICER.

EXHIBIT P6:

TRUE COPY OF THE NO OBJECTION CERTIFICATE WAS ISSUED BY THE ASSISTANT DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, ERNAKULAM DATED 04-03-2013.

EXHIBIT P7:

TRUE COPY OF THE CONSENT LETTER DATED 09-03-2012. EXHIBIT P8:

TRUE COPY OF THE NOTICE DATED 16-06-2015.

EXHIBIT P9:

TRUE COPY OF THE REPRESENTATION DATED 24-06-2015 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT(S)' EXHIBITS :

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

Msd.

A.MUHAMED MUSTAQUE, J.

------------------------------------- W.P.(C)No.27233 of 2015 ---------------------------------- Dated this the 9th day of September, 2015.

J U D G M E N T

The petitioner, aggrieved by a direction to stop the construction activities, issued by the Pollution Control Board, has approached the 1st respondent by Ext.P9 to stop the proceedings initiated by Ext.P8. In that view of the matter, this Court is of the view that, there shall be a direction to the 1st respondent to consider Ext.P9, after hearing the petitioner within 3 weeks of receipt of copy of this judgment.

Sd/- A.MUHAMED MUSTAQUE, Judge.

ami/ //True copy// P.A.to Judge