M/S. Kinattukara Metal Crusher v. The Environmental Engineer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 29TH DAY OF SEPTEMBER 2015/7TH ASWINA, 1937 WP(C).No. 28330 of 2015 (M) ---------------------------- PETITIONER :

--------------------- M/S. KINATTUKARA METAL CRUSHER CHENGARA P.O., PULLUMEDU, UDUMBANCHOLA REPRESENTED BY ITS MANAGING PARTNER K.J.THOMAS BY ADVS.SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH RESPONDENT(S) :

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

1. THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, IDUKKI, ESSAREN BUILDING AANAKOODU JUNCTION, THODUPUZHA, IDUKKI-685584.

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

R1 & R2 BY ADV. SRI. M.AJAY, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 28330 of 2015 (M) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1.

TRUE COPY OF CONSENT TO OPERATE ISSUED BY THE RESPONDENTS TO THE PETITIONER UNIT.

EXT. P2.

TRUE COPY OF NOC DATED 5-2-2015 ISSUED BY THE DISTRICT MEDICAL OFFICER TO THE PETITIONER UNIT.

EXT. P3.

TRUE COPY OF LICENSE ISSUED BY THE FACTORIES& BOILERS DEPARTMENT TOTHE PETITIONER UNIT.

EXT. P4.

TRUE COPY OF LICENSE DATED 10-4-2015 ISSUED BY THE AYYAPPANKOVIL PANCHAYAT.

EXT. P5.

TRUE COPY OF CERTIFICATE OF REGISTRATION DATED 14-5-2015 ISSUED BY THE TAX AUTHORITIES.

EXT. P6.

TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY THE DEPARTMENT OF MINING & GEOLOGY.

EXT. P7.

TRUE COPY OOF ACKNOWLEDGMENT ISSUED FROM THE OFFICE OF THE DISTRICT INDUSTRIES CENTRE, IDUKKI.

EXT. P8.

TRUE COPY OF NOTICE DATED 31-8-2015 ISSUED BY THE 1ST RESPONDENT.

EXT. P9.

TRUE COPY OF LETTER DATED 7-9-2015 SUBMITTED BY THE PETITIONER REQUESTING TIME.

EXT. P10.

TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER FOR CONSENT TO OPERATE THE REPLACED MACHINES.

EXT. P11.

TRUE COPY OF DEMAND DRAFT FOR RS. 70,000/- DATED 15-9-2015 GIVEN BY THE PETITIONER ALONG WITH EXT.P10.

EXT. P12.

TRUE COPY OF OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

EXT. P13.

TRUE COPY OF LIST OF SURVEY NUMBERS WHICH ARE INCLUDED AS ESA OBTRAINED FROM THE WEBSITE OF THE BIO-DIVERSITY BOARD. EXT. P14.

TRUE COPY OF NOTIFICATION DATED 10-3-2014 ISSUED BY THE MINISTRY OF ENVIRONMENT AND FOREST.

EXT. P15.

TRUE COPY OF NOTIFICATION DATED 4-9-2015 ISSUED BY THE MINISTRY OF ENVIRONMENT AND FOREST.

EXT. P16.

TRUE COPY OF JUDGMENT DATED 2-9-2015 IN WPC NO. 19618/2015. RESPONDENT(S)' EXHIBITS : NIL --------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.28330/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 29th Day of September, 2015

J U D G M E N T

The writ petition is closed leaving open all the issues. Sd/- (A.MUHAMED MUSTAQUE, JUDGE) ms \\True copy// P.S to Judge