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High Court of KeralaWP(C)/32490/2015disposed of

Manoj Mathew v. Kerala State Pollution Control Board

2015-10-27Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937 WP(C).No. 32490 of 2015 (I) ---------------------------- PETITIONER :

---------------------- MANOJ MATHEW CHIRAKKAL HOUSE, KUMILY P.O., CHELIMADA - 685509.

BY ADVS.SMT.A.K.PREETHA SRI.C.ANIL KUMAR RESPONDENT(S) :

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

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

2. THE ENVIRONMENTAL ENGINEER THE KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, IDUKKI, ESSAREN BUILDINGS AANAKOODU JUNCTION, THODUPUZHA, IDUKKI - 685584. R1 & R2 BY ADV. SRI. M.AJAY, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 32490 of 2015 (I) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

--------------------------------------- EXT. P1TRUE COPY OF ORDER NO.B2- 11614/2011-12 DATED 1/2012. EXT. P2TRUE OCPY OF THE LICENSE ISSUED UNDER THE KERALA PANCHAYAT RAJ (ISSUE OF LICENSE TO DANGEROUS AND OFFENSIVE TRADES AND FACTORIES) RULES, 1996 FOR THE YEAR 2012-13.

EXT. P3TRUE COPY OF THE RECEIPT ACKNOWLEDGING THE RECEIPT OF APPLICATION FOR LICENSE.

EXT. P4TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA. EXT. P5TRUE COPYOF THE NOTICE NO.A-1-8822/15 DATED 17.9.2015 ISSUED BY THE SECRETARY TO THE PETITIONER.

EXT. P6TRUE COPY OF THE APPEAL FILED BY THE PETITIONER AGAINST EXHIBIT P5.

EXT. P7TRUE COPY OF HTE NOTICE DATED 5.10.2015 ISSUED BY THE 2ND RESPONDENT.

EXT. P8TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXT. P9TRUE COPY OF THE APPLICATION FOR CONSENT FILED BY THE PETITIONER.

RESPONDENT(S)' EXHIBITS : NIL --------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 32490 of 2015 ================== Dated this the 27th day of October, 2015

J U D G M E N T

The petitioner is operating Hollow bricks unit. The petitioner has been served with Ext.P7 notice issued by the Pollution Control Board. Thereafter the petitioner has applied for consent from the Pollution Control Board. Ext.P9 is the application. The petitioner apprehends that action will be initiated pursuant to Ext.P7 notice.

2.

Considering the facts and circumstances, there shall be a direction to the 2nd respondent to take a decision on Ext.P9 within one month from the date of receipt of the copy of this judgment. Till a decision is taken on Ext.P9, no coercive steps shall be taken against the petitioner pursuant to Ext.P7. The writ petition is disposed of, as above.

Sd/- sab A.MUHAMED MUSTAQUE, JUDGE