High Court of KeralaWP(C)/39253/2015disposed of

P.Hajira v. District Collector, Kannur

2015-12-22Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 WP(C).No. 39253 of 2015 (F) ---------------------------- PETITIONER(S):

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1. P. HAJIRA, D/O.MOIDEEN, AGED 60 YEARS, VANKULATH VAYAL, P.O. AZHIKODE, KANNUR-9.

2. T. SAHIDA, THAYAKATH HOUSE, VANKULATH VAYAL, P.O. AZHIKODE, KANNUR.

BY SRI.M.RAMESH CHANDER, SENIOR ADVOCATE.

ADVS. SRI.ANEESH JOSEPH, SMT.DENNIS VARGHESE.

RESPONDENT(S):

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1. DISTRICT COLLECTOR, COLLECTORATE, KANNUR- 670 001.

2. INDIAN OIL CORPORATION LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, KOZHIKODE DIVISIONAL OFFICE, PMK TOWERS, WAYANAD ROAD, KOZHIKODE- 20.

3. KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, 6TH FLOOR, RUBCO HOUSE, SOUTH BAZAR, KANNUR- 670 002.

4. SREEJITH, DEALER, INDIAN OIL PETROL PUMP, VANKULATH VAYAL, AZHIKODE, KANNUR-9.

R1 BY GOVT. PLEADER SMT.C.K. SHERIN.

R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R3 BY ADV. SRI.B.PRASANTH, SC.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 39253 of 2015 (F) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 PHOTOSTAT COPY OF THE APPLICATION FILED BY SHAFEEQUE T DATED 29-08-2013.

EXHIBIT P2 PHOTOSTAT COPY OF THE COMMUNICATION GIVEN TO SHAFEEQUE ON 15-10-2013.

EXHIBIT P3 A PHOTOSTAT COPY OF THE REPRESENTATION GIVEN PETITIONERS ALONG WITH OTHERS BEFORE THE 2ND RESPONDENT.

EXHIBIT P4 THE PHOTOSTAT COPY OF THE APPLICATION FILED BEFORE THE POLLUTION CONTROL BOARD DATED 14-02-2014.

EXHIBIT P5 PHOTOSTAT COPY OF THE JUDGMENT IN WP(C).NO. 13341/2014 DATED 20-10-2014.

EXHIBIT P6 PHOTOSTAT COPY OF THE NOTICE SEND BY THE PETITIONERS TO THE RESPONDENTS.

EXHIBIT P7 PHOTOSTAT COPY OF THE NOTICE DATED 18-09-2015 ISSUED BY 1ST RESPONDENT.

EXHIBIT P8 PHOTOSTAT COPY OF THE COMMUNICATION ISSUED BY 3RD RESPONDENT DATED 24-11-2015 ALONG WITH THE DOCUMENTS. RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 39253 of 2015 ================== Dated this the 22nd day of December, 2015

J U D G M E N T

The petitioner challenges Ext.P8 consent issued by the Pollution Control Board.

This Court is of the view that the petitioner has in a remedy before the Appellate Tribunal. If the petitioner approaches the Appellate Tribunal, the same shall be considered within three months after issuing notice to all concerned. Therefore with a liberty to challenge the consent before the Appellate Tribunal, the writ petition is disposed of.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE

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