The High Court of Karnataka treated an impugned closure order as a show-cause notice, granting the petitioner liberty to file objections with a deadline for the respondent Board to consider them within four weeks.
Annexure-A treated as show-cause notice; liberty granted to file objections within 4 weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR P.S.DINESH KUMAR, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA WRIT PETITION NO. 1061 OF 2024 (GM-POL)
BETWEEN:
Digitally signed by ANUSHA V Location: HIGH COURT OF KARNATAKA
SRI. MOHAMMED FAISAL THOTA S/O SRI. HAMID THOTA AGED ABOUT 46 YEARS PROPRIETOR M/S. TAWAKKAL FISH TRADERS SY NO.88/1E1P2, PADU VILLAGE BEACH ROAD, KAUP TALUK UDUPI DISTRICT …PETITIONER
(BY SHRI. D. NAGARAJ, ADVOCATE FOR SHRI. NAIK NARAYAN MASTAPPA, ADVOCATE)
AND:
UDUPI-576 101 …RESPONDENTS
(BY SHRI. S.S. MAHENDRA, GOVERNMENT ADVOCATE’ FOR R1 & R5; SHRI. A. MAHEH CHOWDARY, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT AS THIS COURT DEEMS FIT QUASHING THE IMPUGNED CLOSURE ORDER DATED 22/09/2023 BEARING NO.PCB/ENF/SEO-ENF/CMP/CLOSURE ORDER-WPC/2023-24/222 ISSUED BY THE 2ND RESPONDENT-BOARD VIDE ANNEXURE-A AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING , THIS DAY, CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER
Shri A.Mahesh Chowdhary, learned Standing Counsel accepts notice for respondent No.2-KSPCB1 .
1 Karnataka State Pollution Control Board
weeks. Till such time, closure order shall remain in force.
No costs.
Sd/CHIEF JUSTICE
Sd/JUDGE
YN
List No.: 1 Sl No.: 81
1 issue framed by the court
Whether the closure notice issued by the respondent board can be treated as a show-cause notice allowing the petitioner to file objections.
SRI. MOHAMMED FAISAL THOTA S/O SRI. HAMID THOTA
STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF ENVIRONMENT
KARNATAKA STATE POLLUTION CONTROL BOARD
P.S.DINESH KUMAR
T.G. SHIVASHANKARE GOWDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
