Petitioner challenged issuance of consent to establish a sewage treatment plant without considering his objection. Court directed环保局 to consider petitioner's objection during operative consent application.
Directed second respondent to consider petitioner's objection when application for consent to operate is taken up.
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 KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 15818 of 2011(B) -------------------------PETITIONER(S): ---------------
BINU ABRAHAM ZACHARIAH,VATTAMPARAMBIL HOUSE,NEAR IPC ,KUMBANAD PO,THIRUVALLA PATHANAMTHITTA- 689 547.
BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): ---------------
1. KERALA STATE POLLUTION CONTROL BOARD, REP.BY ITS SECRETARY,PATTOM,THIRUVANANTHAPURAM 695 035.
2. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, KAKKANATTU COMMERCIAL COMPLEX, PATHANAMTHITTA 689 645.
3. THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISION OFFICE, THIRUVALLA 689 101.
4. KOIPURAM GRAMA PANCHAYAT,REP.BY ITS SECRETARY,OFFICE OF THE KOIPURAM GRAMA PANCHAYAT, PULLAD,PIN 689 548.
5. INDIAN PENTECOASTAL CHURCH OF GOD,THE GENERAL COUNCIL OFFICE,HEBRONPURAM,KUMBANAD 689 547,REP.BY ITS DIRECTOR.
ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,POLL.C.BOARD FOR R1&2. GOVT.PLEADER SRI.GEORGE VADAKKEL FOR R3 R4 BY ADV.SRI.JAYAKRISHNAN R5 BY ADVS.SRI.P.HARIDAS,
SRI.S.SIKKY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SU
W.P.C.NO.15818/2011
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
| R2(a): | A COPY OF THE LETTER NO.PCB/PTA/COMP/239/2010 DATED 26/2/2011 ISSUED TO THE GENERAL PRESIDENT, I.P.C BY THE 2ND RESPONDENT. |
|---|---|
| R2(b): | A COPY OF THE LETTER NO.PCB/PTA/COMP/239/2010 DATED 26/2/2011 ISSUED TO SECRETARY, KOIPPURAM GRAMA PANCHAYATH BY THE 2ND RESPONDENT. |
| R2(c): | A COPY OF THE LETTER NO.IPC GEN/513/11 DATED 8/3/2011 FROM THE IPC GENERAL PRESIDENT TO THE 2ND RESPONDENT. |
| R2(d): | A COPY OF THE LETTER NO. IPC GEN/492/11 DATED 6/1/2011, FROM THE IPC GENERAL PRESIDENT TO THE 2ND RESPONDENT. |
| R5(a): | COPY OF THE AGREEMENT DATED 9/12/2010. |
| R5(b): | COPY OF THE DEMAND DRAFT DATED 25/1/2011. |
| R5(c): | COPY OF THE LETTER DATED 17/2/2011 ISSUED BY THE 4TH RESPONDENT. |
| R5(d): | COPY OF THE REPORT DATED 22/2/2011. |
| R5(e): | COPY OF THE LETTER DATED 1/3/2011 ISSUED BY THE 4TH RESPONDENT. |
/TRUE COPY/
P.A. TO JUDGE
SU
ANTONY DOMINIC, J.
W.P.(C) No. 15818 of 2011 B
Dated this the 10th day of October, 2011
~ ~ ~ ~ ~ ~ ~ ~ ~ ~
In respect of an auditorium established by the fifth respondent, on an application that was made, the first respondent had issued Ext.P5 consent to establish a sewage treatment plant. It appears that, objecting to Ext.P5, petitioner filed Ext.P6 objection and that the same was not considered. It was thereupon the writ petition is filed.
2. Admittedly, as at present, consent to operate the
sewage treatment plant in question has not been issued by the first respondent and necessarily, the fifth respondent will have to obtain such consent also.
W.P.(C) No.15818/2011
: 2 :
respondent is taken up for consideration, the second respondent shall consider Ext.P6 objection filed by the
petitioner also.
Writ petition is disposed of as above.
Sd/- (ANTONY DOMINIC, JUDGE)
aks/10/10
// True Copy //
P.A. To Judge
2 issues framed by the court
Whether the petitioner's objection to the issuance of consent to establish a sewage treatment plant must be considered during the subsequent application for consent to operate.
Whether the first respondent must issue consent to establish before issuing consent to operate for the impugned facility.
Binu Abraham Zachariah
Kerala State Pollution Control Board
The Environmental Engineer, Kerala State Pollution Control Board
The Revenue Divisional Officer
Koipuram Grama Panchayat
Indian Pentecoastal Church of God
Antony Dominic
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
