Quashed

A.K.Joseph v. the Environmental Engineer, Kerala State

Kerala HC31 Mar 2011WP(C)/8182/2011

Case brief

AI extract

What is this about?

The Court quashed an order issued by the Kerala State Pollution Control Board without prior notice to the petitioner and disposed of the writ petition without prejudice to the Board's rights to proceed legally.

What did the court decide?

Ext. P7 order quashed; Writ Petition disposed of without prejudice to the Board's right to reconsider the matter after issuing notice.

A.K.Joseph Vs the Environmental Engineer, Kerala State — Writ and Judicial Review | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON

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THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933

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WP(C).No. 8182 of 2011(W)

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PETITIONER(S):

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

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A.K.JOSEPH, ARACKAL HOUSE, KOVAPPALLY P.O., KANJIRAPPALLY, KOTTAYAM DISTRICT.

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BY ADV. SRI.V.G.ARUN SRI.HARIKUMAR

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RESPONDENT(S):

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1. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, ST.ANTONY'S COMPLEX, KOTTAYAM - 686 001.

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2. THE KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM - 695 001.

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ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,POLL.C.BOAR FOR R1 & 2

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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dmb

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P.R. RAMACHANDRA MENON J.

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W.P (C) No. 8182 of 2011

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Dated, this the 31^st day of March, 2011

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JUDGMENT

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The petitioner has approached this Court with the following

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prayers :

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(i) to issue a writ of certiorari calling for the records leading to the issuance of Ext. P7 and quash the same;

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(ii) to declare that having obtained the requisite licences/permit, petitioner is entitled to conduct the quarry in the specified land shown in the sketch appended to Exts. P1 and P4.

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And

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(iii) to grant such other reliefs as this Honourable Court may deem fit in the circumstances of this case.

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The learned standing counsel appearing for the Board, on

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instructions, submits that, no notice could be issued to the petitioner before passing Ext. P7 impugned order and the Board is ready and willing to reconsider the matter after issuing notice to the petitioner.

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The submission as above is recorded.

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In the said circumstances, Ext. P7 is quashed. The Writ Petition

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is disposed of, without prejudice to the rights and liberties of the respondent Board to proceed with the matter in accordance with law.

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P. R. RAMACHANDRA MENON, JUDGE

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kmd

A.K.Joseph v. the Environmental Engineer, Kerala State

Case brief

What is this about?

What did the court decide?

A.K.Joseph v. the Environmental Engineer, Kerala State

Case brief

What is this about?

What did the court decide?

What the court decided

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