Disposed

S.Kannan v. the Kerala State Pollution Control Board

Kerala HC30 May 2012WP(C)/4721/2012

Case brief

AI extract

What is this about?

Petitioner challenged alleged pollution from a workshop due to lack of consent. The Court noted the Board intended to issue conditional consent and thus disposed of the writ petition, directing the petitioner to appeal if aggrieved by the new order.

What did the court decide?

The writ petition is disposed of; petitioner directed to file appeal against the consent order if aggrieved.

S.Kannan Vs the Kerala State Pollution Control Board — Environment and Pollution | Kerala HC (2012)

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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 ANTONY DOMINIC

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WEDNESDAY, THE 30TH DAY OF MAY 2012/9TH JYAISHTA 1934

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WP(C).No. 4721 of 2012 (M)

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PETITIONER(S):

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S.KANNAN, S/O. SUBRAMANIA IYER, KARAMEL MADOM, THRIKARIYOOR, (VIA) KOTHAMANGALAM.

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BY ADVS. SRI.P.B.KRISHNAN, SMT.GEETHA P.MENON, SRI.N.AJITH, SRI.P.B.SUBRAMANYAN.

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RESPONDENT(S):

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1. THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS SECRETARY,

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THIRUVANANTHAPURAM-695 001.

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2. THE ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, KERALA STATE POLLUTION CONTROL BOARD,

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GANDHI NAGAR, ERNAKULAM, KOCHI- 682 020.

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3. NELLIKUZHI GRAMA PANCHAYAT,

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REPRESENTED BY ITS SECRETARY,

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NELLIKUZHI, KOTTAYAM- 686 691.

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4. KRISHNAKUMAR,

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KRISHNA AUTOMOBILES, THRIKARIYOOR POST, KOTTAYAM- 686 692.

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R1 & R2 BY ADV. SRI. M.AJAY, SC, PCB. R3 BY ADV. SRI.P.M.HABEEB. R4 BY ADVS. SRI.R.BINDU (SASTHAMANGALAM), SRI.PRASANTH M.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-05-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 4721 of 2012 (M)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT. P1	TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO 1, DATED NIL.
EXT. P2	TRUE COPY OF THE LETTER NO. PCB/EKM/DO2/CC-71/2011, ISSUED BY RESPONDENT NO 1, DATED 16.08.2011,
EXT. P3	TRUE COPY OF THE DECISION TAKEN ON CONSENT BY THE NELLIKUZHI GRAMA PANCHAYAT, DATED 28/12/2011.
EXT. P4	TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO 1, DATED 02/01/2012,

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

ANTONY DOMINIC, J.

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

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W.P.(C) NO.4721 OF 2012-M

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

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Dated this the 30^th day of May, 2012

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J U D G M E N T

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Petitioner approached this court aggrieved by the alleged pollution from the automobile workshop conducted of the 4^th respondent. The main ground on which the writ petition has been filed is that the 4^th respondent has not obtained consent to operate the workshop from the Kerala State Pollution Control Board. Taking note of that, this court had issued an order dated 11.4.2012 directing that respondents 1 and 2 will take a decision on the application made by the 4^th respondent for consent. Today, it is submitted by the Standing Counsel for respondents 1 and 2 that conditional consent order is being issued to the 4^th respondent. Now that a consent order has been decided to be issued, it is for the 4^th respondent to comply with the conditions and it is also for respondents 1 and 2 to ensure compliance of such conditions, if necessary by periodical inspections. Further, if he is aggrieved by the consent issued, it is for the petitioner to file appeal against the consent order now issued.

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Clarifying the position as above, the writ petition is disposed of.

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(ANTONY DOMINIC) JUDGE

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WPC.No.

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WPC.No.

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S.Kannan v. the Kerala State Pollution Control Board

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S.Kannan v. the Kerala State Pollution Control Board

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