Petitioner challenged cable cutting works by respondents without licenses under Hazardous Waste Rules. Court found no specific instances or evidence. Petition dismissed as unnecessary and not maintainable.
Writ petition dismissed as unnecessary and not maintainable.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 30TH DAY OF JUNE 2016/9TH ASHADHA, 1938
WP(C).No. 1933 of 2011 (N)
PETITIONER(S):
K.K. HUSSAIN, MANAGING PARTNER, M/S. SULTHAN AND COMPANY,, DOOR NO. XIII/88, CHANDRAPURAM.P.O., WALAYAR,, PALAKKAD-678624.
BY ADVS.SRI.M.V.BOSE SRI.VINOD MADHAVAN
RESPONDENT(S):
1. KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS SECRETARY,, THIRUVANANTHAPURAM-695001.
2. MANAGING DIRECTOR, K.S.E.B., THIRUVANANTHAPURAM-695001.(CORRECTED*) *SECRETARY, K.S.E.B, THIRUVANANTHAPURAM (CORRECTED AS PER ORDER DTD. 10.03.11 IN I.A NO.4307/11)
3. MANAGING DIRECTOR, TRACO CABLE, ERNAKULAM DISTRICT-682301.
4. MANAGING DIRECTOR,FACT, UDYOGAMANDAL-683501.
5. MANAGING DIRECTOR, MALABAR CEMENT LTD., WALAYAR, PALAKKAD-678001.
6. CHIEF GENERAL MANAGER, BHARAT SANCHAR NIGAM LTD. THIRUVANANTHAPURAM-695001.
7. GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI.
8. THE MANAGING DIRECTOR, COCHIN SHIPYARD LTD., COCHIN-682013. CONTD..2..
.. 2 ..
WP(C).No. 1933 of 2011 (N) ---------------------------
R,R7 BY ADV. SMT.REZIYA.P.A.,SC, RAILWAYS R,R2 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B R,R1 BY ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,POLL.C.BOAR R,R6 BY ADV. SRI.MATHEWS K.PHILIP,SC, BSNL R,R5 BY ADV. SRI.B.S.KRISHNAN(SR.) R,R5 BY ADV. SRI.K.ANAND (A.201) R,R5 BY ADV. SMT.LATHA KRISHNAN R,R8 BY ADV. SRI.SAJI VARGHESE R,R8 BY ADV. SMT.MARIAM MATHAI R,R3 & 4 BY ADV. SRI.E.K.NANDAKUMAR R,R3 & 4 BY ADV. SRI.K.JOHN MATHAI R,R3 & 4 BY ADV. SRI.P.BENNY THOMAS R,R3 & 4 BY ADV. SRI.P.GOPINATH R,R-2 BY ADV. SRI.T.R.RAJAN,SC,K.S.E.B. R1 BY ADV. SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD R BY SRI.C.S.DIAS,SC, RAILWAYS R BY SRI.K.ANAND,SC, F.A.C.T.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1933 of 2011 (N)
APPENDIX
PETITIONERS EXHIBITS:
EXT.P1 COPY OF THE CERTIFICATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.
RESPONDENTS EXHIBITS: NIL
// TRUE COPY //
P.A TO JUDGE
SB
K. VINOD CHANDRAN, J.
===================== W.P.(C) No.1933 of 2011 - N
====================== Dated this the 30th day of June, 2016
J U D G M E N T
The writ petition was filed by the petitioner, a Managing Partner of a company contending that cable cutting and processing works by the various respondents', are entrusted to persons without licence and the Hazardous Waste (Management Handling) Rules 2008 provides for possession of a certificate like that issued to the petitioner, evidenced by Ext.P1, for carrying out such work. But for Ext.P1 and the assertions made in the writ petition nothing is produced to show that the respondent companies have in fact entrusted such work to persons, who did not have a licence.
2
W.P.(C) No.1933 of 2011 - N
the consent of the Board is illegal. No specific instances having been pointed out and the writ petition as more in the nature of an experimental exercise to pre-empt the respondents. No writ would lie on the averments made herein. The writ petition is found to be unnecessary.
The writ petition is dismissed as unnecessary and not maintainable.
Sd/-
K. VINOD CHANDRAN, JUDGE
SB/01/07/2016
// true copy //
P.A to Judge
1 issue framed by the court
Whether a writ petition challenging delegation of cable cutting without specific proof of violation is maintainable.
1 provisions across 1 enactments
K.K. HUSSAIN
KERALA STATE POLLUTION CONTROL BOARD
KS. Employee State Electricity Board
TERCO CABLE
FACT
MALABAR CEMENT LTD.
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
