Disposed

Shibu P.C. v. the Kerala State Pollution Control Board

Kerala HC21 Dec 2016WP(C)/31063/2016

Case brief

AI extract

What is this about?

The High Court refused permission to challenge the Kerala State Pollution Control Board's order refusing consent, as the appeal must lie before an Appellate Authority which was not yet constituted. A direction was issued for the matter to be taken up by the appellant upon constitution of the authority within one month. The petition was then disposed of.

What did the court decide?

Direction to take up the matter for interim orders within one month of the appellate authority's constitution; petition disposed of.

Shibu P.C. Vs the Kerala State Pollution Control… — Environment and Pollution | Kerala HC (2016)

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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 K.VINOD CHANDRAN

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WEDNESDAY, THE 21ST DAY OF DECEMBER 2016/30TH AGRAHAYANA, 1938

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WP(C).No. 31063 of 2016 (G) ----------------------------

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PETITIONER(S):

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1. SHIBU P.C. AGED 43 YEARS, S/O.CHACKO, PARAKALAYIL HOUSE, MEMURY (PO), KOTTAYAM DISTRICT

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2. WILSON PAUL C&C ENCLAVE, FLAT NO. FF 01, MEMURY (PO), KOTTAYAM DISTRICT

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BY ADV. SRI.JOBI JOSE KONDODY

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RESPONDENT(S):

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1. THE KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS MEMBER SECRETARY, PATTOM (PO), THIRUVANANTHAPURAM 695004

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2. THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, SREENIVASA IYER ROAD, KOTTAYAM 686001

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ADDL. RESPONDENTS*

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3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY

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(* SUO MOTU IMPLEADED AS PER ORDER DTD. 28.10.16)

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R-RADDL R-R3 BY ADV. GOVERNMENT PLEADER SRI.SURIN GEORGE IPE (SR.) R1-2 BY SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 31063 of 2016 (G)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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----------------------EXHIBIT P1 A TRUE COPY OF THE DEALERS' LICENSE DATED 04.05.2016 VALID UPTO 03.05.2021 ISSUED BY THE GEOLOGIST, KOTTAYAM TO THE SECOND PETITIONER

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EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 10.05.2016 FILED BY THE FIRST PETITIONER BEFORE THE SECRETARY, MANJOOR GRAMA PANCHAYAT EXHIBIT P3 A TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, KURUPPAMTHARA DATED 11.05.2016

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EXHIBIT P4 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE FIRST PETITIONER DATED 13.05.2016 BEFORE THE SECOND RESPONDENT ADDRESSED TO THE FIRST RESPONDENT

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EXHIBIT P5 A TRUE COPY OF THE CONSENT REFUSAL INTENTION NOTICE ISSUED BY THE SECOND RESPONDENT TO THE FIRST PETITIONER DATED 11.07.2016

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EXHIBIT P6 A TRUE COPY OF THE REPLY SUBMITTED BY THE FIRST PETITIONER DATED 18.07.2016 BEFORE THE SECOND RESPONDENT IN RESPONSE TO EXHIBIT P5 EXHIBIT P7 A TRUE COPY OF THE LOCATION SKETCH OF EXHIBIT P1 SUBMITTED BY THE PETITIONER WITHOUT DATE BEFORE THE SECOND RESPONDENT

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EXHIBIT P8 A TRUE COPY OF THE PLAN PROPOSING TO ENCLOSE THE SIDE OF THE DEALER YARD USING SHEETS SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT WITHOUT DATE

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EXHIBIT P9 A TRUE COPY OF THE ORDER REFUSING CONSENT ISSUED BY THE SECOND RESPONDENT TO THE FIRST PETITIONER DATED 27.07.2016

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EXHIBIT P10 A TRUE COPY OF THE CIRCULAR DATED 28.04.2015 ISSUED BY THE FIRST RESPONDENT TO ALL THE DISTRICT OFFICES

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EXHIBIT P11 A TRUE COPY OF THE CIRCULAR DATED 09.08.2004 ISSUED BY THE FIRST RESPONDENT TO THE DISTRICT OFFICES INCLUDING THE SECOND RESPONDENT

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EXHIBIT P12 COPY OF THE APPEAL MEMORANDUM WITHOUT ANNEXURES IN APPEAL NO.22 OF 2016 FILED BEFORE THE AIR APPELLATE AUTHORITY, THIRUVANANTHAPURAM, DTD. 26.9.16

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EXHIBIT P13 COPY OF THE CHALLAN FORM DTD. 26.9.16 TOWARDS FEE REMITTED FOR EXT.P12 APPEAL

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CONTD..2..

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.. 2 ..

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WP(C).No. 31063 of 2016 (G)

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RESPONDENT(S)' EXHIBITS

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ANNEXURE R2(A) COPY OF THE CONSENT REFUSAL INTENTION NOTICE DTD. 11.7.16 ISSUED TO THE PETITIONER.

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ANNEXURE R2(B) CIRCULAR NO.PCB/TAC/18/2004 DTD. 9.8.04 OF THE MEMBER SECRETARY OF POLLUTION CONTROL BOARD

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ANNEXURE R2(C) COPY OF THE CONSENT REFUSAL ORDER DTD. 27.7.16 ISSUED TO THE PETITIONER.

// TRUE COPY //

P.A TO JUDGE

K. VINOD CHANDRAN, J.

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===================== W.P.(C) No.31063 of 2016- G

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======================

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Dated this the 21^st day of December, 2016

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J U D G M E N T

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The petitioners were aggrieved with the order passed by the Kerala State Pollution Control Board (PCB), refusing consent to establish, produced as Ext.P9. Ideally, the petitioners ought to have challenged the same before the Appellate Authority constituted under the Air (Prevention & Control of Pollution) Act 1981 (for brevity 'the Air Act). The petitioners also filed the same as is indicated from Ext.P12, produced subsequently along with the interlocutory application. However, the consideration was not be made, since there was no appellate authority constituted as per the Air Act. As of now, the Government has constituted the appellate authority by notification G.O(P) No.5/2016/Envt.

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W.P.(C) No.31063 of 2016- G

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dated 20.12.2016. In such circumstance, there shall be a direction that the matter shall be taken up and shall be considered for any interim orders, within a period of one month from the date of receipt of a certified copy of this judgment.

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Leaving open all contentions, the writ petition would

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stand disposed of.

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Sd/-

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K. VINOD CHANDRAN, JUDGE

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SB/21/12//2016

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// true copy //

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P.A to Judge

Shibu P.C. v. the Kerala State Pollution Control Board

Case brief

What is this about?

What did the court decide?

Shibu P.C. v. the Kerala State Pollution Control Board

Case brief

What is this about?

What did the court decide?

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