Disposed

Anoop Kumar T.M v. Koovappady Grama Panchayat

Kerala HC14 Jan 2016WP(C)/32482/2015

Case brief

AI extract

What is this about?

The Court addressed a pending application for licence renewal and the expired consent to operate for an industry. It directed the authorities to decide without delay, notice the petitioners, and maintain the status quo pending orders.

What did the court decide?

Status quo maintained provisionally enabling the third respondent to operate until orders are passed on the application for licence by the Panchayat.

Anoop Kumar T.M Vs Koovappady Grama Panchayat — 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 V.CHITAMBARESH

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THURSDAY, THE 14TH DAY OF JANUARY 2016/24TH POUSHA, 1937

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WP(C).No. 32482 of 2015 (I)

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PETITIONER(S):

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ANOOP KUMAR T.M., AGED 34 YEARS S/O.T.K.MANI, THANDATHIL HOUSE, KOOVAPPADY P.O. THODAPARAMBU, PERUMBAVOOR-683544.

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SANTHOSH KUMAR., AGED 47 YEARS S/O.P.SANKARA PANIKAR, PLAPPILLIL HOUSE KOOVAPPADY P.O., THODAPARAMBU, PERUMBAVOOR-683544.

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BY ADVS.SRI.S.RENJITH

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SRI.K.R.PRATHISH

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RESPONDENT(S):

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KOOVAPPADY GRAMA PANCHAYAT KOOVAPPADY P.O., PERUMBAVOOR, PIN-683544 REPRESENTED BY ITS SECRETARY.

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THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE (ERNAKULAM-II), 1ST FLOOR MANNA RESIDENCY, M.C.ROAD, PERUMBAVOOR ERNAKULAM-683542.

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NEO PLAST INDUSTRIES THODAPARAMBU, KOOVAPPADY, PERUMBAVOOR PIN-683544

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REPRESENTED BY ITS MANAGING PARTNER V.D.VINOD.

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R3 BY ADV. SRI.S.VINOD BHAT

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R3 BY ADV. SRI.LEGITH T.KOTTAKKAL R BY SRI.R.RANJITH

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R BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 32482 of 2015 (I)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1 : TRUE COPY OF THE RELEVANT PAGES OF THE COMPLAINT SUBMITTED BY THE PETITIONERS AND OTHER PERSONS IN THE LOCALITY DT.3-8-15.

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EXT.P2 : TRUE COPY OF THE RECEIPT ISSUED BY FIRST RESPONDENT ACKNOWLEDGING THE COMPLAINT DT.3-8-15.

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EXT.P3 : TRUE COPY OF THE APPLICATION SUBMITTED BY ONE OF THE RESIDENT BEFORE THE PANCHAYAT UNDER THE RIGHT INFORMATION ACT DT.27-7-15.

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EXT.P4 : TRUE COPY OF THE REPLY GIVEN BY THE R1 UNDER THE RIGHT TO INFORMATION ACT DT.26-8-2015.

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EXT.P5 : TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY SECOND RESPONDENT TO THIRD RESPONDENT UNIT HAVING VALID UPTO 30-6-15.

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RESPONDENT(S)' EXHIBITS : NIL.

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//TRUE COPY//

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P.S. TO JUDGE.

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V.CHITAMBARESH, J. --------------------W.P (C) No.32482 of 2015 --------------------Dated this the 14^th day of January, 2016

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The application for renewal of licence put in by the third respondent is pending consideration with the first respondent. Orders have not been passed on the same for want of renewal of consent to operate by the Pollution Control Board. The consent expired on 30.6.2015 and there is a direction in W.P.(C) No.34106/2015 to consider the application for renewal of consent.

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The Pollution Control Board assures this Court that orders will be passed on the application without delay. The first respondent Panchayat shall also pass orders on the application for licence dependent on the orders passed by the Pollution Control Board. The petitioners shall be put on notice and heard by the Pollution Control Board as well as by the first respondent Panchayat.

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Status quo as on today shall continue enabling the third respondent to operate the unit. The same is provisional and will enure till orders are passed on the application for licence by the Panchayat.

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W.P(C) No.32482 of 2015

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Needless to say that the Panchayat will pass orders on the application for licence dependent on the application for renewal of consent by the Pollution Control Board.

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The Writ Petition is disposed of.

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Sd/V.CHITAMBARESH, Judge.

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nj/18.01.2016

Anoop Kumar T.M v. Koovappady Grama Panchayat

Case brief

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Anoop Kumar T.M v. Koovappady Grama Panchayat

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