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U.A. Abdul Azeez v. the Environmental Enginner

Kerala HC23 Feb 2016WP(C)/6673/2016

Case brief

AI extract

What is this about?

The petitioners challenged the Kerala State Pollution Control Board's refusal to consider their renewal application. The Court directed the Board to consider the application if the petitioner demonstrates a valid permit as of January 9, 2015, and forbade coercive steps pending the decision.

What did the court decide?

Respondent directed to consider renewal application if valid permit as on 09.01.2015 is satisfied; no coercive steps pendente lite.

U.A. Abdul Azeez Vs the Environmental Enginner — 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 A.MUHAMED MUSTAQUE

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TUESDAY, THE 23RD DAY OF FEBRUARY 2016/4TH PHALGUNA, 1937

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WP(C).No. 6673 of 2016 (H)

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PETITIONER:

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U.A. ABDUL AZEEZ, S/O.U.K..AVARAN, ULLATTIL MUNDETH HOUSE, SOUTH VAZHAKKULAM PO, ERNAKULAM.

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BY ADVS.SRI.PHILIP J.VETTICKATTU SRI.VINEETH KURIAKOSE

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RESPONDENT(S):

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1. THE ENVIRONMENTAL ENGINNER, THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, ERNAKULAM, GANDHI NAGAR, PIN - 682020.

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2. THE KERALA STATE POLLUTION CONTROL BOARD, PATTOM, THIRUVANANTHAPURAM - 695004, REPRESENTED BY THE CHIEF ENVIRONMENTAL ENGINEER.

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BY SRI. M.AJAY, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 6673 of 2016 (H)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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P1: TRUE PHOTOSTAT COPY OF THE MINING PERMIT DT. 18.03.2014 ISSUED BY THE GEOLOGIST TO THE PETITIONER.

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P2: TRUE PHOTOSTAT COPY OF THE LETTER OF INTENT DATED 25.11.2015 ISSUED BY THE GEOLOGIST TO THE PETITIONER.

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P3: TRUE PHOTOSTAT COPY OF THE RELEVANT PAGES OF THE APPLICATION DATED 25.11.2015 AND RECEIPT SHOWING REMITTANCE OF THE FEES BEFORE THE RESPONDENT.

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P4: TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED 14.12.2015 IN WPC.NO.37139/2015 OF THIS HON'BLE COURT.

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P5: TRUE PHOTOSTAT COPY OF THE INTERM ORDER DATED 07.12.2015 PASSED BY THE HON'BLE SUPREME COURT IN SLP.NO.30103/2015.

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RESPONDENT(S)' EXHIBITS: NIL

//TRUE COPY//

P.S. TO JUDGE

mbr/

A. MUHAMED MUSTAQUE, J.

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W.P.(C). No. 6673 of 2016

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Dated this the 23^rd day of February, 2016

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JUDGMENT

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The petitioner approached this Court on account of refusal

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to consider the application for renewal of consent by the Kerala

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State Pollution Control Board.

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The petitioner submits that he was having a valid permit as on 09.01.2015. If the petitioner is able to satisfy the respondents that he was having a valid permit as on 09.01.2015,

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the petitioner's application for renewal of consent shall be considered by the respondents. Needful shall be done within a period of four weeks from the date of receipt of a copy of this judgment. Till a decision is taken as above, for want of consent,

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no coercive steps shall be taken against the petitioner.

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The writ petition is disposed of as above.

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Sd/- A. MUHAMED MUSTAQUE

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bpr

U.A. Abdul Azeez v. the Environmental Enginner

Case brief

What is this about?

What did the court decide?

U.A. Abdul Azeez v. the Environmental Enginner

Case brief

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