A petitioner challenging the refusal of consent to operate and a No Objection Certificate for a hollow brick unit. The court dismissed the writ petition, holding the defects noted by the Municipal Corporation were not rectified.
Petition dismissed; liberty granted to approach statutory authority after rectifying defects.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 25TH DAY OF JULY 2018 / 3RD SRAVANA, 1940
WP(C).No. 17705 of 2016
PETITIONER(S)
JALALUDEEN, AGED 61, FATIMA MANZIL, SHANTHI NAGAR-91, AYATHIL CHERRY, VADAKKEVILA VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT, PIN-691021.
BY ADV.SRI.SUNNY ZACHARIAH
RESPONDENT(S):
1. KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS CHAIRMAN, OFFICE OF THE KERALA STATE POLLUTION CONTROL BOARD, PATTOM P.O., THIRUVANANTHAPURAM, PIN-695004.
2. SECRETARY, KOLLAM MUNICIPAL CORPORATION, KOLLAM-691501.
3. HEALTH SUPERVISOR, KOLLAM MUNICIPAL CORPORATION, KOLLAM-691501.
R1 BY ADVS. SRI.M.R.ARUNKUMAR, SC SRI. T.NAVEEN SC, SRI. M.AJAY, SC R2 & R3 BY ADV. SRI.M.K.CHANDRA MOHAN DAS,SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TS
WP(C).No. 17705 of 2016 (K)
APPENDIX
PETITIONER(S)' EXHIBITS
P1 TRUE COPY OF THE INTIMATION ISSUED BY 3RD RESPONDENT DT.11-1-16.
P2 TRUE COPY OF THE APPLICATION DT.17-7-15 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.. P3 TRUE COPY OF THE CIRCULAR NO.PCB/T4/4115/97 DT.10-7-2011.
RESPONDENT(S)'EXHIBITS
EXHIBIT R1(A) COPY OF THE CIRCULAR DATED 20.7.2016. EXHIBIT R1(B) TRUE COPY OF THE NIRC DATED 26.11.2015 ISSUED BY THE PCB. EXHIBIT R1(C) TRUE COPY OF THE CONSENT REFUSAL ORDER DATED 24.11.2016 ISSUED BY THE PCB.
/TRUE COPY/
PS TO JUDGE
27.07.2018
TS
SHAJI P. CHALY, J.
W.P.(C) No.17705 of 2016
Dated this the 25th day of July, 2018
J U D G M E N T
According to the petitioner, petitioner applied for requisite licence from the 2nd respondent for the conduct of a hollow brick manufacturing unit against which Ext.P1 intimation was issued by the 3rd respondent stating that, his application is being rejected as the same is not supported by No Objection Certificate as well as consent letter from the neighbours. The case projected by the petitioner in this
writ petition is that, Ext.P2 application was submitted before the 1st respondent seeking consent to operate. Now it is evident from the statement submitted by the 1st respondent that, since the Unit was not satisfying the prevailing distance norms as there are houses within 25 meter distance and no set back of 10 meter at two sides of the Unit and hence, Ext.R1(b) was issued expressing the
W.P.(C) No.17705 of 2016
2
intention to refuse the consent to operate on 26.11.2015. As there was no response from the unit, consent refusal order was issued on 24.11.2016, evident from Ext.R1(c). The Municipality has also filed a statement justifying its stand in Ext.P1 order.
W.P.(C) No.17705 of 2016
3
of the petitioner to approach the respective statutory authority after rectifying the defect.
Sd/- SHAJI P. CHALY JUDGE
smv 25.7.2018
Jalaludeen
Kerala State Pollution Control Board
Secretary, Kollam Municipal Corporation
Health Supervisor, Kollam Municipal Corporation
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
