Petitioner seeking writ directing Pollution Control Board to consider a 2012 consent to operate application. Court closed writ pending online application, as counsel for respondent stated the process shifted online in 2014.
Writ petition closed pending requirement to file fresh online application; merits left open.
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 ANIL K.NARENDRAN
WEDNESDAY, THE 20TH DAY OF MARCH 2019 / 29TH PHALGUNA, 1940
WP(C).No. 7464 of 2019
PETITIONER:
ZEENATH BASHEER, MOOTHEDAM HOUSE, KANDANTHARA, ALLAPRA P.O., PERUMBAVOOR.
BY ADV. SRI.P.DEEPAK
RESPONDENTS:
2 KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY THE EXECUTIVE ENGINEER, DISTRICT OFFICE (ERNAKULAM-II), 1ST FLOOR, MANNA RESIDENCY , M.C. ROAD, PERUMBAVOOR-683 542
SRI. T.NAVEEN, SC FOR POLLUTION CONTROL BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C)7464 OF 2019
JUDGMENT
The petitioner, who is running wood-based industry in Vengola Grama Panchayat, which has already been closed down based on Ext.P4 notice dated 22.04.2016 issued by the 2nd respondent, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2nd respondent to consider and pass orders on the application for consent to operate, filed along with Ext.P3 covering letter, in accordance with the law and subject to the directions issued by this Court in a common judgment dated 08.02.2018 in W.P.(C)No.9155 of 2007 and connected cases, as extracted in paragraph 2 of this writ petition.
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WP(C)7464 OF 2019
In such circumstances, this writ petition is closed (leaving open the legal and factual contentions raised by the petitioner), recording the aforesaid submission made on behalf of the petitioner and without prejudice to his right to pursue that application in accordance with the law.
Sd/-
ANIL K. NARENDRAN JUDGE
yd
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WP(C)7464 OF 2019
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE D&O LICENSE DATED 31.01.2003 ISSUED BY THE 1ST RESPONDENT PANCHAYAT. |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE LICENSE DATED 01.03.2014 ISSUED BY THE D.F.O, MALAYATTOR FOREST DIVISION. |
| EXHIBIT P3 | A TRUE COPY OF THE COVERING LETTER DATED 17.03.2012 FILED ALONG WITH THE STATUTORY APPLICATION FOR CONSENT TO OPERATE. |
| EXHIBIT P4 | A TRUE COPY OF THE CLOSURE-NOTICE DATED 22.04.2016 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P5 | A TRUE COPY OF THE DISCONNECTION NOTICE DATED 16.12.2016 ISSUED BY THE ASSISTANT ENGINEER, KSEB. |
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
1 issue framed by the court
Whether petitioner is entitled to mandamus directing Pollution Control Board to consider an application for consent to operate dating from 2012.
1 provisions across 1 enactments
ZEENATH BASHEER
VENGOLA GRAMA PANCHAYAT
KERALA STATE POLLUTION CONTROL BOARD
ANIL K. NARENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
