Disposed

Bijumon v. State of Kerala

Kerala HC8 Oct 2021WA/1305/2021

Case brief

AI extract

What is this about?

Writ appeal admitted allowing appellants to seek stay before the Air and Water Appellate Authority regarding a pollution consent for a fish market. Court directed the tribunal to consider the stay petition after hearing parties within two months.

What did the court decide?

Appellants permitted to move for stay before the Tribunal; directed to consider and pass appropriate orders on the stay petition after hearing parties.

Bijumon Vs State of Kerala — Writ and Judicial Review | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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FRIDAY, THE 8^TH DAY OF OCTOBER 2021 / 16TH ASWINA, 1943

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WA NO. 1305 OF 2021

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COURT OF KERALA, ERNAKULAM

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APPELLANT/S:

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1 BIJUMON, AGED 41 YEARS, PADIKKATHODI HOUSE, VALIYAPARAMBU ROAD, DOWN HILL P.O., MALAPPURAM-679519.

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2 ANAS P., N.K.APARTMENT, VALIYAPARAMBA ROAD, DOWN HILL P.O., MALAPPURAM-679519.

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3 ABDUL NASSAR, KALANTHATTA, VALIYAPARAMBA ROAD, DOWN HILL P.O., MALAPPURAM-679519.

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BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 MALAPPURAM MUNICIPALITY, BUS STAND ROAD, DOWN HILL, MALAPPURAM-676505, REPRESENTED BY ITS SECRETARY.

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3 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P H CIRCLE, MALAPPURAM-676505.

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4 ABDUL RASAK V., VARAKKODAM HOUSE, VALIYAPARAMBA, KOTTAPADI, DOWN HILL

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WA NO. 1305 OF 2021

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-2-

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P.O., MALAPPURAM-676519.

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5 MUHAMMED SABEER, VALLIYENGAL HOUSE, VELLATTUPARAMBA, VADAKKENGARA, MALAPPURAM-676507.

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6 KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY THE ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, 19/269A, PERINTHALMANNA ROAD, P.O.KUNNUMMAL, MALAPPURAM-676505.

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7 THE AIR AND WATER APPELLATE AUTHORITY, THAMPANOOR, THIRUVANANTHAPURAM-695002, REPRESENTED BY ITS CHAIRMAN. R1 BY SRI. TEKCHAND V., SR. GP R6 BY SRI. NAVEEN T., SC R3 BY SRI. P.BENJAMIN PAUL, SC R2 BY SRI. E.S.M.KABEER, SC

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WA NO. 1305 OF 2021

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JUDGMENT

S.MANIKUMAR, CJ.

Before writ court, appellants have sought for a writ of mandamus, directing Malappuram Municipality, Bus Stand Road, Down Hill, Malappuram; respondent No.2, not to grant any licence to commence a whole sale fish market, pursuant to Exhibit P7 consent, dated 12.04.2021, issued by the Kerala State Pollution Control Board, consent to operate/authorisation/registration, which according to the petitioners, is pending consideration as Exhibit P8 appeal, challenging Exhibit P7 consent. Exhibit P8 appeal is stated to be pending before the Air and Water Appellate Authority, Thiruvananthapuram; respondent No.7.

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Short facts leading to the writ appeal are as here under:

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Aggrieved by the consent to operate granted by the Kerala State Pollution Control Board in favour of Mr. Muhammed Sabeer, Valliyengal House, Vellattuparamba, Vadakkengara, Malappuram, the 5^th respondent, to commence a whole sale fish market, appellants have approached the 7^th respondent namely, the Appellate Authority.

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WA NO. 1305 OF 2021

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Pending the stay application/statutory appeal, the appellants approached the learned Single Judge, with a prayer that the Municipality may not grant any licence on the strength of Exhibit P7 till the disposal of the statutory appeal by the appellate authority.

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The learned Single Judge disposed of the writ petition directing consideration of Exhibit P8 statutory appeal within a period of two months.

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However, the learned Single Judge did not place any rider on the consent to operate grated by the Board. According to the appellants, the issue is very serious, since Kerala Water Authority itself had voiced grave concerns regarding the proposal to establish the fish market vide Exhibits P5 and P6, which according to the appellants, have not been factored, while granting Exhibit P7 consent to operate. Hence, this writ appeal.

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After hearing learned Counsel for the parties, writ court, directed the Air and Water Appellate Authority, Thiruvananthapuram; respondent No.7, to take up the appeal, consider and pass orders on the same, with notice to the parties, through any appropriate means including video conferencing, within a period of two months from the date of receipt of a copy of the judgment in W.P.(C). No.20859/2021 dated 04.10.2021.

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WA NO. 1305 OF 2021

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-5-

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However, Mr. P.Shanes Methar, learned Senior Counsel appearing for the appellants submitted that, pending Exhibit P8 appeal before the Air and Water Appellate Authority, Thiruvananthapuram; respondent No.7, stay of operation of Exhibit P7 dated 12.04.2021, consent to operate, is also been prayed for.

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Learned Senior Counsel for the appellants also submitted that, it would suffice if the appellate authority is directed to take up the stay petition before hearing Exhibit P8 appeal.

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Stay petition filed before the appellate authority, I.A.No. nil/2021, in Appeal No.17/2021, filed before the Air and Water Appellate Authority, is reproduced as under:

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BEFORE THE AIR AND WATER APPELLATE AUTHORITY,

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THIRUVANANTHAPURAM

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1.A. No............./2021

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Appeal No. 17/2021

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Petitioners/ Appellants

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1. Bijumon, Padikkahodi House, Valiavarambu Road, Down Hill Post, Malappuram - 676 519

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WA NO. 1305 OF 2021

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-6-

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2 Anas P, N K Apartments, Valiavaramba Road, Down Hill Post, Malappuram - 676 519

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3 Abdul Nassar, Kalanthatta, Vallavaramba Road, Down Hill Post, Malappuram-676 519

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Respondents/ Respondents

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1 The Environmental Engineer, Office of the Pollution Control Board, Palakkad HighWay, Up Hill, Pin Code - 676 505

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2 The Secretary, Malappuram Municipality, Malappuram-676 605

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3 The Superintending Engineer, Kerala Water Authority, Public Health Circle, Malappuram 676 505

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4. A.B.R Fish Market, Panakkad, Malappuram District - 676 519

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5 Mohammed Sabeer, son of Aboobacker, Valliyangal House, Vellattuparambu, Makkaraparamba, Vadakkangara, Malappuram District

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6. Abdul Razak. V, Varkkodam House, Valiaparamba, Kottapadi, Down Hill Post, Malappuram - 676 519

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PETITION FILED BY P.SHANES MATHER, COUNSEL FOR THE PETITIONER SEEKING STAY FILED UNDER RULE 10 OF THE KERALA WATER (PREVENTION AND CONTROL) APPELLATE AUTHORITY RULES, 1977 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908

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For the reasons stated in the accompanying affidavit, it is most respectfully prayed that this Honourable Court may be pleased to stay the operation of Annexure A1 pending consideration of this Appeal.

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Dated this the 25th day of September, 2021

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On the facts and circumstances of this case, having regard to the

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WA NO. 1305 OF 2021

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limited prayer sought for, we are inclined to permit the appellants to move I.A.No. nil of 2021, filed for stay, before the Tribunal, before taking up the appeal, and if any such request is made, Air and Water Appellate Authority, Thiruvananthapuram; respondent No.7, is directed to consider and pass

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appropriate orders in the said petition, after hearing all parties concerned.

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Writ appeal is disposed of accordingly.

Sd/-

S.MANIKUMAR

CHIEF JUSTICE

Sd/-

SHAJI P.CHALY

JUDGE

11.10.2021

Bijumon v. State of Kerala

Case brief

What is this about?

What did the court decide?

Bijumon v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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