The Kerala High Court closed the writ petition, granting liberty to the petitioner to raise all contentions in a separate pending writ petition (W.P.(C.) No. 22932/2021).
The writ petition is closed with liberty to raise contentions in W.P.(C.) No. 22932/2021.
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.
WP(C) NO. 1059 OF 2011
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 9TH DAY OF DECEMBER 2021 / 18TH AGRAHAYANA, 1943 WP(C) NO. 1059 OF 2011
PETITIONER/S:
V.A.THOMAS, VARIYATH HOUSE,
VALAPPU, MALIPPURAM PO & DESOM,, ELAMKUNNAPUZHA VILLAGE & PANCHAYAT,, ERNAKULAM DISTRICT.
BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA
RESPONDENT/S:
WP(C) NO. 1059 OF 2011
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ELAMKUNNAPUZHA VILLAGE, ERNAKULAM DISTRICT.682511
WP(C) NO. 1059 OF 2011 3
MALIPURAM P.O. 21 ANTONY P.H., AGED 34, PUTHENPURAKAL HOUSE, MALIPURAM P.O., VALAPPU 22 K.V.SAJEESH, XXI/162, S/O VISHWAMBARAN, KAKKINISSERY HOUSE, MALIPPURAM P.O., VALAPPU ADDL.R11 -R22 ARE IMPLEADED AS PER ORDER DTD. 24.6.11 IN IA 7755/11. BY ADVS. SRI.A.V.JOJO SRI.P.PRIJITH SRI.S.SREEKUMAR SR. SRI.S.SHANAVAS KHAN SRI.P.P.THAJUDEEN, SC, K.S.E.B SRI.T.R.RAJANSCK.S.E.B. SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD SRI.A.X.VARGHESE SRI.T.P.SAJAN, SPL.GP (FOREST)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1059 OF 2011
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P.V.KUNHIKRISHNAN, J
W.P.(C.) No. 1059 of 2011
Dated this the 9th day of December, 2021
JUDGMENT
The counsel for the petitioner submitted that the
petitioner already filed another writ petition as W.P.(C.) No. 22932/2021 and all the contentions raised by the petitioner in this writ petition may be left open and he may be allowed to raise all these contentions in that writ petition. I think, this prayer can be allowed and this writ petition can be closed.
Therefore, this writ petition is closed, with liberty to the petitioner to raise all the contentions in this writ petition in W.P.(C.) No. 22932/2021.
SD/-
P.V.KUNHIKRISHNAN JUDGE
SKS
WP(C) NO. 1059 OF 2011
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APPENDIX
PETITIONER'S EXHIBITS :
EXT.P1 TRUE COPY OF THE CLEAR SKETCH OF THE TOPOGRAPHY OF THE SITE AND SURROUNDING AREA AND DESCRIPTION OF RESIDENTS
EXT.P2 TRUE COPY OF WRIT PETITION AND AFFIDAVIT FILED BY THE PETITIONER BEFORE THIS HON'BLE COURT.
EXT.P3 TRUE COPY OF REPRESENTATION TO THE 5TH RESPONDENT MEDICAL OFFICER DATED 23.6.2010
EXT.P4 TRUE COPY OF THE ORDER IN WRIT PETITION © NO.21345/2009 (K) DATED 10.8.2009
EXT.P5 TRUE COPY OF THE REPORT OF THE KERALA STATE POLLUTION CONTROL BOARD IN WP(C) NO. 21345-2009 DATED 19.3.2010
EXT.P6 TRUE COPY OF THE COMMISSION REPORT DATED 2.6.2010 IN IA NO. 5333/2010 IN WPC NO. 21345/2009
EXT.P7 TRUE COPY OF THE JUDGMENT DATED 27.10.2010 IN WPC NO. 26178/2010
EXT.P8 TRUE COPY OF THE JUDGMENT DATED 9.9.2010 IN WPC NO 28059/2010
EXT.P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE KERALA STATE POLLUTION CONTROL BOARD
EXT.P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
EXT.P11 TRUE COPY OF THE REQUEST DATED 9.12.2010 SUBMITTED BY THE PETITIONER BEFORE THE RIGHT TO INFORMATION OFFICER, KERALA STATE POLLUTION CONTRLL BOARD.
EXT.P12 TRUE COPY OF THE LETTER FROM THE BOARD DATED 3.1.2011 TO THE PETITIONER.
EXT.P13 TRUE COPY OF THE PETITION DATED 29.3.2011 SUBMITTED TO THE 3RD RESPONDENT WITH THE ACKNOWLEDGMENT
WP(C) NO. 1059 OF 2011 6
EXT.P14 TRUE COPY OF THE REQUEST FILED UNDER THE RIGHT TO INFORMATION ACT ON 22.7.2009
EXT.P15 TRUE COPY OF THE REPLY OF THE PANCHAYATH DATED 22.9.2009
EXT.P16 TRUE COPY OF THE REQUEST TO THE PANCHAYAT DATED 24.9.2009
EXT.P17 TRUE COPY OF THE REPLY TO THE EXT.P16 REQUEST.
RESPONDENT'S EXHIBITS :
EXT.R6(A) TRUE COPY OF LICENSE ISSUED BY ELAMKUNNAPUZHA PANCHAYAT IN FAVOUR OF JANATHA SAW MILL
EXT.R6(B) TRUE COPY OF LICENSE ISSUED BY ELAMKUNNAPUZHA PANCHAYAT IN FAVOUR OF JANATHA WOOD INDUSTRIES.
EXT.R6(C) TRUE COPY OF LICENSE ISSUED BY BY ELAMKUNNAPUZHA PANCHAYAT IN FAVOUR OF WOOD MASTER.
EXT.R6(D) TRUE COPY OF LICENSE ISSUED BY BY ELAMKUNNAPUZHA PANCHAYAT IN FAVOUR OF INTER TECH.
EXT.R6(E) TRUE COPY OF NO OBJECTION CERTIFICATE ISSUED BY DIVISIONAL FOREST OFFICER, ERNAKULAM IN FAVOUR OF JANATHA SAW MILL
EXT.R6(F) TRUE COPY OF NO OBJECTION CERTIFICATE ISSUED BY DIVISIONAL FOREST OFFICER, ERNAKULAM IN FAVOUR OF JANATHA WOOD INDUSTRIES.
EXT.R6(G) TRUE COPY OF NO OBJECTION CERTIFICATE ISSUED BY DIVISIONAL FOREST OFFICER, ERNAKULAM IN FAVOUR OF WOOD MASTER
EXT.R6(H) TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY KERALA STATE POLLUTION CONTROL BOARD IN FAVOUR OF JANATHA SAW MILL
EXT.R6(I) TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY KERALA STATE POLLUTION CONTROL BOARD IN FAVOUR OF JANATHA WOOD INDUSTRIES
EXT.R6(J) TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY KERALA STATE POLLUTION CONTROL BOARD IN FAVOUR OF WOOD MASTER
WP(C) NO. 1059 OF 2011
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EXT.R6(K) TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY SOCIAL HEALTH CENTRE, MALIPPURAM IN FAVOUR OF JANATHA SAW MILL
EXT.R6(L) TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY SOCIAL HEALTH CENTRE, MALIPPURAM IN FAVOUR OF JANATHA WOOD INDUSTRIES
EXT.R6(M) TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY SOCIAL HEALTH CENTRE, MALIPPURAM IN FAVOUR OF WOOD MASTER
EXT.R6(N) TRUE COPY OF THE LETTER FROM DEPT. OF ELECTRICAL INSPECTORATE, ERNAKULAM IN FAVOUR OF JANATHA WOOD INDUSTRIES.
EXT.R6(O) TRUE COPY OF THE LETTER FROM DEPT. OF ELECTRICAL INSPECTORATE, ERNAKULAM IN FAVOUR OF JANATHA SAW MILL.
EXT.R6(P) TRUE COPY OF THE LETTER FROM DEPT. OF ELECTRICAL INSPECTORATE, ERNAKULAM IN FAVOUR OF WOOD MASTER.
EXT.R6(Q) TRUE COPY OF WPC NO. 26178/2010 FILED BY THE PETITIONER AGAINST THE PETITIONERS AND OTHERS.
EXT.R6(R) TRUE COPY OF ORDER DATED 6.4.2010 PASSED BY THIS HON'BLE COURT
EXT.R6(S) TRUE COPY OF REPRESENTATION SUBMITTED BY NEIGHBOURS BEFORE THE CHIEF ENVIRONMENT ENGINEER, POLLUTION CONTROL BOARD, ERNAKULAM.
EXT.R6(T) TRUE COPY OF COMPLAINT DATED 21.4.2011 SUBMITTED BY THE WRIT PETITIONER BEFORE THE NJARAKKAL POLICE STATION.
EXT.R6(U) TRUE COPY OF COMPLAINT DATED 11.10.2011 SUBMITTED BY THE WRIT PETITIONER BEFORE THE NJARAKKAL POLICE STATION.
EXT.R2(A) TRUE COPY OF THE TIME BOUND PROPOSAL DTD. 7.9.2009 SUBMITTED BY 6TH RESPONDENT
EXT.R2(B) TRUE COPY OF THE CONSENT TO OPERATE DTD. 5.5.2011
EXT.R2(C) TRUE COPY OF THE CONSENT TO OPERATE DTD. 5.5.2011
EXT.R2(D) TRUE COPY OF THE CONSENT TO OPERATE DTD 5.5.2011
EXT.R2(E) TRUE COPY OF THE INSTRUCTIONS ISSUED BY THE 2ND
WP(C) NO. 1059 OF 2011
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RESPONDENT TO RESPONDENTS 6 TO 9
EXT.R2(F) TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO RESPONDENTS 6 TO 9 ABOUT INTENTION TO REFUSE CONSENT.
EXT.R2(G) TRUE COPY OF THE DIRECTION BY 2ND RESPONDENT TO RESPONDENTS 6 TO 9 TO PROVIDE NECESSARY CONTROL MEASURES.
EXT.R2(H) TRUE COPY OF THE REPORT FILED BY THE CHIEF ENVIRONMENTAL ENGINEER, REGIONAL OFFICE, ERNAKULAM
EXT.R2(I) TRUE COPY OF THE INSTRUCTIONS FROM THE 2ND RESPONDENT TO THE SUB INSPECTOR OF POLICE DTD. 22.8.2011
EXT.R2(J) TRUE COPY OF THE DRAWING SHOWING THE LOCATION OF ALL MACHINERIES ERRECTED IN THE UNIT.
//TRUE COPY//
P.A. TO JUDGE
SKS
1 issue framed by the court
Whether the petitioners prayer to leave contentions open for another writ petition be allowed.
V.A.Thomas
State of Kerala
Chief Environmental Engineer, Pollution Control Board
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
