Disposed

M.G. Sidharthan v. the Secretary

Kerala HC20 Dec 2021WP(C)/14392/2021

Case brief

AI extract

What is this about?

The Court disposed of three connected writ petitions challenging licence renewal quotas pending report from Pollution Control Board. The Court directed the Board to ensure plant functional and submit analysis report, and ordered the Panchayat to issue licence renewal orders upon receipt of the report.

What did the court decide?

Directed the Pollution Control Board to ensure the ETP is working and submit the analysis report; directed the Panchayat to issue orders on licence renewal on receipt of the report.

M.G. Sidharthan Vs the Secretary — 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 MR. JUSTICE T.R.RAVI

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MONDAY, THE 20^TH DAY OF DECEMBER 2021 / 29TH AGRAHAYANA, 1943

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WP(C) NO. 22362 OF 2014

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PETITIONER:

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M.K. SIVARAMAN

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AGED 60 YEARS, S/O.MARI, RESIDING AT KOTHAMANGALATHU THARA, PATTANAKKAD P.O., CHERTHALA, ALAPPUZHA DISTRICT-688 531.

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BY ADV SRI.N.RADHAKRISHNAN

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVT., HEALTH DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM 695 001

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2 THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, THATHAMPALLY P.O., ALAPPUZHA DISTRICT-688 013.

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3 PATTANAKKAD GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, PATTANAKKAD PANCHAYATH, CHERTHALA, ALAPPUZHA DISTRICT 688 014

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4 THE DISTRICT MEDICAL OFFICER ALAPPUZHA 688 014

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5 M.G.SIDHARTHAN PANICKER'S HOUSE, PATTANAKKAD P.O., CHERTHALA, ALAPPUZHA DISTRICT 688 014

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WP(C)NO.22362/2014 & con.cases

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6 THE CIRCLE INSPECTOR OF POLICE KUTHIYATHODU, ALAPPUZHA DISTRICT

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ADDL.R6 IMPLEADED VIDE ORDER DATED 26.11.2014 IN IA No.16201/2014

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BY ADVS.

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SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD SRI.DEEPU LAL MOHAN SRI.B.JAYASURYA SMT.S.LEENA SRI.MURALI PURUSHOTHAMAN SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,

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SRI.B.S. SYAMANTHAK, GP.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.12.2021, ALONG WITH WP(C).14392/2021, 8924/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)NO.22362/2014 & con.cases

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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 T.R.RAVI

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MONDAY, THE 20^TH DAY OF DECEMBER 2021 / 29TH AGRAHAYANA, 1943

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WP(C) NO. 14392 OF 2021

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PETITIONERS:

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M.G. SIDHARTHAN AGED 71 YEARS S/O. GOVINDA PANICKER, PANICKER'S HOUSE, PATTANAKKAD P.O, CHERTHALA, ALAPPUZHA DISTRICT 688 529

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BY ADV MINI.V.A.

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RESPONDENTS:

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1 THE SECRETARY PATTANAKKAD GRAMA PANCHAYAT, PATTANAKKAD P.O, ALAPPUZHA DISTRICT, PIN 688 529

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2 THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, THATHAMPALLY P.O, ALAPPUZHA DISTRICT 688 013

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3 THE MEDICAL OFFICER P.H CENTRE, VELLAIKAL, ALAPPUZHA DISTRICT 688 552

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4 THE INSPECTOR OF POLICE PATTANAKKAD POLICE STATION, ALAPPUZHA DISTRICT 688 529

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5 ADDL.R5.BINOY.P.K S/O.KUTTAPPAN, PEEDAKERY HOUSE, ELENTHIKARA, ELENTHIKARA P.O., ERNAKULAM - 683 594.

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WP(C)NO.22362/2014 & con.cases

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6 ADDL.R6.REJEESH.R.B S/O.BHASKARAN, RAJESH BHAVAN, PATTANAKKAD P.O., CHERTHALA, ALAPPUZHA - 688 529.

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[ADDL.R5 & R6 ARE IMPLEADED AS PER ORDER DATED 22.10.2021 IN I.A.1/2021 IN WP(C)14392/2021.]

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BY ADVS. DEEPU LAL MOHAN NAVEEN.T DILIP J. AKKARA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.12.2021, ALONG WITH WP(C).22362/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)NO.22362/2014 & con.cases

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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 T.R.RAVI

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MONDAY, THE 20^TH DAY OF DECEMBER 2021 / 29TH AGRAHAYANA, 1943 WP(C) NO. 8924 OF 2016

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PETITIONER:

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M.G.SIDHARTHAN AGED 66 YEARS S/O.GOVINDA PANICKER, PANICKER'S HOUSE, PATTANAKKAD P.O., CHERTHALA, ALAPPUZHA DISTRICT.

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BY ADV SRI.B.JAYASURYA

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RESPONDENTS:

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1 PATTAANAKKAD GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, PATTANAKKAD P.O., ALAPPUZHA DISTRICT 688 531.

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2 THE SECRETARY PATTANAKKAD GRAMA PANCHAYAT PATTANAKKAD P.O., ALAPPUZHA DISTRICT 688 531.

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3 THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, THATHAMPALLY P.O., ALAPPUZHA DISTRICT 688 013.

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4 THE MEDICAL OFFICER P.H.CENTER VETTACKAL, ALAPPUZHA DISTRICT 688 529.

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WP(C)NO.22362/2014 & con.cases

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5 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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BY ADVS. MURALI PURUSHOTHAMAN DEEPU LAL MOHAN SRI.NAVEEN.T NAVEEN.T

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.12.2021, ALONG WITH WP(C).22362/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)NO.22362/2014 & con.cases

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T.R.RAVI, J.

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 WP(C) No.22362 of 2014,
 WP(C) No.14392 of 2021 &
 WP(C) No.8924 of 2016

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 Dated this the 20th day of December , 2021

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JUDGMENT

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The only issue that is raised in all these writ petitions is
regarding renewal of the license issued by the Panchayat to the
petitioner in WP(C)No.14392/2021. Pending the writ petition, on
07.12.2021, this Court had directed the Pollution Control Board to
inspect the premises and ascertain whether the Effluent Treatment
Plant is functioning properly and file a report. A report has been
filed by the Pollution Control Board stating that on inspection it
was found that the ETP has been provided with an aeration unit
and except some minor defects, the plant is functioning. It is
submitted that sample was collected from the ETP and handed
over to the Board's laboratory for analysis and that the report after
analysis is awaited.

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2. In the above circumstances, the 2nd respondent is directed
to consider the report that is obtained after analysis and to ensure
that the plant is working in order and either submit a report or

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WP(C)NO.22362/2014 & con.cases

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intimate the Panchayat regarding the same. On receipt of the
report from the Pollution Control Board, the Panchayat shall issue
orders on the renewal of the license.

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3. The Pollution Control Board has made certain suggestions
in their report. The petitioners shall take all efforts to comply with
the same to the best possible manner. Necessary action shall be
taken by the parties as expeditiously as possible. The interim order
granted by this Court shall remain in force till orders are passed on
the application for renewal of license.

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Sd/-

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T.R.RAVI

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JUDGE

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Sn

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APPENDIX OF WP(C) 22362/2014

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF THE SKETCH SHOWING THE LOCATION.

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Exhibit P2 TRUE COPY OF THE CONSENT LETTER NO.PCB/ALP/IC-2106/2012 ISSUED BY THE 2ND RESPONDENT DTD.9.11.2012.

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Exhibit P3 TRUE COPY OF THE ACKNOWLEDGMENT RECEIVED FROM THE 2ND RESPONDENT.

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Exhibit P4 TRUE COPY OF THE RECEIPT ISSUED FROM COLLECTORATE, ALAPPUZHA. Exhibit P5 TRUE COPY OF THE RECEIPT FROM THE DISTRICT MEDICAL OFFICER. Exhibit P6 TRUE COPY OF THE COMMUNICATION NO.C4-465/2012 DTD.26.5.2012 BY THE SECRETARY, PATTANAKKAD GRAMA PANCHAYATH. Exhibit P7 TRUE COPY OF THE COMMUNICATION ISSUED BY THE ENVIRONMENTAL ENGINEER DTD.5.8.2014.

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Exhibit P8 TRUE COPY OF THE COMMUNICATION NO.C3-924/13 DATED 30.8.2014 BY THE SECRETARY PATTANAKAD GRAMA PANCHAYATH

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RESPONDENT'S EXHIBITS

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ANNEXURE R2(a) TRUE COPIES OF THE REPRESENTATION SUBMITTED BY THE UNIT DATED 21.8.14 ANNEXURE R2(b) TRUE COPY OF THE ANALYSIS REPORT DATED 16.10.14 EXHIBIT R-5 (a) TRUE COPY OF THE CONSENT DATED 18.6.2015 ISSUED BY THE 2ND RESPONDENT.

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APPENDIX OF WP(C) 14392/2021

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE BY THE 1ST RESPON	NOTICE DATED 1.2.2021 ISSUED DENT.
Exhibit P2	TRUE COPY OF THE SUBMITTED BY THE RESPONDENT UNDER	APPLICATION DATED 17-2-2021 PETITIONER TO THE 1ST RIGHT TO INFORMATION ACT.
Exhibit P3	TRUE COPY OF THE 2021 ISSUED BY TH	ANALYSIS REPORT DATED 30-03- E 2ND RESPONDENT.
Exhibit P4	TRUE COPY OF THE 5-3-2021 ISSUED B	SANITARY CERTIFICATE DATED Y THE 3RD RESPONDENT.
Exhibit P5	TRUE COPY OF THE 3-2021 SUBMITTED 1ST RESPONDENT.	RENEWAL APPLICATION DATED 5- BY THE PETITIONER BEFORE THE
Exhibit P6	TRUE COPY OF THE PETITIONER DATED RESPONDENT.	REPLY GIVEN BY THE 27-11-2021 TO THE 2ND
Exhibit P7	TRUE COPY OF THE RESPONDENT DATED	LETTER ISSUED BY THE 2ND 15-11-2021.
Exhibit P8	THE TRUE COPY OF ISSUED BY THE 2ND 2021.	THE WATER ANALYSIS REPORT RESPONDENT DATED 15-11-

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RESPONDENT'S EXHIBITS

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Exhibit R1(a)	THE PHOTOCOPY OF LETTER NO.C10-1534/2020
	DATED 18/03/2020 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT.
Exhibit R1(b)	THE PHOTOCOPY OF LETTER NO.286/2020 DATED
	29/05/2020 ISSUED BY THE 3RD RESPONDENT TO
	THE 4TH RESPONDENT.

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Exhibit R1(c)	THE PHOTOCOPY OF REPRESENTATION DATED 23/05/2020 SUBMITTED BY SHRI.M.K.SIVARAMAN AND OTHERS BEFORE THE 1ST RESPONDENT.
Exhibit R1(d)	THE PHOTOCOPY OF LETTER NO.C6-1003/2020 DATED 09/09/2020 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.
Exhibit R1(e)	THE PHOTOCOPY OF THE NOTICE NO.PCB/ALP/TG- 400/19 DATED 25/09/2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
Exhibit R1(f)	THE PHOTOCOPY OF THE LETTER NO.PCB/ALP/TG- 400/19 DATED 25/09/2020 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.
Exhibit R1(g)	THE PHOTOCOPY OF LETTER NO.PCB/ALP/TG-400/19 DATED 23/11/2020 ISSUED BY THE 2ND RESPONDENT TO SHRI.M.K.SIVARAMAN.
Exhibit R1(h)	THE PHOTOCOPY OF LETTER NO.C10-2220/2020 DATED 28/07/2020 ISSUED BY THE 1ST RESPONDENT TO SRI.M.K.SIVARAMAN.
Exhibit R1(i)	THE PHOTOCOPY OF REPRESENTATION DATED 02/12/2020 SUBMITTED BY SHRI.M.K.SIVARAMAN AND OTHERS BEFORE THE 1ST RESPONDENT.
Exhibit R1(j)	THE PHOTOCOPY OF LETTER DATED 14/12/2020 ISSUED BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT.
Exhibit R1(k)	THE PHOTOCOPY OF LETTER NO.C6.1720/2021 DATED 14/01/2021 ISSUED BY THE DISTRICT MEDICAL OFFICER, ALAPPUZHA TO THE 1ST RESPONDENT.
Exhibit R1(l)	THE PHOTOCOPY OF LETTER DATED 08/02/2021 SUBMITTED BY SHRI.M.K.SIVARAMAN BEFORE THE 1ST RESPONDENT.
Exhibit R1(m)	THE PHOTOCOPY OF REPRESENTATION DATED 06/02/2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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Exhibit R1(n)	THE PHOTOCOPY OF THE LETTER NO.C1-879/21 DATED 05/03/2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER ALONG WITH RELEVANT PAGE OF EXT.R1(K) BEARING THE PETITIONER'S ENDORSEMENT AND SIGNATURE REGARDING RECEIPT OF DOCUMENTS.
Exhibit R1(o)	THE PHOTOCOPY OF ORDER NO.1003/2020 DATED 15/03/2021 ISSUED BY THE 1ST RESPONDENT ALONG WITH THE REVERSE SIDE OF SAID DOCUMENT BEARING ENDORSEMENT AND SIGNATURE OF THE PETITIONER.
Exhibit R1(p)	THE PHOTOCOPY OF APPLICATION DATED 13/07/2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
Exhibit R1(q)	THE PHOTOCOPY OF LETTER NO.C6-2406/2021 DATED 15/07/2021 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.
Exhibit R1(r)	THE PHOTOCOPY OF LETTER NO.C6-2406/21 DATED 15/07/2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
Exhibit R1(s)	THE PHOTOCOPY OF COMPLAINT DATED 09/02/2021 SUBMITTED BY SHRI.M.K.SIVARAMAN BEFORE THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS AND NUMBERED AS OP.NO.73/2021 ALONG WITH NOTICE DATED 02/07/2021 ISSUED TO THE 1ST RESPONDENT BY THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTION.
Exhibit R1(t)	THE PHOTOCOPY OF REPORT NO.C1-2455/2021 DATED 20/07/2021 SUBMITTED BY THE 1ST RESPONDENT BEFORE THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTION.
Exhibit R1(u)	THE PHOTOCOPY OF THE INTERIM ORDER DATED 20/07/2021 OF THIS HON'BLE COURT IN WPC.NO.14392/2021.
Exhibit R1(v)	THE PHOTOCOPY OF ORDER NO.C6-2406/2021 DATED 04/08/2021 ISSUED BY THE 1ST RESPONDENT.

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ANNEXURE R2(a)	True copy the board	of the to the	consent to operate issued by petitoner on 9.11.2012
ANNEXURE R2(b)	True copy issued to 16.05.2019	of the the pet	consent to operate-renewal itioner's unit dated
ANNEXURE R2(c)	TRUE COPY ISSUED BY	OF THE THE BOA	NOTICE DATED 11.6.2020 RD
ANNEXURE R2(d)	TRUE COPY DATED 25.9	OF THE .2020	CLOSURE INTENTION NOTICE
ANNEXURE R2(e)	TRUE COPY 15.1.2021	OF THE ISSUED	SHOW CAUSE NOTICE DATED BY THE BOARD
ANNEXURE R2(f)	TRUE COPY NOTICE DAT	OF THE ED 10.1	CONSENT WITHDRAWAL INTENTION 1.2021 ISSUED BY THE BOARD
ANNEXURE R2(g)	TRUE COPY SUBMITTED	OF THE BY THE	LETTER DATED 11.11.2021 UNIT OWNER.

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APPENDIX OF WP(C) 8924/2016

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PETITIONER'S EXHIBITS

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EXHIBIT P1 TRUE COPY OF LICENSE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER

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EXHIBIT P2 COPY OF THE CERTIFICATE ISSUED BY THE 4TH RESPONDENT

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EXHIBIT P3 TRUE COPY OF THE CONSENT TO OPERATE DATED 9/9/2015 ISSUED BY THE 3RD RESPONDENT

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EXHIBIT P4 TRUE COPY OF THE ORDER DATED 29/2/2016 ISSUED BY THE 2ND RESPONDENT

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EXHIBIT P5 TRUE COPY OF THE REPORT OF ANALYSIS OF EFFLUENT TREATMENT PLANT

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RESPONDENT'S EXHIBITS : NIL

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//TRUE COPY// PA TO JUDGE

M.G. Sidharthan v. the Secretary

Case brief

What is this about?

What did the court decide?

M.G. Sidharthan v. the Secretary

Case brief

What is this about?

What did the court decide?

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