Court disposed of writ petition upon respondent stating industrial unit stopped functioning and consent expired, allowing petitioner to refile if unit restarts without licenses.
Petition disposed; petitioner at liberty to approach Court again if unit starts functioning without licenses.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 29TH DAY OF NOVEMBER 2022 / 8TH AGRAHAYANA, 1944
WP(C) NO. 3424 OF 2022
PETITIONER:
ANITHA SUJITH, AGED 35 YEARS,W/O. SUJITH K.S., RESIDING AT KOCHUNADACKAL HOUSE, PALLIPURAM P.O. CHERTHALA, ALAPPUZHA DISTRICT 688 541. BY ADVS. K.N.RADHAKRISHNAN(THIRUVALLA) R.KISHORE (KALLUMTHAZHAM)
RESPONDENTS:
1 THE STATE OF KERALA REP.BY THE SECRETARY TO THE GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2 ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, SNV SADANAM, HEAD POST, OFFICE P.O ALAPPUZHA 688 001.
3 THE THAIKKATTUSERRY GRAMA PANCHAYATH, THAIKKATTUSERRY P.O., ALAPPUZHA DISTRICT, 688 528, REP. BY ITS SECRETARY. 4 SOBERS, AGED 45 YEARS SITHARAYIL HOUSE, MARUTHORVATTOM P.O., CHERTHALA, ALAPPUZHA - 688 541. BY ADV B.PRAMOD SRI.T NAVEEN SC. SRI.C.K.SAJEEV SC. SMT.DEEPA NARAYANAN SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) No. 3424 of 2022
J U D G M E N T
Dated this the 29th day of November, 2022
Standing Counsel for the Pollution Control Board
submits that the period of Ext.P5 is expired and as on date, the Consent has not been extended. The Standing Counsel further submits that the 4th respondent has informed that he has stopped the functioning of the industrial unit. The counsel for the 4th respondent also submits that the functioning of the industrial unit has been stopped. In that view of the matter, no further adjudication is required in this writ petition.
The writ petition is disposed of recording the above submissions. The petitioner will be at liberty to take up the matter again if the unit starts functioning again without obtaining requisite licences and consents.
Sd/-
N. NAGARESH
JUDGE
ams
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WP(C) No. 3424 of 2022
APPENDIX OF WP(C) 3424/2022
PETITIONER'S EXHIBITS
Exhibit P1 THE COPY OF STOP MEMO ISSUED BY THE THIRD RESPONDENT TO THE SAID SURESH DATED 16.08.2021. Exhibit P2 THE COPY OF COMMUNICATION ISSUED FROM THE THYKKATTUSERRY GRAMA PANCHAYATH TO THE PETITIONER DATED 23.10.2021. Exhibit P3 THE COPY OF PLAINT IN O.S. 418/202 OF THE MUNSIFFS COURT, CHERTHALA DATED 24.09.2021. Exhibit P4 HE COPY OF TEMPORARY INJUNCTION GRANTED IN I.A. NO. 01/2021 IN O.S. NO. 418 OF 2021 OF MUNSIFFS COURT, CHERTHALA DATED 08.01.2021. Exhibit P5 THE COPY OF CONSENT TO OPERATE ISSUED BY THE SECOND RESPONDENT IN FAVOUR OF FOURTH RESPONDENT DATED 03.11.2021. Exhibit P6 THE COPY OF LICENSE ISSUED BY THE THIRD RESPONDENT DATED 12.11.2021 IN FAVOUR OF FOURTH RESPONDENT. Exhibit P7 THE TYPE WRITTEN COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT DATED 25.01.2022. Exhibit P8 THE TYPED COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT DATED 25.01.2022.
ANITHA SUJITH
THE STATE OF KERALA
ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD
THAIKKATTUSERRY GRAMA PANCHAYATH
SOBERS
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
