Disposed

K.N. Antony, v. Kerala Pollution Control Board

Kerala HC8 Apr 2024WP(C)/1028/2023

Case brief

AI extract

What is this about?

Petitioners sought action against a neighbouring industrial unit alleged to cause public nuisance. The Pollution Control Board stated consent to operate had been granted valid until 30.09.2027. Recording this, the court disposed of the petition, leaving petitioners free to report any violation of the consent conditions to the Board for remedial action.

What the court decided

AI extract

K.N. Antony, Vs Kerala Pollution Control Board — Environment and Pollution | Kerala HC (2024)

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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 MOHAMMED NIAS C.P.

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MONDAY, THE 8THDAY OF APRIL 2024 / 19TH CHAITHRA, 1946

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WP(C) NO. 1028 OF 2023

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PETITIONERS:

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K.N. ANTONY, AGED 69 YEARS S/O NIKOLAS,

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1 KURISHUPURAKKAL HOUSE, OCHANTHURUTH P.O., VYPIN,

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ERNAKULAM DISTRICT, PIN - 682508 THOMSON WRIGHT, AGED 63 YEARS S/O WRIGHT,

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2 PALAKKAL HOUSE, OCHANTHURUTH P.O., VYPIN, ERNAKULAM DISTRICT, PIN - 682508 SHIBU JOHNY, AGED 49 YEARS S/O JOHNY, MANGALATH

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3 HOUSE,OCHANTHURUTH P.O., VYPIN, ERNAKULAM DISTRICT, PIN - 682508 BY ADVS. ANEESH K.R SAURAV B.

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RESPONDENTS:

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KERALA POLLUTION CONTROL BOARD, REPRESENTED BY ITS ENVIRONMENTAL ENGINEER,DISTRICT OFFICE - 1,

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1 ERNAKULAM, GANDHINAGAR,KOCHI, KERALA, PIN - 682020 ELANKUNNAPUZHA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY,ELAMKUNNAPUZHA GRAMA

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2 PANCHAYAT,MALIPPURAM, KOCHI, KERALA, PIN - 682511 LOCAL SELF GOVERNMENT DEPARTMENT, REPRESENTED BY ITS SECRETARY,LOCAL SELF GOVERNMENT DEPARTMENT

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3 (RURAL),ROOM NO. 404A, 4TH FLOOR, ANNEX 1, SECRETARIAT,THIRVANANTHAPURAM, KERALA, PIN - 695001 HEALTH INSPECTOR, COMMUNITY HEALTH CENTRE,

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4 MALIPPURAM,KOCHI, KERALA, PIN - 685251

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5 JOSEPH K.N., AGE UNKNOWN, PROPREITOR M/S MINI

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W.P.(C) No.1028 of 2023

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INDUSTRIES, OPPOSITE TO RAJAGIRI ROAD, SOUTH
MALIPURAM, ELAMKUNNAPUZHA, ERNAKULAM, DISTRICT,
PIN - 682508
REVENUE DIVISION OFFICER, FORT KOCHI, FIRST
6
FLOOR, KB JACOB ROAD, FORT KOCHI, KOCHI -682001
BY ADVS. P.M.BENZIR R.LAKSHMI NARAYAN (SR.)
R.RANJANIE

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SRI.T.NAVEEN ,SC. SMT. SHEEBA SABAREESH, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P.(C) No.1028 of 2023

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JUDGMENT

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Dated this the 8th day of April, 2024

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This writ petition is filed seeking the following

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prayers:

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“A. Issue of writ of mandamus or any other appropriate

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writ order or direction directing the First and Second Respondent take appropriate steps on Exhibits P4 and

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P8, expeditiously as possible well within a time period prescribed by this Honourable court.

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B. Issue of writ of mandamus or any other appropriate writ order or direction directing the First and Second Respondent take appropriate steps to restrain the fifth respondent from carrying out hazardous activities in the name of M/s Mini Industries and prevent them from causing any public nuisances to the petitioners.

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C. It is also prayed that this Honourable court may be pleased to dispense with the Exhibits produced along with this writ petition in vernacular languages.

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W.P.(C) No.1028 of 2023

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D. Pass such other order or direction as this Hon'ble

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court may deem fit and proper in the facts and circumstances of the case.”.

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Today when the matter is taken up, learned Standing

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Counsel for the 1st respondent Kerala State Pollution Control Board submits that consent to operate has already been granted to the 5th respondent, which is valid upto 30.09.2027.

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This is recorded. Accordingly, no further orders are to be passed in the writ petition. In case, the 5th respondent violates any of the conditions in the consent to operate granted to it, it will be open to the petitioner, to bring the same to the notice of the 1st respondent, who then will take appropriate remedial action to prevent a violation.

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This writ petition is disposed of as above.

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Sd/MOHAMMED NIAS C.P. JUDGE

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SSK/08/04

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W.P.(C) No.1028 of 2023

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APPENDIX OF WP(C) 1028/2023

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PETITIONER EXHIBITS

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`Exhibit P1` `Exhibit P2`	`THE TRUE COPY OF` `ISSUED BY THE 2ND` `THE TRUE COPY OF` `ISSUED BY THE 2ND` `QUESTIONS UNDER R` `ENQUIRED BY THE 1`	`THE` `RE` `THE` `RE` `IGH` `ST`	`ORDER DATED 07/04/2022` `SPONDENT` `LETTER DATED 23.05.2022` `SPONDENT ANSWERING THE` `T TO INFORMATION ACT` `PETITIONER`
`Exhibit P3`	`THE TRUE COPY OF` `05.08.2022 ISSUED` `THE FIFTH RESPOND`	`THE` `BY` `ENT`	`SHOW CAUSE NOTICE DATED` `THE FIRST RESPONDENT TO`
`Exhibit P4` `Exhibit P5` `Exhibit P6`	`THE TRUE COPY OF` `TO THE 2ND RESPON` `THE TRUE COPY OF` `05/11/2022 ISSUED` `THE TRUE COPY OF` `4TH RESPONDENT DA` `THE TRUE COPY OF`	`THE` `DEN` `THE` `BY` `THE` `TED` `THE`	`COMPLAINT DATED 27/8/2022` `T` `SHOW CAUSE NOTICE DATED` `THE FIRST RESPONDENT` `REPORT SUBMITTED BY THE` `18/11/2022` `COMPLAINT LODGED BY THE`
`Exhibit P7`	`2ND AND 3RD PETIT` `DISTRICT COLLECTO` `RESPONDENTS`	`ION` `R E`	`ERS DATED 6/12/2022 TO THE` `RNAKULAM, 2ND AND 6TH`
`Exhibit P8` `Exhibit` `P8(a)`	`THE TRUE COPY OF` `BEFORE PRINCIPAL` `THE TRUE COPY OF` `INJUNCTION ORDER`	`THE` `MUN` `THE`	`PLAINT IN OS NO 375/2022` `SIFFS COURT KOCHI` `AD INTERIM TEMPORARY`
`Exhibit P9`	`THE PHOTOGRAPHS O` `ILLEGAL ACTIVITIE` `RESPONDENT`	`F T` `S A`	`HE BUILDING WHERE THE` `RE CONDUCTED BY THE FIFTH`
`Exhibit P10`	^{THE TRUE COPY OF} `RESPONDENT DATED`	^THE `13/`	^{LETTER ISSUED BY THE 2ND} `12/2022`

K.N. Antony, v. Kerala Pollution Control Board

Case brief

What is this about?

What the court decided

K.N. Antony, v. Kerala Pollution Control Board

Case brief

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