IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33193 of 2008(B)
1. T.P. MOIDEEN HAJI,
... Petitioner
Vs
1. THE KERALA STATE POLLUTION CONTROL
... Respondent
For Petitioner :SRIC.M.MOHAMMED IQUABAL
For Respondent :SRI.A.SUDHI VASUDEVAN,SC,POLLUTION CONT
The Hon'ble MR. Justice V.GIRI
Dated :11/11/2008
O R D E R
V. GIRI, J.
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WP(C).NO. 33193 of 2008
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Dated this the 11th day of November, 2008.
JUDGMENT
The petitioner sought for sanction of the Pollution Control
Board to establish a crusher unit in the property belonging to him
and situated in Tirurangadi Taluk in Malappuram District. It is
admitted that earlier the guidelines adopted by the Pollution
Control Board stipulated a minimum distance of 250 meters from
the site of the unit to the nearest residence and it is accordingly
that Ext.P1 sanction is issued. The petitioner has proceeded to
establish a unit and the construction in this regard is underway,
according to him. In the meanwhile, the condition regarding
distance, according to the petitioner, has been relaxed by reducing
it from 250 to 200 as per Ext.P5 office order dated 8.10.2007.
The petitioner therefore has sought for the benefit of relaxation
and submitted Ext.P6 in this regard before the Pollution Control
Board. The petitioner seeks a direction to consider Ext.P6.
I heard learned Standing Counsel for the Board also. Since
the sanction order contemplates variation of the condition
WPC. 33193/2008 2
therein, Ext.P6 requires consideration by the Board.
In the result, the writ petition is disposed of directing the
respondent to consider Ext.P6, hear the petitioner and take an
appropriate decision thereon. This shall be done within a period
of two months from the date of receipt of a copy of this
judgment. The petitioner shall produce a copy of this judgment
along with a copy of the writ petition before the respondent .
V. GIRI, JUDGE.
Pmn/ WPC. 33193/2008 3