IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 10122 of 2008(E)
1. SUNIL KUMAR.M.S/O.MOHANAN PILLAI
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. THE DISTRICT MEDICAL OFFICER
3. THE DIVISIONAL FIRE OFFICER
4. THE ENVIRONMENTAL ENGINEER
5. THE KARTHIKAPALLY GRAMA PANCHAYATH
For Petitioner :SRI.SAJITH KUMAR V.
For Respondent :SRI.A.RAJASIMHAN
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :09/04/2008
O R D E R
PIUS.C.KURIAKOSE, J.
- - - - - - - - - - - - - - - - - - - - -
W.P.(c).No. 10122 OF 2008
- - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 9th day of April, 2008
JUDGMENT
Extensive submissions were addressed before me by Sri.V.Sajith
Kumar, learned counsel for the petitioner, Sri.M.K.Chandramohan
Das, learned counsel for the Pollution Control Board and Sri.G.Beno,
counsel for the contesting party respondent. Having regard to the
submissions and the circumstance that the petitioner has submitted
Ext.P6 letter before the Environmental Engineer of the Pollution
Control Board, I am of the view that if the petitioner applies to the
Pollution Control Board formally for consent to operate the additional
unit namely “Aswathy Wood Works Unit 2”, the 4th respondent will
consider that application, conduct necessary local inspections and if it
is seen that the petitioner has satisfied all the statutory requirements,
the 4th respondent should issue consent.
Accordingly, I dispose of the writ petition without expressing any
opinion regarding the eligibility of the petitioner to get consent for his
additional unit. Once such application is received, the 4th respondent
WPC.No.10122/08 2
will inspect the premises with notice to the Panchayat and the petitioner
and also Sri.N.Rajan, who has been impleaded as additional respondent
No.6 and conduct a local inspection. After such local inspection is
conducted, the application will be duly enquired into by the 4th
respondent and final orders passed. Before passing final orders, the 4th
respondent will hear the petitioner as well as the additional 6th
respondent and call for remarks from the 5th respondent Panchayat. It
is needless to state that consent to operate will be issued to the
petitioner only if the 4th respondent is convinced that the unit has been
established with consent to establish and that the pollution to be
generated by the unit will be within the permitted levels. In the
meanwhile there will be a direction to the 5th respondent to ensure that
the petitioner does not conduct the additional unit unless he is having a
licence duly issued by the Panchayat for conducting the said unit. The
5th respondent will ensure by seeking police assistance that the above
direction is complied with by the petitioner.
PIUS.C.KURIAKOSE
JUDGE
sv.
WPC.No.10122/08 2