IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 37175 of 2003(A)
1. A.P.BHASKARAN, S/O. APPU,
... Petitioner
Vs
1. PERUVAYAL GRAMA PANCHAYATH,
... Respondent
2. K.A.SUMATHI AMMA, D/O. KRISHNAN NAIR,
3. SREEKANTH, S/O. T.HARIDAS,
4. THE ASSISTANT ENVIRONMENTAL ENGINEER,
For Petitioner :SRI.T.SETHUMADHAVAN
For Respondent :SRI.M.A.MANHU
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :06/06/2007
O R D E R
KURIAN JOSEPH, J.
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W.P.(C). NO. 37175 OF 2003 &
W.P.(C). NO. 37381 OF 2004
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Dated this the 6th day of June, 2007.
J U D G M E N T
The subject matter of both writ petitions pertains to the
alleged pollution caused by the writ petitioner in the former writ
petition in running a saw mill. The said writ petitioner has been
running the saw mill for the last more than two decades. There
is serious dispute on that by the writ petitioner in the latter writ
petition.
2. Be that as it may, it is seen that the Appellate Authority
has passed Exhibit P8 judgment setting aside the order dated
11.03.2004 passed by the Pollution Control Board refusing
consent to operate the saw mill and has remitted the matter for
fresh consideration. After having extensively heard the parties, I
am of the view that the interest of all the parties can be
safeguarded, if the Pollution Control Board is directed to pass
fresh orders pursuant to Exhibit P8 in W.P.(C). No. 37381/2004
with notice to all the parties, untramelled by the observations
therein. Accordingly, these writ petitions are disposed of with the
following directions.
W.P.(C). NOs. 37175/03 & 37381/04 2
1) There will be a direction to the Kerala State
Pollution Control Board to consider the issue
afresh and pass orders, untramelled by the
observation in Ext. P8 in W.P.(C).No.37381/04,
with notice to the parties to the writ
petitions including the Grama Panchayath.
2) There will also be a direction to a competent
officer under the Pollution Control Board to
conduct a site inspection with notice to both
the writ petitioners and the Grama Panchayath
before passing orders as above.
3) Depending on the order thus passed by the
Kerala State Pollution Control Board, the
required orders will be passed by the Grama
Panchayath.
4) The writ petitioner in W.P.(C). No. 37381/2004
will also be afforded sufficient opportunity
while considering the application by the
Panchayath for the renewal of licence, if it
requires such consideration based on the order
by the Pollution Control Board.
5) The orders as above shall be passed by
the Pollution Control Board within a period
of four months from the date of receipt of
a copy of this judgment. Consequential orders,
W.P.(C). NOs. 37175/03 & 37381/04 3
if required, will be passed by the Grama
Panchayath within a period of another two
months.
6) It is made clear that in case the petitioner
in W.P.(C). No. 37175/2003 provides for the
remedial measures for abatement of pollution as
directed by the Pollution Control Board, renewal
shall not be refused since the refusal to renew
the licence is only on the ground of non-
compliance of the directions issued by the
Pollution Control Board. Until orders are
passed as above by the Pollution Control
Board and Grama Panchayath, interim order
passed by this Court in W.P.(C).No. 37175/2003
will continue. The functioning of the saw mill
shall not be disturbed since it is said to be
functioning as per the directions issued by this
Court in W.P.(C). No. 15700/2004, till orders as
above are passed.
These writ petitions are disposed of as above.
KURIAN JOSEPH, JUDGE.
smp