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A.P.Bhaskaran vs Peruvayal Grama Panchayath on 6 June, 2007

Kerala High Court
A.P.Bhaskaran vs Peruvayal Grama Panchayath on 6 June, 2007
       

  

  

 
 
  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.

                      -------------------------------------

                       W.P.(C). NO. 37175 OF 2003 &

                      W.P.(C). NO. 37381 OF 2004

                  ---------------------------------------

                 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

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