Mathai Varghese vs State Of Kerala on 18 December, 2009

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Kerala High Court
Mathai Varghese vs State Of Kerala on 18 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14773 of 2009(S)


1. MATHAI VARGHESE
                      ...  Petitioner
2. BABU P. VARGHESE

                        Vs



1. STATE OF KERALA
                       ...       Respondent

2. KOZHENCHERRY GRAMA PANCHAYATH

3. THE KERALA STATE POLLUTION CONTROL BOARD

4. THE ENVIRONMENTAL ENGINEER

                For Petitioner  :SRI.S.ARUN RAJ

                For Respondent  :SRI.THOMAS ABRAHAM,SC,KOZHENCHERRY G PA

The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :18/12/2009

 O R D E R
S.R. Bannurmath, C.J. &              Thottathil B. Radhakrishnan, J.

        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                     W.P.(C) No. 36005 OF 2008
                                    and
                     W.P.(C) No.14773 OF 2009
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
            Dated this the 18th day of December, 2009

                               JUDGMENT

S.R.Bannurmath, C.J.

This Public Interest Litigation is filed alleging menace to the

environment in respect of the unauthorised erection of Bio-waste

Treatment Plant in the public Stadium in Kozhencherry Grama

Panchayat.

2. In this regard, this Court had appointed a Commissioner

to look into the matter and submit a report. The Advocate

Commissioner studied the facts situation in detail and submitted

that presently there is no possibility of any health hazard because

of the operation of the Bio-waste Treatment Plant.

3. The Pollution Control Board is the authority which is

required to consider the grant of consent and as such we direct

the Pollution Control Board to consider the issuing of consent to

operate the Bio-waste Treatment Plant in accordance with law

after giving opportunity to the petitioner also to represent his

W.P.(C) No. 36005 OF 2008 and
W.P.(C) No.14773 OF 2009

-:2:-

case. It is made clear that if after six months of the starting of

the operation of the Bio-waste Treatment Plant, if any health

hazard effect is found, it is open for the Pollution Control Board to

take appropriate action in this regard.

With this observation, the Writ Petitions are disposed of.

S.R. Bannurmath,
Chief Justice.

Thottathil B. Radhakrishnan,
Judge.

ttb

W.P.(C) No. 36005 OF 2008 and
W.P.(C) No.14773 OF 2009

-:3:-

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