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
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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
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