High Court Kerala High Court

Spn Granites vs Kerala State Pollution Control … on 5 February, 2010

Kerala High Court
Spn Granites vs Kerala State Pollution Control … on 5 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 1864 of 2010(G)


1. SPN GRANITES, PLACKATTU HOUSE, EDAMON PO
                      ...  Petitioner

                        Vs



1. KERALA STATE POLLUTION CONTROL BOARD,
                       ...       Respondent

                For Petitioner  :SRI.PEEYUS A.KOTTAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :05/02/2010

 O R D E R
                 T.R. RAMACHANDRAN NAIR, J.
               ---------------------------------------
                   W.P.(C) No.1864 OF 2010
               ---------------------------------------
           Dated this the 5rd day of February, 2010.


                          J U D G M E N T

The petitioner is stated to be conducting a metal crusher

unit at Edamon in Pathanamthitta District. The same is situated

within the midst of 30 acres of rubber plantation owned by the

petitioner and his brothers. It is pointed out in the writ petition

that even though the application for No Objection Certificate was

submitted as early as on 17.03.2007, so far the respondent has

not processed the same for granting the No Objection Certificate.

It is further pointed out that the petitioner has already complied

with all the other statutory formalities and the neighbouring

owners have given their consent also. The chance of causing any

pollution is not there, according to the petitioner.

2. Learned Standing Counsel for the respondents submitted

that they are yet to conduct a local inspection and some more

time will be required to complete the process and to take a final

decision in the matter. Learned counsel for the petitioner

W.P.(C) No.1864/2010 2

therefore, submitted that the respondent may be directed to take

a decision on the application after considering various materials

made available by the petitioner also.

There will be a direction to the respondent to take a

decision on the application for issuance of No Objection

Certificate said to have been submitted on 17.03.2007 after

conducting an inspection and after conducting due enquiry in the

matter within a period of two months from the date of receipt of

a copy of this judgment. The petitioner will be given an

opportunity of hearing in the matter.

This writ petition is disposed of as above.

T.R. RAMACHANDRAN NAIR
JUDGE

smp