High Court Kerala High Court

T.P. Moideen Haji vs The Kerala State Pollution … on 11 November, 2008

Kerala High Court
T.P. Moideen Haji vs The Kerala State Pollution … on 11 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33193 of 2008(B)


1. T.P. MOIDEEN HAJI,
                      ...  Petitioner

                        Vs



1. THE KERALA STATE POLLUTION CONTROL
                       ...       Respondent

                For Petitioner  :SRIC.M.MOHAMMED IQUABAL

                For Respondent  :SRI.A.SUDHI VASUDEVAN,SC,POLLUTION CONT

The Hon'ble MR. Justice V.GIRI

 Dated :11/11/2008

 O R D E R
                            V. GIRI, J.
                   -------------------------------
                   WP(C).NO. 33193 of 2008
                  ---------------------------------
        Dated this the 11th      day of November, 2008.

                            JUDGMENT

The petitioner sought for sanction of the Pollution Control

Board to establish a crusher unit in the property belonging to him

and situated in Tirurangadi Taluk in Malappuram District. It is

admitted that earlier the guidelines adopted by the Pollution

Control Board stipulated a minimum distance of 250 meters from

the site of the unit to the nearest residence and it is accordingly

that Ext.P1 sanction is issued. The petitioner has proceeded to

establish a unit and the construction in this regard is underway,

according to him. In the meanwhile, the condition regarding

distance, according to the petitioner, has been relaxed by reducing

it from 250 to 200 as per Ext.P5 office order dated 8.10.2007.

The petitioner therefore has sought for the benefit of relaxation

and submitted Ext.P6 in this regard before the Pollution Control

Board. The petitioner seeks a direction to consider Ext.P6.

I heard learned Standing Counsel for the Board also. Since

the sanction order contemplates variation of the condition

WPC. 33193/2008 2

therein, Ext.P6 requires consideration by the Board.

In the result, the writ petition is disposed of directing the

respondent to consider Ext.P6, hear the petitioner and take an

appropriate decision thereon. This shall be done within a period

of two months from the date of receipt of a copy of this

judgment. The petitioner shall produce a copy of this judgment

along with a copy of the writ petition before the respondent .

V. GIRI, JUDGE.

Pmn/

WPC. 33193/2008    3