Cites 2 docs
Section 31 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
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Kerala High Court
K.A.John vs The Appellate Authority ...
       

  

  

 
 
                          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                 PRESENT:

                   THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                  FRIDAY,THE 29TH DAY OF AUGUST 2014/7TH BHADRA, 1936

                                    WP(C).No. 22061 of 2014 (G)
                                    -----------------------------------------

PETITIONER :
---------------------

            K.A.JOHN,
            PATTASSERIL, KUZHIMATTOM.P.O,KOTTAYAM
            KERALA STATE.

            BY ADVS.SRI.P.VINODKUMAR
                          SRI.T.K.AJITH KUMAR

RESPONDENTS :
----------------------------

        1. THE APPELLATE AUTHORITY (CONSTITUTED UNDER SECTION 31 OF
            THE AIR (PREVENTION & CONTROL OF POLLUTION/ACT,1981 ACT),
            REPRESENTED BY ITS SECRETARY, "DEVIKRIPA", PALLIMUKKU,
            PATTOM, VANCHIYOOR.P.O, THIRUVANANANTHAPURAM - 695 001.

        2. THE KERALA STATE POLLUTION CONTROL BOARD,
            PATTOM.P.O, THIRUVANANTHAPURAM - 695 004.

        3. THE ENVIRONMENTAL ENGINEER,
            THE KERALA STATE POLLUTION CONTROL BOARD, NAGAMPADAM,
            KOTTAYAM - 686 001.

        4. MATHEW THOMAS,
            PROPRIETOR, ST.THOMAS TIMBER INDUSTRIES,
            KUZHIMATTOM.PO, KOTTAYAM - 686 016.

            R1 TO R3 BY ADV. SRI. M.AJAY, SC

           THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
          ON 29-08-2014, THE COURT ON THE SAME DAY DELIVERED THE
          FOLLOWING:


Msd.

WP(C).No. 22061 of 2014 (G)
-----------------------------------------

                                            APPENDIX

PETITIONER(S)' EXHIBITS
-------------------------------------

EXT.P1:              TRUE COPY OF THE JUDGMENT IN ORIGINAL PETITION AS
                     O.P.NO.27582/2000.

EXT.P2:              TRUE COPY OF THE APPEAL 25.06.2014.

RESPONDENT(S)' EXHIBITS
-----------------------------------------
                                            NIL

                                                         //TRUE COPY//


                                                         P.A.TO JUDGE.

Msd.



               A.MUHAMED MUSTAQUE, J.

                 = = = = = = = = = = = = =
                 WP(C).No.22061 of 2014-G.
                 = = = = = = = = = = = = =

          Dated this the 29th day of August, 2014.

                      J U D G M E N T

The petitioner challenging the consent issued to the 4th respondent to run an industrial unit filed appeal under Section 31 of the Air (Prevention and Control) of Pollution Act, 1981 before the first respondent. The petitioner approached this Court alleging denial of consideration of the appeal by the first respondent. The appeal appears to have been filed on 4.7.2014. The petitioner would submit that the delay involved in the matter would cause serious threat to his life and the functioning of the industry by the 4th respondent has become a nuisance to him and his family .

2. In view of the pendency of the appeal before the first respondent, there shall be a direction to the said respondent to take up Ext.P2 appeal as expeditiously as possible, at any rate, within a period of two months from WP(C).No.22061/2014-G.

2 the date of receipt of a copy of this judgment, after giving opportunity to the petitioner as well as to the 4th respondent.

Writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, (Judge) Kvs/-

// true copy //