IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

           THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

    TUESDAY, THE 10TH DAY OF MARCH 2020 / 20TH PHALGUNA, 1941

                        WP(C).No.7167 OF 2020(U)


PETITIONER/S:

                SATHEESAN S
                AGED 55 YEARS
                SON OF SADANANDAN,ABHIN BHAVANAM,
                KALLELIBHAGOM.P.O, KARUNAGAPPALLY-690519.

                BY ADVS.
                SRI.P.B.SAHASRANAMAN
                SRI.T.S.HARIKUMAR

RESPONDENT/S:

      1         KERALA STATE POLLUTION CONTROL BOARD
                REPRESENTED BY ITS MEMBER SECRETARY,
                PATTOM.P.O, THIRUVANANTHAPURAM-695004.

      2         THE ENVIRONMENTAL ENGINEER,
                KERALA STATE POLLUTION CONTROL BOARD,DISTRICT
                OFFICE,USHUS BUILDING,BIG BAZAAR,KOLLAM-691001.

      3         V.N.DEVARAJAN,
                VALIYAPARAMBIL,GRAMAM,ENNAKKADU.P.O,CHENGANNUR,ALAPUZ
                HA-689624.


OTHER PRESENT:

                SRI.T.NAVEEN,SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7167 OF 2020(U)                      2


                          ALEXANDER THOMAS, J.
                       -----------------------------------------
                          W.P.(C.) No. 7167 of 2020
                       -----------------------------------------
                    Dated this the 10th day of March, 2020


                                   JUDGMENT

The case set up in the W.P.(c.) is as follows :

Ext.P1 is the copy of the consent issued by the 2 nd respondent for the Establishment of petroleum outlet. Having found that the seepage from the petrol tanks has an adverse effect on nearby groundwater and wells, the National Green Tribunal appointed a Committee. Based on the Committee report, the Central Pollution Control Board issued guidelines stipulating a safe distance of 50 meters for the establishment of petrol pumps. Ext.P2 is the copy of circular issued by the 1 st respondent, Kerala State Pollution Control Board with regard to the same. The petitioner is residing within 50 meters from the said site. The petitioner made a representation pointing out the above and requested the respondents 1 and 2 not to issue consent to operate the same, in these circumstances. Hasty steps are being taken to issue consent to operate without considering Exhibit.P2 circular and Exhibit.P3.

2. It is in the light of these averments and ontentions that the petitioner has filed the instant W.P.(C.) with the following prayers:

i. "To issue a writ, direction or order in the nature of mandamus or such other appropriate writ, direction or order commanding the respondents 1 and 2 WP(C).No.7167 OF 2020(U) 3 not to issue consent to operate as contemplate by the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 to the petroleum outlet to which consent to establish was granted as per Exhibit.P.1;

ii. ii. To issue a writ, direction or order in the nature of mandamus directing the 1st respondent to consider Exhibit.P.4 representation within a reasonable time and till such time no consent to establish to be granted to the 3 rd respondent for the operation of petroleum outlet to which consent to establish was granted as per Exhibit P.1;

iii. iii. Such other relief's which this Hon'ble Court deems fit and necessary in the circumstances of the case and the costs of this case."

3. Heard Sri. P.B.Sahasranaman, learned counsel appearing for the petitioner, Sri.T.Naveen, learned standing counsel appearing for the Kerala State Pollution control Board, respondent Nos. 1 and 2. In the nature of the orders proposed to be passed in this petition, the notice to respondent No.3 will stand disposed with.

4. Taking note of the facts and circumstances of this case, it is ordered that the 2nd respondent-Environment Engineer of the Kerala State Pollution control Board will take the matters raised in Ext.P4 representation/complaint for consideration, without much delay, after affording reasonable opportunity of being heard to the petitioner and 3 rd respondent, will pass appropriate orders thereon, in accordance with the law, without much delay, within a period of one month from the date of production of a certified copy of this judgment.

5. It is made clear that in case the application submitted by the 3 rd respondent for the statutory consent to operate the petroleum outlet is pending consideration before the 2nd respondent, the 2nd respondent may ensure that an appropriate inspection may be conducted with due prior WP(C).No.7167 OF 2020(U) 4 notice to the 3rd respondent and thereafter, may ensure that copy of the inspection report is given to the petitioner and the 3 rd respondent and appropriate decision may be taken in accordance with the law, by the 2 nd respondent on both the matters raised by the 3 rd respondent in this application for securing consent to operate the unit as well as the objections raised by the petitioner in Ext.P4 complaint, after granting reasonable opportunity of being heard to both sides as stated hereinabove.

6. The Registry will forward a copy of this judgment to the 3 rd respondent for necessary information, at the cost of the petitioner.

With these observations and directions, the above W.P.(C.) will stand disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE SKS WP(C).No.7167 OF 2020(U) 5 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE CONSENT TO ESTABLISH ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT,DATED 24.5.2019.

EXHIBIT P2                 TRUE PHOTOCOPY OF THE CIRCULAR
                           NO.PCB/HO/HOW/RULES 9/7/2019 ISSUED BY THE
                           1ST RESPONDENT,DATED 24.02.2020.

EXHIBIT P3                 TRUE PHOTOSTAT COPY OF THE REPRESENTATION
                           MADE BY THIS PETITIONER,DATED 15.02.2020
                           THE 1ST RESPONDENT.

EXHIBIT P4                 TRUE PHOTOSTAT COPY OF THE REPRESENTATION
                           MADE BY THIS PETITIONER TO THE 2ND
                           RESPONDENT,DATED 15.02.2020.