IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

   TUESDAY ,THE 13TH DAY OF NOVEMBER 2018 / 22ND KARTHIKA, 1940

                        WP(C).No. 29933 of 2018



PETITIONER/S:


                THE MANAGER,
                THE MATSYAFED COMMON PRE PROCESSING CENTRE,
                SAKTHIKULANGARA, KOLLAM

                BY ADVS.
                SRI.T.P.PRADEEP, SC, MATSYAFED
                SRI.S.SREEDEV



RESPONDENT/S:
       1      THE KONNI GRAMA PANCHAYATH,
              REPRESENTED BY ITS SECRETARY, KONNI P.O.
              PATHANAMTHITTA -689691

      2         THE KERALA STATE POLLUTION CONTROL BOARD,
                REP.BY ITS CHAIRMAN, PATTOM P.O.,
                THIRUVANANTHAPURAM, PIN-695004.

      3         THE ENVIRONMENT ENGINEER,
                THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT
                OFFICE, PATHANAMTHITTA, PIN-689645.

      4         DR.JOJOO ENAS,
                QUEEN MARY HOSPITAL, KONNI P.O.,
                PATHANAMTHITTA, 689691.

                BY ADVS.
                R1 BY SRI.SUNIL JACOB JOSE
                R2 & R3 BY SRI. T.NAVEEN SC, KERALA STATE POLLUTION
                CONTROL BOARD,
                R4 BY SRI.ENOCH DAVID SIMON JOEL


THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No. 29933 of 2018                 2


                                    JUDGMENT

This writ petition is filed by the petitioner seeking the following reliefs:-

"1. issue a writ of certiorari or other appropriate writ, direction or order calling for records relating to Exhibits P4, P5 and quash the same.

2. issue a writ of mandamus or any other writ or direction commanding the 3rd respondent to grant 'consent to operate' to the petitioner forthwith as per the direction of the 2nd respondent.

3. issue a writ of mandamus or any other writ or direction commanding the 1st respondent to issue D & O license to the petitioner.

4. issue a writ of mandamus or any other writ or direction commanding the 3rd respondent to take a decision on the application submitted by the petitioner for 'consent to operate' forthwith.

5. issue a writ of mandamus or any other writ or direction commanding the 1st respondent to take a decision on Exhibit 13 application forthwith.

6. issue a writ of certiorari or other WP(C).No. 29933 of 2018 3 appropriate writ, direction or order calling for records relating to Exhibits P11 and set aside the same and

7. issue such other appropriate writ, order or direction as this Hon'ble Court deems fit and proper in the circumstances of the case."

2. During the pendency of this writ petition, on the basis of the application submitted by the petitioner before the Pollution Control Board, consent is granted to the petitioner to operate. The said consent issued by the Pollution Control Board is challenged before the Air Appellate Authority constituted under the provisions of the Air (Prevention of Pollution) Act, by the petitioner in W.P.(C).Nos.33461/2017 and 34310/2017. However, learned counsel for the petitioner submitted that D & O license is yet to be issued by the Panchayat and the application is pending consideration.

2. In that view of the matter, there will be a direction to the Secretary of the 1st respondent to consider the D & O license application submitted by the petitioner and attain finality, taking into WP(C).No. 29933 of 2018 4 account, the consent issued by the Pollution Control Board, after providing an opportunity of hearing to the petitioner in the writ petition and also to the 4th respondent, who is the petitioner in the other two writ petitions, at the earliest possible, and at any rate, within a month from the date of receipt of a copy of this judgment.

The writ petition is disposed of, accordingly.

Sd/-

SHAJI P.CHALY JUDGE uu 14.11.2018 WP(C).No. 29933 of 2018 5 APPENDIX OF WP(C) 29933/2018 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE D AND O LICENSE ISSUED BY THE 1ST RESPONDENT DATED 30/9/2015.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 22/3/2016 IN WP(C) NO.10998/2016 OF THIS HON'BLE COURT.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 25/10/2016 IN WA. NO. 946/2016 OF THIS HON'BLE COURT.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 30/8/2017 ISSUED BY THE SECRETARY OF THE KONNI GRAMA PANCHAYTH.

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 14/7/2017 ISSUED BY THE SECRETARY, KONNI GRAMA PANCHAYATH TO THE PETITIONER.

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 24/8/2017 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P7 TRUE COPY OF THE REPORT FILED BY THE THREE MEMBER COMMITTEE EXHIBIT P8 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER DATED 28/3/2018 BEFORE THE 3RD RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 25/7/2018 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 8/8/2018 BEFORE THE 2ND RESPONDENT. EXHIBIT P11 TRUE COPY OF THE ORDER DATED 12/7/2018 ISSUED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM.

EXHIBIT P12 TRUE COPY OF THE LETTER DATED 20/8/2018 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE APPLICATION DATED WP(C).No. 29933 of 2018 6 1/9/2018 SUBMITTED BY THE PETITIONER BEFORE ETHE 1ST RESPONDENT. RESPONDENT'S EXHIBITS:-

ANNEXURE R2(a) TRUE COPY OF THE CONSENT TO OPERATE DATED 27-9-2018 ISSUED BY THE PCB.

//TRUE COPY// P.A. TO JUDGE