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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
MONDAY,THE 7TH DAY OF APRIL 2014/17TH CHAITHRA, 1936
WP(C).No. 19985 of 2011 (W)
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PETITIONER:
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GEORGE VARGHESE, S/O. M.G.GEORGE,
AGED 56 YEARS, MULAMKOZHIL HOUSE, MAKKAMKUNNU,
KOZENCHERRY, PATHANAMTHITTA (PROPRIETOR,
ROYAL INDANE SERVICES, PATHANAMTHITTA).
BY ADVS.SRI.V.A.MUHAMMED,
SRI.RAJESH CHAKYAT.
RESPONDENTS:
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1. THE KERALA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS CHAIRMAN, KERALA STATE -
POLLUTION CONTROL BOARD OFFICE,
THIRUVANANTHAPURAM - 695 001.
* 2.THE K.P.C.B., DISTRICT OFFICE,
PATHANAMTHITTA - 689 645.
*CORRECTED AS "THE KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, PATHANAMTHITTA - 689 645" VIDE ORDER
DATED 01/08/2011 IN I.A. NO.12152/2011.
3. SRI.PAULOSE EPEN,
THE ENVIRONMENTAL ENGINEER, KERALA STATE -
POLLUTION CONTROL BAORD, DISTRICT OFFICE,
PATHANAMTHITTA - 689 645.
4. THE OMALLUR GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE,
OMALLUR P.O., PATHANAMTHITTA - 689 647.
5. THE COMMERCIAL MANAGER (INDANE L.P.G),
INDIAN OIL CORPORTION LIMITED, PANAMBILLY NAGAR,KOCHI,
KOCHIN - 682 031.
Prv.
W.P.(C).NO.19985/2011 - W:
6. THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVE,
ERNAKULAM SUB CIRCLE OFFICE, KOCHI - 682 018.
R1 TO R3 BY SRI.M.R.ARUNKUMAR, S.C,
SRI.M.K.CHANDRAMOHAN DAS, S.C,
R4 BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY,
SMT.N.SANTHA,
SRI.S.A.ANAND,
SRI.K.A.BALAN,
SRI.PETER JOSE CHRISTO,
R5 BY ADVS. SRI.E.K.NANDAKUMAR,
SRI.K.JOHN MATHAI,
SRI.P.BENNY THOMAS,
SRI.P.GOPINATH,
R6 BY GOVT. PLEADER SRI. R. RANJITH.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07-04-2014, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Prv.
W.P.(C).NO.19985/2011 - W:
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P.1: A TRUE COPY OF THE LICENSE ISSUED FROM THE CONTROLLER OF
EXPLOSIVE.
EXT.P.2: A TRUE COPY OF THE NOTICE DTD. 28/01/2011.
EXT.P.3: A TRUE COPY OF THE LETTER DTD. 14/02/11.
EXT.P.4: A TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT
DTD. 14/02/2011.
EXT.P.5: A TRUE COPY OF THE APPLICATION DTD. 17/03/2011.
EXT.P.6: A TRUE COPY OF THE INFORMATION SUPPLIED TO THE PETITIONER
DTD. 09/05/11.
RESPONDENTS' ANNEXURES:
ANNEXURE R2 (a): COPY OF THE AUTHORIZATION MADE BY THE CHAIRMAN,
KERALA STATE POLLUTION CONTROL BOARD DTD. 11/08/2011.
ANNEXURE R2 (b): COPY OF THE EXTRACT OF GAS CONNECTION `CUSTOMER
CARD' IN THE NAME OF DISTRICT OFFICE,POLLUTION
CONTROL BOARD, PATHANAMTHITTA.
ANNEXURE R2 (c): COPY OF THE GOVERNMENT G.O. NO.2586/2002 H & FWD
DTD. 21/10/2002.
ANNEXURE R2 (d): COPY OF THE RELEVANT PAGES OF THE ACT (PREVENTIONS
AND CONTROL OF POLLUTION) ACT 1981.
ANNEXURE R2 (e): COPY OF ONE OF THE PUBLIC COMPLAINT SUBMITTED
BEFORE THE SECRETARY, KARUKACHAL GRAMA
PANCHAYATH DTD. 09/03/2010.
ANNEXURE R2 (f): COPY OF THE LETTER MADE BY KERALA STATE POLLUTION
CONTROL BOARD ADDRESSED TO THE GENERAL MANAGER,
INDANE AREA OFFICE DTD. 31/03/2011.
ANNEXURE R2 (g): COPY OF THE MINUTES OF THE MEETING HELD BY THE
CHAIRMAN OF THE POLLUTION CONTROL BOARD
DTD. 12/10/2011.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
A.V.RAMAKRISHNA PILLAI, J
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W.P.(C) No.19985 of 2011
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Dated this the 7th day of April, 2014
JUDGMENT
The petitioner has come up before this Court for getting Exts.P2 and P4 issued by the third and 4th respondents respectively quashed and for a declaration that the petitioner can maintain a go-down for storing gas cylinders without any consent from respondents 1 to 3.
2. The petitioner is a proprietor dealing LPG in Pathanamthitta District. The petitioner alleges that during December 2010, the third respondent approached him and demanded a domestic gas cylinder illegally and as it was against the rules, the petitioner could not oblige which made the third respondent to threaten the petitioner that the petitioner's godown would be closed. Therefore, the WPC No.19985 of 2011 2 petitioner alleges that the third respondent issued Ext.P2 to the petitioner and Ext.P3 to the 5th respondent fabricating a false story and requesting to take action. According to the petitioner, all these actions are without authority and misusing his official capacity.
3. According to the petitioner, Ext.P1 license was issued by the 6th respondent after strict scrutiny and he alone have the right to cancel the license issued by him. According to the petitioner, there is no stipulation that the certificate from respondents 1 to 3 should be obtained for storage of LPG. It is with these allegations, the petitioner has approached this Court.
4. The second respondent filed a report for and on behalf of first and second respondents wherein they have contended that it is the statutory obligation of the petitioner to obtain consent from the Panchayat or Pollution Control Board as he is carrying out a dangerous and offensive trade. It is WPC No.19985 of 2011 3 not a mere requirement for obtaining clearance from explosive directorate. It is also stated that based on the representations filed by the organization of LPG distributors, the first respondent convened a meeting with the representatives of the organization and the necessity of obtaining consent by them is clearly conveyed to them as evident from Ext.R2(g) minutes. Therefore, according to the Pollution Control Board, the action taken was strictly in accordance with the statutes and government orders.
5. When the matter came up for hearing, it was brought to my notice that the license already issued to the petitioner expired.
6. LPG is a petroleum product and all petroleum product storage is listed as an industrial plant and comes under item No.26 of the Orange category industry vide G.O.No.2586/2002 H & FWD dated 21.10.2002. True copy of the government order is produced and marked as Annexure R2(c). WPC No.19985 of 2011 4 In general, industries are categorized into three category; viz. Green (non polluting), Orange (moderately polluting) and Red (seriously polluting).
7. As per Section 21 of the Air (Preventions and Control of Pollution) Act 1981, no person shall establish or operate such establishments without prior consent of the Board. Further, Section 37 of the said Act highlights the penalties to be imposed for the violators. True copy of the relevant part of the said Act is produced as Annexure-R2(d).
8. Exts.P2 and P3 are notices issued to the petitioner in accordance with the prevailing statutory procedure. It was only a direction to obtain consent from the respondent Board. Though sufficient time was granted, the petitioner did not respond positively. Ext.P4 produced by the petitioner confirms that he is carrying out the dangerous and offensive trade without a license from the 4th respondent Panchayat. Thus, there cannot be an operation of petroleum product WPC No.19985 of 2011 5 storage without required statutory consent from the Pollution Control Board and D & O license from the local body.
As the license issued to the petitioner has expired, this writ petition is disposed of permitting the petitioner to approach the respondent Board as well as the local authority with a proper application for consent and D & O license and in the event of filing such an application, the first respondent Board as well as the 4th respondent Panchayat shall consider the same and pass appropriate orders after affording the petitioner and affected persons an opportunity of being heard.
Till that exercise is completed, the existing state of affairs shall continue.
Sd/-A.V.RAMAKRISHNA PILLAI
JUDGE
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P.S.TO JUDGE