IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT:

                THE HONOURABLE MR.JUSTICE K.HARILAL

       THURSDAY, THE 4TH DAY OF AUGUST 2016/13TH SRAVANA, 1938

                    WP(C).No. 24825 of 2016 (C)
                    ----------------------------


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

            KUNJU MOIDEEN,
            S/O. KADAR, AGED 65 YEARS,
            RESIDING AT PADAPARAMBIL
            HOUSE, NANGELIPPADY JUNCTION,
            NELLIKUZHY KOTHAMANGALAM,
            ERNAKULAM DISTRICT 686691


            BY ADV. SRI.PEEYUS A.KOTTAM

RESPONDENT:
-----------

            KERALA STATE POLLUTION CONTROL BOARD,
            DISTRICT OFFICE
           (ERNAKULAM-11) PERUMBAVOOR,
            1ST FLOOR, MANNA RESIDENCY,
            M.C. ROAD, PERUMBAVOOR,
            ERNAKULAM DISTRICT 686691
            REPRESENTED BY ITS ENVIRONMENTAL
            ENGINEER.


            BY ADV SRI. M.AJAY, SC,

       THIS WRIT PETITION (CIVIL)  HAVING COME UP FOR ADMISSION
       ON  04-08-2016, THE COURT ON THE SAME DAY DELIVERED THE
       FOLLOWING:

K.V.

WP(C).No. 24825 of 2016 (C)
----------------------------

                           APPENDIX


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

EXHIBIT P1:    TRUE COPY OF THE TAX RECEIPT NO.47 DATED 03.09.2012
              ISSUED BY THE SECRETARY NELLIKUZHY GRAMA PANCHAYATH TO
              THE PETITIONER IN RESPECT OF BUILDING
              NO VIII/221,222, 223, 224.

EXHIBIT P2:    TRUE COPY OF THE TAX RECEIPT NO.49 DATED 03.09.2012
              ISSUED BY THE SECRETARY NELLIKUZHY GRAMA PANCHAYATH TO
              THE PETITIONER IN RESPECT OF BUILDING
              NO VIII/221A TO 221E.

EXHIBIT P3:    TRUE COPY OF THE BUILDING TAX RECEIPT NO 48
              DATED 3.09.2012 ISSUED BY THE SECRETARY NELLIKUZHY
              GRAMA PANCHAYATH TO THE PETITIONER IN RESPECT OF
              BUILDING NO VIII/22IF TO 221J.

EXHIBIT 4:     TRUE COPY OF THE RECEIPTS C-1156003014345
              DATED 21.07.2016FOR RS. 31.00 AND C-1156006027886
              DATED 21.07.2016 FOR RS.104.00 SHOWING SEPARATE
              ELECTRICITY CONNECTION TO THESE BUILDINGS.

EXHIBIT P5:    TRUE COPY OF RECEIPTS C-1156008027887 DATED 21.07.2016
              FOR RS. 132.00 AND C-1156005027884 DATED 21.07.2016
              FOR RS. 391.00 SHOWING SEPARATE ELECTRICITY CONNECTION
              TO THESE BUILDINGS.`

EXHIBIT P6:    TRUE COPY OF THE NOTICE OF INTENTION OF CLOSURE
              NO.PCB /EKM/DO2/GEN-CF/14/2013 DATED 13.07.2016 ISSUED
              BY THE RESPONDENT.

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


                                               /TRUE COPY/


                                               P.S.TO JUDGE

K.V.



                         K. HARILAL, J.
        ------------------------------------------------------
               W.P. (C) No. 24825 of 2016-C
        ------------------------------------------------------
         Dated this the 4th day of August, 2016

                          JUDGMENT

This Writ Petition has been filed challenging Ext.P6 order issued to the petitioner by the respondent herein. The petitioner is a senior citizen and he is the owner of 65 cents of property at Eramalloor Village. He has constructed 14 buildings bearing door Nos.8/221 to 224 and 8/221A to 221J and he is also residing in one of the residential houses constructed above. According to the petitioner, all on a sudden, he has received Ext.P6 notice issued from the Office of the respondent described as "notice of intention of closure" under Sec.31(A) of the Air (Prevention and Control of Pollution) Act, 1981 and Sec.33(A) of the Water (Prevention and Control of Pollution) Act, 1974. The petitioner submits that he is ready to comply all the directions which would be issued by the respondent. The petitioner further sought for an opportunity of being heard  W.P. (C) No. 24825 of 2016 -: 2 :- before passing the closure order.

2. Heard the learned counsel for the petitioner.

3. Going by Ext.P6 notice, it is seen that the respondent intends to issue closure order under Sec.31(A) of the Air (Prevention and Control of Pollution) Act, 1981 and Sec.33(A) of the Water (Prevention and Control of Pollution) Act, 1974. The learned counsel for the petitioner confined his arguments to afford an opportunity of being heard before passing the closure order.

4. Having regard to the facts and circumstances of this case, the petitioner shall file an objection to Ext.P6 notice and the respondent is directed to afford an opportunity of being heard on the objection to be filed by the petitioner before passing the closure order.

This Writ Petition is disposed of accordingly.

Sd/-

(K. HARILAL, JUDGE) Nan/ //true copy// P.S. to Judge