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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
WEDNESDAY, THE 29TH DAY OF MARCH 2017/8TH CHAITHRA, 1939
WP(C).No. 10791 of 2017 (Y)
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PETITIONER :
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YESU BHAVAN,
CHARITY MOUNT PAIN & PALLIATIVE CARE AND TRAINING CENTRE,
THAMARASSERY POST, KOZHIKODE, PIN-673 573,
REPRESENTED BY ITS ADMINISTRATOR SR. TARSY.
BY SRI.BECHU KURIAN THOMAS,SENIOR ADVOCATE
ADV.SRI.LEO LUKOSE
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY ITS DISTRICT COLLECTOR,
KOZHIKODE-673 573
2. KERALA STATE POLLUTION CONTROL BOARD,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS MEMBER SECRETARY-695 001
3. CHIEF ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD,
REGIONAL OFFICE, KOZHIKODE-673 573
4. THE SECRETARY, KATTIPPARA GRAMA PANCHAYAT OFFICE,
KATTIPPARA.P.O., KOZHIKODE-673 573.
5. DISTRICT MEDICAL OFFICER, WAYANAD RD,
CIVIL STATION, ERANHIPPALAM, KOZHIKODE-673 020
6. URALUNGAL LABOUR CONTRACT CO-OPERATIVE SOCIETY LTD.
NO.10957, MADAPPALLYCOLLEGE.P.O., VADAKARA,
KOZHIKODE-673 102, REPRESENTED BY ITS CHAIRMAN
MR.RAMESHAN.P.
R1 & R5 BY GOVERNMENT PLEADER SRI.SURIN GEORGE IPE
R2 & R3 BY SRI. T.NAVEEN, SC,
R6 BY SRI.M.SASINDRAN, SC,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29-03-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C).No. 10791 of 2017 (Y)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF THE DIRECTION NUMBERED Q-1155/16 ISSUED BY THE
DISTRICT COLLECTOR, KOZHIKODE DATED 07/10/2016.
EXHIBIT P2 COPY OF THE COMPLAINT LODGED BEFORE THE 5TH RESPONDENT
DATED 05/12/2016.
EXHIBIT P3 COPY OF THE DIRECTION NUMBERED C2/13778/2010 ISSUED TO 4TH
RESPONDENT BY THE 5TH RESPONDENT DATED 15/02/2017
EXHIBIT P4 COPY OF THE CONSENT TO OPERATE ISSUED TO 6TH RESPONDENT,
FILE NO.PCB/RO/KKD/ICO/02/17, DATED 01/02/2017.
EXHIBIT P5 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED
09/08/2004 PROVIDING THE SITING CRITERIA FOR INDUSTRIES OTHER
THAN STONE CRUSHERS.
EXHIBIT P6 COPY OF THE CIRCULAR NUMBERED PCB/HO/CIRCULAR/2015(4)
ISSUED BY THE 2ND RESPONDENT DATED 01/10/2015
EXHIBIT P7 COPY OF THE APPLICATION UNDER RTI ACT,2005 SUBMITTED BY
PETITIONER DATED 15/02/2017
EXHIBIT P8 COPY OF THE REPLY TO THE APPLICATION UNDER RTI ACT,2005
NUMBERED A4-813/17 ISSUED BY THE KATTIPPARA GRAMA
PANCHAYAT TO THE 6TH RESPONDENT DATED 03/03/2017
EXHIBIT P9 COPY OF THE COMMUNICATION NUMBERED A3-69033/2016 ISSUED BY
THE 4TH RESPONDENT DATED 25/02/2017.
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.S.TO JUDGE
sts
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).NO.10791 OF 2017 (Y)
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Dated this the 29th day of March, 2017
J U D G M E N T
The petitioner has approached this Court challenging Ext.P4 consent to operate that has been issued in favour of the 6th respondent, for the purposes of operating a hot mix plant. Although various contentions are raised in the writ petition, in its challenge against Ext.P4 consent granted to the 6th respondent, I find that, against Ext.P4 consent, the petitioner has an effective alternate remedy, by way of an appeal, before the Appellate Authority under the Air (Prevention and Control of Pollution) Act. Thus, without prejudice to the right of the petitioner to move the Appellate authority under the Air (Prevention and Control of Pollution) Act, the writ petition, in its challenge against Ext.P4 consent order, is dismissed.
Taking note of the apprehension of the learned senior counsel for the petitioner that the Appellate authority may take time to consider the appeal, it is made clear that, if the petitioner prefers an appeal against Ext.P4 consent order, before the Appellate authority, within a period of ten days from the date of receipt of a copy of this judgment, the Appellate authority shall consider the appeal, on merits, and pass orders thereon, within a period of one month from the date of receipt of receipt of the appeal. The petitioner shall also serve a copy of the writ petition W.P.(C).No.10791/2017 2 together with a copy of this judgment, before the Appellate authority, for further action.
A.K.JAYASANKARAN NAMBIAR JUDGE prp/29/3/17