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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
MONDAY, THE 7TH DAY OF SEPTEMBER 2015/16TH BHADRA, 1937
WP(C).No. 26865 of 2015 (G)
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PETITIONER:
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BINUKUMAR.P
AGED 43 YEARS
S/O. PARAMESWARAN NADAR,
B.S. PALACE, MULLUVILA THEKKETHIL
VENGANOOR P.O., THIRUVANANTHAPURAM
BY ADVS.SRI.C.A.CHACKO
SMT.C.M.CHARISMA
SMT.MEGHA K.XAVIER
RESPONDENTS:
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1. VENGANOOR GRAMA PANCHAYAT
REPRESENTED BY SECRETARY, VENGANOOR
THIRUVANANTHAPURAM - 695 523
2. THE SECRETARY, VENGANOOR GRAMA PANCHAYAT,
VENGANOOR, THIRUVANANTHAPURAM - 695 523
3. KERALA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ENVIRONMENTAL ENGINEER,
DISTRICT OFFICE, PLAMOODU JUNCTION
PATTOMP.O.,THIRUVANANTHAPURAM - 695 004
4. ANILKUMAR, S/O. SASIDHARAN, MEMBER OF WARD NO. 14
VENGANOOR GRAMA PANCHAYAT, RESIDING AT
THEKKEVILAKATH MELE VEEDU
VENGANOOR P.O.,THIRUVANANTHAPURAM - 695 523
5. SHEELA, AMARIVILAVEEDU, UCHAKKADA,
VENGANOOR P.O.,THIRUVANANTHAPURAM - 695 523
6. SUNDARESAN, AMARIVILA, UCHAKKADA,
VENGANOOR P.O.,THIRUVANANTHAPURAM - 695 523
R3 BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07-09-2015, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 26865 of 2015 (G)
APPENDIX
PETITIONER(S)' EXHIBITS
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P1- TRUE COPY OF DECISION DATED 4.5.2013 OF PANCHAYAT COMMITTEE
P2- TRUE COPY OF INTEGRATED LICENSE DATED 23.08.2013 ISSUED BY
POLLUTION CONTROL BOARD
P3- TRUE COPY OF DECISION TAKEN BY THE PANCHAYAT COMMITTEE ON
27.08.2013
P4- TRUE COPY OF ORDER IN I.A. 36/2014 DATED 22.4.2014 AND 22.5.2014 OF
AIR (PREVENTION AND CONTROL OF POLLUTION) APPELLATE
AUTHORITY
P5- TRUE COPY OF ORDER OF TRIBUNAL FOR LOCAL SELF GOVERNMENT
INSTITUTIONS DATED 8.12.2014
P6- TRUE COPY OF JUDGMENT DATED 4.3.2015 IN W.P.(C). NO. 35098/2014
P7- TRUE COPY OF PROCEEDINGS DATED 5.5.2015 OF THIRD RESPONDENT
P8- TRUE COPY OF DECISION TAKEN BY COMMITTEE OF 1ST RESPONDENT
ON 23.05.2015
P9- TRUE COPY OF JUDGMENT DATED 28.05.2015 IN W.A. NO. 829/2015
P10- TRUE COPY OF APPEAL NO. 561/2015 FILED BEFORE TRIBUNAL FOR
LOCAL SELF GOVERNMENT INSTITUTIONS (THOUGH IT WASFILED AS
REVISION PETITION, IT IS NUMBERED AS APPEAL)
P11- TRUE COPY OF ORDER DATED 15.06.2015 IN APPEAL NO. 561/2015
P12- TRUE COPY OF NOTICE DATED 22.08.2015 ISSUED BY THE 2ND
RESPONDENT
P13- TRUE COPY OF JUDGMENT DATED 27.7.2015 IN CON. CASE (C) NO.
984/2015
P14- TRUE COPY OF COMMUNICATION DATED 28.07.2015 OF THIRD
RESPONDENT
P15- TRUE COPY OF SHOW CAUSE NOTICE DATED 22.08.2015 ISSUED BY THE
THIRD RESPONDENT
RESPONDENT(S)' EXHIBITS:-NIL
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/TRUE COPY/
P.A. TO JUDGE
DCS
V. CHITAMBARESH, J
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W.P.(C). NO. 26865 OF 2015
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Dated this the 7th day of September, 2015
JUDGMENT
The petitioner is aggrieved by Ext. P12 notice issued by the second respondent and Ext. P15 notice issued by the third respondent even while Ext. P10 appeal filed against Ext. P8 is pending consideration. Ext. P10 appeal has been filed before the Tribunal against Ext. P8 decision refusing to issue licence to conduct a pig farm.
2. It is open to the petitioner to apply for appropriate interim reliefs in Ext. P10 appeal even against Exts. P12 and P15 notices. Any motion made in that regard within two weeks from today shall be dealt with by the Tribunal by four weeks therefrom.
3. The petitioner is also permitted to independently challenge Ext. P15 notice before the appellate authority. An appeal lies under the Air (Prevention and Control of Pollution) Act, 1981.
The writ petition is disposed of.
V. CHITAMBARESH JUDGE DCS