IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

    MONDAY, THE 10TH DAY OF AUGUST 2020 / 19TH SRAVANA, 1942

                      WP(C).No.15188 OF 2020(W)


PETITIONER:

               C.SAMIKUTTY,
               S/O.VELAYUDHAN, MELEPERENCHEERI HOUSE,
               RAMANATTUKARA P.O., KOZHIKKODE DISTRICT,
               PIN-673 633.

               BY ADV. SRI.GEORGEKUTTY MATHEW

RESPONDENTS:

      1        THE KERALA STATE POLLUTION CONTROL BOARD,
               REPRESENTED BY ITS ENVIRONMENTAL ENGINEER,
               DISTRICT OFFICE, 19/269A, PERINTALMANNA ROAD,
               KUNNUMMAL P.O., MALAPPURAM DISTRICT, PIN-676 505.

      2        THE VAZHAYOOR GRAMA PANCHAYAT,
               REPRESENTED BY ITS SECRETARY, KARADPARAMBA P.O.,
               MALAPPURAM DISTRICT, PIN-673 632.

               SRI T.NAVEEN, STANDING COUNSEL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                       ALEXANDER THOMAS, J.
                    -------------------------------------
                       W.P.(C) No. 15188 of 2020
                    -------------------------------------
                 Dated this the 10th day of August, 2020

                                JUDGMENT

The prayers in the above Writ Petition (Civil) are as follows: "

i. Issue a writ in the nature of certiorari calling for the records leading to Ext.P6 and 7 and quash them as arbitrary, illegal and issued without authority.

ii. Issue a Writ of mandamus directing the first Respondent to consider the application for the renewal of exhibit P4 consent after conducting site inspection and giving chance of being heard to the Petitioner, and till then, not to interfere with the functioning of the unit of the Petitioner, in the interest of justice iii. Issue a Writ mandamus directing the Executive committee of 2 nd Respondent panchayat to consider Ext.P8 appeal after giving chance of being heard to the petitioner, and till then, not to interfere with the functioning of the unit of the Petitioner, in the interest of justice iv. to grant such other reliefs as are just and proper in the nature of this case."

2. Heard Sri.Georgekutty Mathew, learned counsel appearing for the petitioner and Sri.T.Naveen, learned Standing Counsel for the Kerala State Pollution Control Board appearing for R-1. In the nature of the order proposed to be passed in this petition, notice to R-2 (Vazhayoor Grama Panchayat) will stand dispensed with.

3. The case of the petitioner is that, he is running a wood works unit within the limits of the 2nd respondent Panchayat on W.P.(C) No. 15188 of 2020 ..3..

the basis of Ext.P-1 registration issued by the Industries Department, Ext.P-2 Trade License issued by the 2 nd respondent Grama Panchayat and Ext.P-4 statutory consent issued by the 1st respondent Environmental Engineer, State Pollution Control Board. That, Ext.P-2 Trade License was valid till last year and thereafter, despite application submitted for renewal of trade license as acknowledged in Ext.P-3 receipt dated 3.2.2020, the 2nd respondent Secretary of Grama Panchayat has not taken any decision to refuse said license or to grant it, in the result that the petitioner has already secured the benefit of deemed license going by the mandatory provisions contained in Section 236(3) of the Kerala Panchayat Raj Act, 1994. Further that, the validity period of Ext.P-4 statutory consent has also expired, and therefore the petitioner has submitted application for renewal of Ext.P-4 consent before the 1st respondent Environmental Engineer, State Pollution Control Board, and the said application has been acknowledged as per Ext.P-5 receipt dated 28.5.2020. While so, on the basis that a third party has given certain complaints against the functioning of the petitioner's unit, and since inspection cannot be immediately conducted presumably on account of COVID-19 W.P.(C) No. 15188 of 2020 ..4..

pandemic issues, the 1st respondent Environmental Engineer, State Pollution Control Board has issued Ext.P-6 letter dated 21.7.2020 instructing the 2nd respondent Secretary of Grama Panchayat to not to permit the petitioner to conduct the unit till the finalization of said proceedings. That, on the basis of Ext.P-6 letter the 2nd respondent has issued Ext.P-7 stop memo dated 22.7.2020 directing the petitioner to stop the unit in view of the abovesaid aspects. The petitioner would urge that both the decision as per Exts.P-6 & P-7 have been rendered by R-1 & R-2 respectively without affording any opportunity of being heard to the petitioner, and when the petitioner's applications for renewal are pending before both the respondents as can be seen Exts.P-3 & P-5 receipts.

4. After hearing both sides this Court is of the considered view that the impugned proceedings are liable for interdiction solely on the ground of blatant violation of elementary principles of natural justice and fairness, inasmuch as the petitioner has not been afforded any reasonable opportunity of being heard before the order in the nature of Ext.P-6 was passed by the 1 st respondent inspite of the mandatorty provisions contained in Section 21(4) of W.P.(C) No. 15188 of 2020 ..5..

the Air (Prevention and Control of Pollution) Act, 1981, which envisages prior opportunity of being heard in such cases. So also, Ext.P-7 stop memo has been consequently issued solely on the basis of Ext.P-6 directives and that too, without hearing the petitioner. Accordingly, the following directions and orders are passed:

1. The impugned Exts.P-6 & P-7 will stand quashed and interdicted, and the petitioner may temporarily continue the functioning of his unit until decision is taken on his applications referred to in Exts.P-3 & P-5 receipts.

2. The 1st respondent Environmental Engineer, State Pollution Control Board, will take up the matters in relation to the application dated 28.5.2020 submitted by the petitioner for renewal of Ext.P-4 consent (which has been acknowledged in Ext.P-5 receipt) as also the matters relating to the complaints against the petitioner's unit referred to in Ext.P-6, and may ensure that an inspection is conducted with prior notice to the petitioner and the objector, and thereafter copies of inspection report should also be given to the petitioner and the objector. Thereafter, the 1st respondent Environmental Engineer, State Pollution Control Board, will afford reasonable opportunity of being heard to both the petitioner W.P.(C) No. 15188 of 2020 ..6..

and the objector, and then should take a cnsidered decision on the matters raised by the petitioner in the abovesaid application for renewal of Ext.P-4 consent, as well as on the objections raised by the objector etc, without much delay preferably within a period of 5 weeks from the date of receipt of a certified copy of this judgment. The process of inspection shall be duly completed by the 1st respondent within 2 weeks from the date of receipt of a certified copy of this judgment, so that the abovesaid time limit of 5 weeks can be adhered to by the 1 st respondent. Copy of the proceedings so issued by the 1st respondent shall be given to both the petitioner, the objector as well as the 2 nd respondent Secretary of Grama Panchayat.

3. Thereafter, the 2nd respondent Secretary of Grama Panchayat should afford reasonable opportunity of being heard to the petitioner and should take a considered decision on the application submitted by the petitioner for renewal of Ext.P-2 license (as acknowledged in Ext.P-3 receipt) without much delay, and after duly taking note of the proceedings so issued by the 1st respondent as above directed, without much delay preferably within a period of 2 weeks after orders are passed by the 1st respondent as afore directed. W.P.(C) No. 15188 of 2020 ..7..

4. Until orders are passed by the respondents on the applications referred to in Exts.P-3 & P-5 receipts, the petitioner may temporarily function his unit, but strictly in accordance with all the applicable norms and rules in regard for the said functioning.

The petitioner will produce certified copy of this judgment along with copy of memorandum of this WP(C) with all exhibits before the 1st respondent for necessary information and further action.

Registry will forward a certified copy of this judgment to the 2nd respondent Secretary of Grama Panchayat for necessary information and further action, at the cost of the petitioner.

With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE MMG W.P.(C) No. 15188 of 2020 ..8..

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 13.04.1992.

EXHIBIT P2                  TRUE COPY OF THE D & O LICENSE DATED
                            01.04.2019   ISSUED  BY    THE   2ND
                            RESPONDENT.

EXHIBIT P3                  TRUE   COPY     OF  THE     RECEIPT  DATED
                            03.02.2020      ISSUED     BY    THE   2ND
                            RESPONDENT.

EXHIBIT P4                  TRUE COPY OF THE CONSENT TO OPERATE
                            RENEWAL DATED 13.09.2017 ISSUED BY THE
                            1ST RESPONDENT.

EXHIBIT P5                  TRUE   COPY     OF  THE     RECEIPT  DATED
                            28.05.2020      ISSUED     BY    THE   1ST
                            RESPONDENT.

EXHIBIT P6                  TRUE   COPY   OF   THE   LETTER   DATED
                            21.07.2020    ISSUED   BY    THE    1ST
                            RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P7                  TRUE COPY OF THE          STOP   MEMO DATED
                            22.07.2020  ISSUED          BY    THE   2ND
                            RESPONDENT.

EXHIBIT P8                  TRUE COPY OF THE APPEAL ALONG WITH
                            RECEIPT DATED 22.07.2020 SUBMITTED BY
                            THE PETITIONER BEFORE THE COMMITTEE OF
                            THE 2ND RESPONDENT.