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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 10TH DAY OF OCTOBER 2017/18TH ASWINA, 1939
WP(C).No. 28200 of 2017 (Y)
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PETITIONER(S) :
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P.V.ANVAR,
S/O. LATE SHOUKATH ALI, RESIDING AT PUTHENVEETIL
HOUSE, PERGAMANNA P.O, OTHAYI, MALAPPURAM DISTRICT,
PIN:676 541.
BY ADVS. SRI.T.K.SAIDALIKUTTY
SRI.A.A.ZIYAD RAHMAN
SRI.LAL K.JOSEPH
RESPONDENT(S) :
----------------------------
1. KERALA STATE POLLUTION CONTROL BOARD,
PATTAM P.O., THIRUVANANTHAPURAM, PIN:695 004,
REPRESENTED BY ITS CHAIRMAN.
2. THE ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, KOZHIKODE, 3RD FLOOR,
ZAMORIN'S SQUARE, LINK ROAD, KOZHIKODE, PIN:673 002.
3. MURUKESH NARENDRAN,
S/O.NARENDRAN K.C., AMRUTHA BHAVAN, CHANDANATHOPPU,
KOLLAM, PIN:691 014.
4. KOODARANJI GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, KOODARANJI P.O.,
KOZHIKODE DISTRICT, PIN:673 604.
R1 & R2 BY ADV. SRI. T.NAVEEN, S.C
R3 BY ADV. SRI.C.P.UDAYABHANU
R4 BY ADV. SMT.K.K.JYOTHILAKSHMY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10-10-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Msd.
WP(C).No. 28200 of 2017 (Y)
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APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1: TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY
THE 2ND RESPONDENT WITH FILE NUMBER
PCB/KKD/DO/7351/2017 DATED 25.04.2017.
EXHIBIT P2: TRUE COPY OF THE NOTICE DATED 04.07.2017 ISSUED BY
THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P3: TRUE COPY OF THE REPLYDATED 22.07.2017 SUBMITTED BY
THE PETITIONER.
EXHIBIT P4: TRUE COPY OF THE ORDER BEARING NO.PCB/KKD/DO/7351/2017
DATED 10.08.2017.
EXHIBIT P5: TRUE COPY OF THE COMMUNICATION DATED 14.08.2017.
EXHIBIT P6: TRUE COPY OF THE LICENSE ISSUED BY THE 4TH RESPONDENT
PANCHAYAT DATED 22.06.2017.
EXHIBIT P6(A): TRUE COPY OF THE MINUTES OF THE MEETING HELD
ON 16.06.2017.
EXHIBIT P7: TRUE COPY OF THE LICENSE DATED 16.06.2017 ISSUED BY
THE 4TH RESPONDENT PANCHAYAT FOR THE PURPOSE OF
RUNNING THE RESTAURANT IN THE PREMISES.
EXHIBIT P8: TRUE COPY OF THE APPROVAL DATED 20.07.2017 ISSUED BY
THE DEPUTY CHIEF ELECTRICAL INSPECTOR FOR THE PURPOSE
OF INSTALLATION OF DIESEL GENERATOR SETS IN
THE PREMISES.
EXHIBIT P8(A): TRUE COPY OF THE APPROVAL FOR THE INSTALLATIONS,
ISSUED BY THE DEPUTY CHIEF ELECTRICAL INSPECTOR
ON 27.04.2017, WHICH WAS VALID TILL 26.07.2017.
EXHIBIT P9: TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY
THE ASSISTANT DIVISIONAL OFFICER, FIRE AND RESCUE
SERVICES, KOZHIKODE ON 30.03.2017.
RESPONDENT(S)' EXHIBITS & ANNEXURES :
ANNEXURE R2(A): TRUE COPY OF THE CIRCULAR NO. PCB/T4/115/97
DATED 17.03.2017 OF THE CHAIRMAN OF THE KERALA
STATE POLLUTION CONTROL BOARD.
ANNEXURE R2(B): TRUE COPY OF CIRCULAR NO. PCB/T4/115/97
DATED 01.03.2017 OF THE CHAIRMAN OF THE KERALA
STATE POLLUTION CONTROL BOARD.
WP(C).No. 28200 of 2017 (Y)
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ANNEXURE R2(C): TRUE COPY OF THE CONSENT TO OPERATE
DATED 16.05.2017 ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD.
ANNEXURE R2(D): TRUE COPY OF THE NOTICE ISSUED ON 04.07.2017
BY ENVIRONMENTAL ENGINEER, KERALA STATE
POLLUTION CONTROL BOARD, DISTRICT OFFICE,
KOZHIKODE.
ANNEXURE R2(E): TRUE COPY OF THE LETTER DATED 22.07.2017 RECEIVED
FROM SRI. P.V.ANVAR.
ANNEXURE R2(F): TRUE COPY OF THE CONSENT WITHDRAWAL ORDER
NO. PCB/KKD/DO/735/2017 DATED 10.08.2017 ISSUED BY
ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION
CONTROL BOARD, DISTRICT OFFICE, KOZHIKODE.
ANNEXURE R2(G): TRUE COPY OF THE LETTER DATED 13.09.2017 ISSUED BY
ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION
CONTROL BOARD, DISTRICT OFFICE, KOZHIKODE.
ANNEXURES R2(A) TO R2(C) IN DATED 09.10.2017
ANNEXURE R2(A): TRUE COPY OF THE REPLYLETTER PRODUCED BY
THE PETITIONER ON 03.10.2017.
ANNEXURE R2(B): TRUE COPY OF REPLY LETTER PRODUCED BY
THE PETITIONER ON 05.10.2017.
ANNEXURE R2(C): TRUE COPY OF ANALYSIS REPORT OF THE TREATED
EFFLUENT, COLLECTED FROM THE TREATMENT PLANT
OUTLET ON 31.08.2017.
//TRUE COPY//
P.A.TO JUDGE.
Msd.
P.B.SURESH KUMAR, J.
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W.P.(C).No.28200 of 2017
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Dated this the 10th day of October, 2017
J U D G M E N T
Ext.P4 order, by which the integrated consent granted to the petitioner under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 for the purpose of operating a water theme park has been cancelled, is under challenge in this writ petition mainly on the ground that the petitioner has not been afforded an opportunity of being heard before the impugned order was passed, as mandated under second proviso to Sub section (4) of Section 21 of the Air (Prevention and Control of Pollution) W.P.(c).No.28200 of 2017 : 2 : Act.
2. Heard the learned counsel for the petitioner, the learned Standing Counsel for the Kerala State Pollution Control Board as also the learned counsel for respondents 3 and 4.
3. On 04/10/2017, as per the interim order, this Court directed the second respondent, the Environmental Engineer of the Kerala State Pollution Control Board to conduct a fresh inspection in the park referred to in the writ petition and to file a report before this Court as to the compliance of the various statutory requirements by the petitioner. Pursuant to the said interim order, a report has been filed by the second respondent stating that the conditions of consent to operate the park issued to the petitioner on 16/5/2017 stands complied with by the petitioner and therefore, the impugned order can be withdrawn.
4. When the matter was taken up, the learned Standing Counsel for the Kerala State Pollution Control W.P.(c).No.28200 of 2017 : 3 : Board pointed out that the petitioner can make a request to the second respondent for the purpose of withdrawing the impugned order and if a request is made by the petitioner for the said purpose, the same will be considered and a proper decision will be taken thereon, in the light of the report submitted before this Court pursuant to the interim order referred to above.
5. The learned counsel for the third respondent contended that the petitioner is not entitled to run the park for various other reasons and therefore, he may not be permitted to run the park without adjudication of the entitlement of the petitioner to run the park.
6. As noted above, the above writ petition is one challenging Ext.P4 order and as such, the scope of the writ petition is only to examine the correctness of Ext.P4 order. Further, it is seen that the third respondent has filed a separate writ petition as W.P.(C).No.20189/2017 voicing his grievance concerning the running of the park by the petitioner and the said writ petition is pending. In the said W.P.(c).No.28200 of 2017 : 4 : view of the matter, I do not think it is necessary or proper for this Court to consider the contentions of the third respondent as to the entitlement of the petitioner to run the park in this writ petition.
In the result, this writ petition is disposed of permitting the petitioner to prefer an application for withdrawing the impugned order. It is directed that if the petitioner prefers an application for the said purpose, the same shall be considered and appropriate decision shall be taken thereon by the second respondent having regard to the report filed before this Court pursuant to the interim order. In so far as it is pointed out that the petitioner has complied with all the conditions incorporated in the consent granted to him, he is permitted to run the park until a decision is taken on the application directed to be preferred as above. Needless to say that the functioning of the park shall, thereafter, be subject to the conditions already incorporated in the consent issued to the petitioner and the further conditions, if any, incorporated in the order to be W.P.(c).No.28200 of 2017 : 5 : passed by the second respondent. It is made clear that the disposal of this writ petition is without prejudice to the contentions taken by the third respondent and his right to pursue W.P.(C).No.20189/2017.
Sd/-
P.B.SURESH KUMAR JUDGE rsr