Abdu Samad P vs the Kerala State Pollution Control Board

Abdu Samad P vs The Kerala State Pollution Control Board

Type Court Judgment Court Kerala Decided Mar 01, 2023

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https://sooperkanoon.com/case/1396111

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Citation: sooperkanoon.com/1396111
Court: Kerala High Court
Judge: Honourable Mr.Justice Viju Abraham
Decided On: Mar 01, 2023
Case Number: WP(C)/34404/2022

Parties & Advocates

Appellant / Petitioner

Abdu Samad P

Respondent

The Kerala State Pollution Control Board

Excerpt

.....p.deepak gp sri.syamanthak b sthis writ petition (civil) having come up for admission on 01.03.2023, the court on the same day delivered the following: viju abraham, j wp(c) no.34404 of 2022 st dated this the 1 day of march 2023j u d g m e n tabove writ petition is filed seeking a direction to respondents no.1 to 3 to see that the respondents no.4 and 5 are not using their building as an auditorium without obtaining valid consents from the first respondent pollution control board. it is seen that an interim order was granted by this court on 31.01.2023.2. when the matter was taken up for consideration today,the learned counsel for respondents no.4 and 5 submitted that they had obtained necessary consent to operate from the first respondent and handed over a copy of the same for perusal by the court. the learned standing counsel for the pollution control board also upon instructions submitted that consent to operate was granted to respondents 4 and 5 as they have complied with all the directions issued by the first respondent. in view of the same, i am of the opinion that no relief need be granted in the writ petition in asmuchas the only prayer sought for in the writ petition is for a direction to respondents 1 to 3 to see that the respondents 4 and 5 are not using their building as an auditorium without obtaining valid consent from the first respondent - pollution control board. since consent has now been granted, nothing survives in the writ petition. accordingly, the writ petition fails and is dismissed. sd/- viju abraham, judge r.av appendix of wp(c) 34404/2022 petitioner exhibits exhibit p1 true copy of the order dated 8.8.2022 issued by the pollution control board.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944 PETITIONER/S: ABDU SAMAD P, AGED 32 YEARS S/O. BEERAN, PARAPPURATH HOUSE, VAVOOR, CHEEKOD P.O, PIN - 673645. BY ADV GEORGEKUTTY MATHEW RESPONDENT/S: 1 THE KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS ENVIRONMENTAL ENGINEER. DISTRICT OFFICE, PERINTHALMANNA ROAD, KUNNUMMAL P.O., MALAPPURAM -676505 .
2 CHEEKODE GRAMA PANCHAYATH, REP. BY ITS SECRETARY, MUNDAKKAL P.O, MALAPPURAM DISTRICT, PIN-673645. 3 THE STATION HOUSE OFFICER, VAZHAKKAD POLICE STATION, MALAPPURAM DISTRICT, PIN - 673645 . 4 ADULLA,PATTACKAL HOUSE, CHEEKOD P.O, MALAPPURAM DISTRICT, PIN- 673645. 5 SALAVUDHEEN, MANNANTHALA KARANNATH CHALIL HOUSE, VAVOOR, CHEEKOD P.O, MALAPPURAM DISTRICT, PIN -673645. BY ADVS. Vinod Singh Cheriyan K.VIDYASAGAR T.M.KHALID(K/000047/2013) K.P.SUSMITHA(K/956/2001) P.DEEPAK GP SRI.SYAMANTHAK B S

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VIJU ABRAHAM, J WP(C) No.34404 of 2022 st Dated this the 1 day of March 2023

J U D G M E N T

Above writ petition is filed seeking a direction to respondents No.1 to 3 to see that the respondents No.4 and 5 are not using their building as an auditorium without obtaining valid consents from the first respondent Pollution Control Board. It is seen that an interim order was granted by this court on 31.01.2023.

2. When the matter was taken up for consideration today,

the learned counsel for respondents No.4 and 5 submitted that they had obtained necessary consent to operate from the first respondent and handed over a copy of the same for perusal by the court. The learned standing counsel for the Pollution Control Board also upon instructions submitted that consent to operate was granted to respondents 4 and 5 as they have complied with all the directions issued by the first respondent. In view of the same, I am of the opinion that no relief need be granted in the writ petition in asmuchas the only prayer sought for in the writ petition is for a direction to respondents 1 to 3 to see that the respondents 4 and 5 are not using their building as an auditorium without obtaining valid consent from the first respondent - Pollution Control Board. Since consent has now been granted, nothing survives in the writ petition. Accordingly, the writ petition fails and is dismissed. sd/- VIJU ABRAHAM, JUDGE R.AV APPENDIX OF WP(C) 34404/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 8.8.2022 ISSUED BY THE POLLUTION CONTROL BOARD.

Same Court & Year Kerala · 2023 Same Parties Abdu Samad P vs The Kerala State Pollution Control Board Same Judge Honourable Mr.Justice Viju Abraham