Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, WP(C) NO. 23956 OF 2011 PETITIONER: ITTOOP V.I. S/O.LATE VAZHAPPILLY ITTERA, KUNDOOR PO, THRISSUR DISTRICT. BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.RENIL ANTO KANDAMKULATHY SRI.K.RAVI PARIYARATH RESPONDENTS:
1 THE STATE OF KERALA REP BY THE SECRETARY TO THE GOVT,, LOCAL SELF GOVERNMENT DEPARTMENT, GOVT SECRETARIAT,THIRUVANANTHAPURAM 695 001. 2 THE KUZHOOR GRAMA PANCHAYATH KUZHOOR PO, THRISSUR DISTRICT,, REP BY ITS SECRETARY,KUZHOOR PO,, THRISSUR 680 734. 3 THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,REP BY ITS ENVIRONMENTAL ENGINEER, POONKUNNAM, THRISSUR 680001. ADDL.R4 BABU, AGED 37 YEARS S/O. JOSE, PARASSERY HOUSE,, KUNDOOR P.O., ALAMATTAM, THRISSUR DISTRICT.
(ADDL.R4 IS IMPLEADED AS PER ORDER IN IA.17601/2011 DATED 03.11.2011) BY ADVS.SRI.V.M.KRISHNAKUMAR KUM.D.MINI RAJAN SMT.P.R.REENA SMT.K.J.SONIA SRI.S.VIDYASAGAR SMT.DEEPA NARAYANAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.11.2021, ALONG WITH WP(C).33279/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, WP(C) NO. 28293 OF 2011 PETITIONER: BABU, S/O. JOSE, PARASSERY HOUSE, KUNDUR P.O., THRISSUR DISTRICT. BY ADVS. SRI.V.M.KRISHNAKUMAR SMT.P.R.REENA RESPONDENTS:
1 SUPERINTENDENT OF POLICE, THRISSURR RURAL, AYYANTHOLE, THRISSUR, PIN-680 003. 2 CIRCLE INSPECTOR OF POLICE, MALA, THRISSUR DISTRICT, PIN-680 732. 3 SUB INSPECTOR OF POLICE, MALA THRISSUR DISTRICT, PIN-680 732. 4 KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ENVIRONMENTAL ENGINEER,, POONKUNNAM, THRISSUR, PIN-680 002. 5 DISTRICT MEDICAL OFFICER THRISSUR, PIN-680 001. 6 KUZHUR GRAMAPANCHAYAT REPRESENTED BY ITS SECRETARY, KUZHUR, THRISSUR DISTRICT,, PIN-680 734. 7 V.I.ITOOP, S/O.ITTIRA VAZHAPILLY HOUSE, KUNDOOR P.O.,, THRISSUR DISTRICT, PIN-680 734. BY ADVS.SRI.K.RAVI PARIYARATH SRI.G.SREEKUMAR CHELUR SRI.S.VIDYASAGAR SMT.RASHMI K.M., SR.GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.11.2021, ALONG WITH WP(C).33279/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, WP(C) NO. 33279 OF 2011 PETITIONER: ITTOOP V.I, S/O. LATE VAZHAPPILLY ITTERA, KUNDOOR P.O.,, THRISSUR DISTRICT. BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.RENIL ANTO KANDAMKULATHY SRI.K.RAVI PARIYARATH RESPONDENTS:
1 THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT., LOCAL SELF GOVERNMENT DEPARTMENT, GOVT.SECRETARIAT,, THIRUVANANTHAPURAM-695 001. 2 THE KUZHOOR GRAMA PANCHAYATH KUZHOOR P.O., THRISSUR DISTRICT, REP. BY, ITS SECRETARY, KUZHOOR P.O., THRISSUR-680 734. 3 THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, REP. BY ITS ENVIRONMENTAL ENGINEER, POONKUNNAM, THRISSUR-680 001. 4 THE DISTRICT MEDICAL OFFICER OF HEALTH THRISSUR-680 001. SMT.VIDYA KURIAKOSE, GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.11.2021, ALONG WITH WP(C).23956/2011, FOLLOWING:
P.V.KUNHIKRISHNAN, J.
-------------------------------- W.P.(C).Nos.23956, 28293 & 33279 of 2011 ---------------------------------------------- Dated this the 25th day of November, 2021
JUDGMENT
These writ petitions are connected and therefore, I am disposing these cases by a common judgment. Prayers in W.P.(C). No.23956 of 2011 are as follows:
i. Issue an appropriate writ of mandamus or any other appropriate writ, order or direction commanding the 3rd respondent, to conduct necessary inspection as is directed in Ext.P3 and to decide the renewal application of the consent to operate as well, as evidenced by Ext.sP4 and P5 within such time as may be fixed by this Hon’ble Court in the interest of justice.
ii. To pass any such or further orders as the petitioner may seek and this Hon’ble Court deem fit to grant. W.P.(C). No.33279 of 2011 is filed for renewal of licence. W.P.(C). No.28293 of 2011 is filed by the objectors.
2. Today, when this writ petition came up for
consideration, the Standing Counsel for the Pollution Control Board submitted that the unit itself is not functioning from 2011 onwards. In such circumstances, I think nothing survives in these writ petitions and hence, dismissed. Sd/- P.V.KUNHIKRISHNAN JV JUDGE APPENDIX OF WP(C) 23956/2011 PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE CONSENT TO ESTABLISH ISSUED BY THE THIRD RESPONDENT DATED 3.12.07 EXHIBIT P2 COPY OF THE CONSENT TO OPERATE ISSUED BY THE THIRD RESPONDENT DATED 15.11.08 EXHIBIT P3 COPY OF THE JUDGMENT IN WPC NO.38385 OF 2010 AND CONNECTED CASES DATED 27.06.2011 OF THIS COURT EXHIBIT P4 COPY OF THE RECEIPT GIVEN BY THE THIRD RESPONDENT DATED 18.7.11 EXHIBIT P5 COPY OF THE DEMAND DRAFT TAKEN IN THE NAME OF THE THIRD RESPONDENT DATED 18.7.2011 RESPONDENTS’ EXHIBITS EXHIBIT R4(A) COPY OF THE REPORT OF THE DISTRICT MEDICAL OFFICER OF HEALTH, THRISSUR DATED 22.09.2011 EXHIBIT R4(B) COPY OF THE CIRCULAR OF KERALA STATE POLLUTION CONTROL BOARD DATED 30.12.2010 EXHIBIT R4(C) COPY OF THE PROCEEDINGS OF THE PROCEEDINGS OF THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD DATED 24.09.2011 APPENDIX OF WP(C) 28293/2011 PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE PETITION FILED BY THE PETITIONER, BEFORE THE 3RD RESPONDENT DATED 17.10.2011 EXHIBIT P2 COPY OF THE REPORT OF THE DEPUTY DIRECTOR OF PANCHAYAT, THRISSUR EXHIBIT P3 COPY OF THE CIRCULAR DATED 30.12.2010 OF HTE POLLUTION CONTROL BOARD EXHIBIT P4 COPY OF THE JUDGMENT IN WPC 38385/2010 DATED 27.06.2011 EXHIBIT P5 COPY OF THE REPORT OF THE DISTRICT MEDICAL OFFICER DATED 22.9.2011 EXHIBIT P6 COPY OF THE REPORT DATED 24.9.2011 FILED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE SECRETARY OF THE GRAMAPANCHAYAT EXHIBIT P7 COPY OF THE LETTER DATED 18.02.2011 OF THE ENVIRONMENTAL ENGINEER EXHIBIT P8 COPY OF THE ORDER DATED 02.09.2011 IN WPC 23956/2011 APPENDIX OF WP(C) 33279/2011 PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE CONSENT TO ESTABLISH ISSUED BY THE THIRD RESPONDENT DATED 3.12.07 EXHIBIT P2 COPY OF THE CONSENT TO OPERATE ISSUED BY THE THIRD RESPONDENT DATED 15.11.08 EXHIBIT P3 COPY OF THE JUDGMENT IN WPC NO.38385 OF 2010 AND CONNECTED CASES DATED 27.06.2011 OF THIS COURT EXHIBIT P4 COPY OF THE RECEIPT GIVEN BY THE THIRD RESPONDENT DATED 18.7.11 EXHIBIT P5 COPY OF THE DEMAND DRAFT TAKEN IN THE NAME OF THE THIRD RESPONDENT DATED 18.7.2011 EXHIBIT P6 COPY OF THE COMMUNICATION BY THE 4TH RESPONDENT DATED 22.09.2011 EXHIBIT P7 COPY OF THE COMMUNICATION BY THE 3RD RESPONDENT DATED 24.09.2011 EXHIBIT P8 COPY OF THE COMMUNICATION BY THE 3RD RESPONDENT DATED 18.02.2011 RESPONDENTS’ EXHIBITS: ANNEXURE R3(A) COPY OF THE CONSENT TO ESTABLISH ISSUED ON 3.12.2007 ANNEXURE R3(B) COPY OF THE CONSENT TO OPERATE ISSUED ON 15.11.2008 ANNEXURE R3(C) COPY OF THE NOTICE FOR WITHDRAWAL OF CONSENT TO OPERATE DATED 18.02.2011
ANNEXURE R3(D) COPY OF THE CONSENT VARIATION ORDER
DATED 14.03.2011 ANNEXURE R3(E) COPY OF THE LETTER DATED 24.9.2011 FROM THE 3RD RESPONDENT TO THE SECRETARY, KOOZHOOR GRAMAPANCHAYAT ANNEXURE R3(F) COPY OF THE CIRCULAR NO.PCB/HO/KTM/16741/09/09 DATED 21.11.2011