IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 WP(C).No. 23310 of 2011(K) ---------------------------------------- PETITIONER(S): ------------------------ O.D. THOMAS, OLIKKAL HOUSE, MANIYANKODE P.O., KALPETTA NORTH, WYANAD DISTRICT. BY ADV. SRI.V.G.ARUN, SRI.T.R.HARIKUMAR. RESPONDENT(S): -------------------------- 1. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, JASAM COMPLEX, PINANGOD ROAD, KALPETTA, WAYANAD-673 121. 2. THE KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM-695 001. R1 & R2 BY ADV. MR.M.K. CHANDRAMOHAN DAS, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 23310 of 2011(K) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMMUNICATION ISSUED BY THE GEOLOGIST TO THE DISTRICT REGISTRAR DATED 10/11/2008. EXT.P2: COPY OF THE LICENCE ISSUED BY THE POZHUTHANA GRAMA PANCHAYAT FOR CONDUCTING THE QUARRY DATED 03/05/2011. EXT.P3: COPY OF THE LICENCE ISSUED BY THE POZHUTHANA GRAMA PANCHAYAT FOR CONDUCTING THE METAL CRUSHED UNIT DATED 05/05/2011. EXT.P4: COPY OF THE REGISTRATION UNDER FORM S ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY DATED 04/04/2011. EXT.P5: COPY OF THE CONSENT TO OPERATE ISSUED BY THE 1ST RESPONDENT FOR CONDUCTING QUARRYING OPERATION DATED 04/12/2009. EXT.P6: COPY OF THE OBJECTION CERTIFICATE ISSUED BY THE ASST. DIVISIONAL OFFICER, KERALA FIRE AND RESCUE SERVICES, KALPETTA DATED 16/12/2009. EXT.P7: COPY OF THE EXPLOSIVE LICENCE UNDER FORM 22 ISSUED BY THE CONTROLLER OF EXPLOSIVES DATED 19/03/2009. EXT.P8: COPY OF THE SHORT FIRERS CERTIFICATE ISSUED TO THE PETITIONER DATED 22/06/2009. EXT.P9: COPY OF THE QUARRY LICENCE AGREEMENT ENTERED INTO BETWEEN PETITIONER AND SRI.K.P. ANTONY DATED 15/07/2011. EXT.P10: COPY OF THE CONSENT EXECUTED BY SRI.K.P.ANTONY DATED 19/07/2011. EXT.P11: COPY OF THE LICENCE ISSUED BY THE POZHUTHANA GRAMA PANCHAYAT DATED 11/05/2010. EXT.P12: COPY OF THE CONSENT TO OPERATE ISSUED BY THE POLLUTION CONTROL BOAR DATED 23/11/2009. EXT.P13: COPY OF THE INTERIM ORDER DATED 08/04/2010 IN WP(C) NO. 5452 OF 2010 DATED 08/04/2010. EXT.P14: COPY OF THE CONSENT WITHDRAWAL ORDER NO.PCB/WND/3072/2008 DATED 02/02/2011. EXT.P15: COPY OF THE QUARRYING PERMIT ISSUED IN THE PETITIONER'S NAME DATED 03/08/2011. EXT.P16: COPY OF THE LETTER DATED 18/08/2011 ISSUED BY THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 23310 OF 2011 ----------------------------------------------------- Dated this the 26th day of August , 2011 J U D G M E N T According to the petitioner, on the basis of an agreement entered into with one K.P.Antony, he made an application for including his name in the consent issued by the first respondent to Sri.Antony, for a quarry operated by him. That request of the petitioner has now been rejected by Ext.P16 order and the reason stated in the said order is that pursuant to the directions of this court in Ext.P13 order the consent issued to Sri.Antony has been withdrawn as per Ext.P14. 2. In this writ petition what is under challenge is Ext.P16 whereby the request of the petitioner for change of name of the consent holder is rejected. The question of considering the request of the petitioner for changing the name of consent holder arises only when the consent issued remains in force. As already stated, the consent W.P.(C) No. 23310 OF 2011 :2 : stands withdrawn as per Ext.P14, which means the consent is no longer in force. In such a situation the respondent could not have entertained the request of the petitioner and for that reason, in my view, the reasoning contained in Ext.P16 for rejecting the request of the petitioner is sustainable. Be that as it may, it is clarified that if the Division Bench varies Ext.P13 order on the basis of which the consent was withdrawn or on the disposal of W.P.C. 5452 of 2010, if the consent is restored, it will be open to the petitioner to seek change of name, in which event, the request made before the respondent will be considered, untrammeled by the rejection as per Ext.P16 order. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge