IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 27677 of 2011(H) -------------------------- PETITIONER(S): ---------------------- MATHAI, AGED 61 YEARS, S/O. VATHYATH VARGHESE, UDAYAMPEROOR MURI, MANAKUNNAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE SMT.RENJINI RAJENDRAN SRI.T.A.ABDUL RASHEED RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REP. BY SECRETARY, (DEPT. OF HOME AFFAIRS), SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, CIVIL STATION, KAKKANADU, KOCHI-682 030. 3. THE SUB INSPECTOR OF POLICE, UDAYAMPEROOR POLICE STATION, UDAYAMPEROOR. GOVT.PLEADER SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.27677/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1 : TRUE PHOTOSTAT COPY OF THE TAX INVOICE ISSUED BY THE DEALER. EXT.P2 : TRUE UNCERTIFIED COPY OF THE ORDER DTD.27.5.2011 PASSED IN CRL.M.C.NO.4390/2010 ON THE FILES OF THIS HON'BLE COURT. EXT.P3 : TRUE PHOTOSTAT COPY OF THE APPLICATION DTD.2.7.2011 BEFORE THE DISTRICT COLLECTOR. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 27677 OF 2011 ===================== Dated this the 4th day of November, 2011 J U D G M E N T Petitioner claims to have purchased residual waste oil as per Ext.P1 invoice. It appears that, based on a proceedings under the Essential Commodities Act, oil was seized and a case is pending. In this writ petition, what is sought for by the petitioner is a direction to the respondents to consider Ext.P3 application made by him for release of the waste oil. 2. This case came up for admission on 19/10/11 and the counsel for the petitioner was asked to clarify whether the petitioner has obtained authorisation as contemplated in the Hazardous Wastes (Management, Handling) Rules, 1989 framed under the Environment (Protection) Act, 1986. This query was raised as the waste oil being a hazardous waste, unless an authorisation in terms of Rule 5 is obtained, no person can collect, treat, store or dispose of waste oil. 3. Despite having adjourned the case on three occasions at the request of the petitioner's counsel for the purpose of clarifying the matter, even today, the petitioner is unable to WPC No. 27677/11 :2 : clarify the said question. From this itself, it is obvious that the petitioner does not possess an authorisation as contemplated in the Rules. In such circumstances, this Court will not be justified in directing consideration of the application for release of the waste oil in question. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp