IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 33193 of 2008(B) -------------------------------------- PETITIONER(S): ---------------------- T.P. MOIDEEN HAJI, S/O. KUNHUMOIDEENKUTTY, THOOMBATH PUTHENPEEDIYEKKAL, POST KANNAMANGALAM, THIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): ------------------------ THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS CHAIRMAN, PATTOM POST, THIURUVANANTHAPURAM. BY ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,POLLUTION CONT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ V. GIRI, J. ------------------------------- WP(C).NO. 33193 of 2008 --------------------------------- Dated this the 11th day of November, 2008. JUDGMENT The petitioner sought for sanction of the Pollution Control Board to establish a crusher unit in the property belonging to him and situated in Tirurangadi Taluk in Malappuram District. It is admitted that earlier the guidelines adopted by the Pollution Control Board stipulated a minimum distance of 250 meters from the site of the unit to the nearest residence and it is accordingly that Ext.P1 sanction is issued. The petitioner has proceeded to establish a unit and the construction in this regard is underway, according to him. In the meanwhile, the condition regarding distance, according to the petitioner, has been relaxed by reducing it from 250 to 200 as per Ext.P5 office order dated 8.10.2007. The petitioner therefore has sought for the benefit of relaxation and submitted Ext.P6 in this regard before the Pollution Control Board. The petitioner seeks a direction to consider Ext.P6. I heard learned Standing Counsel for the Board also. Since the sanction order contemplates variation of the condition WPC. 33193/2008 2 therein, Ext.P6 requires consideration by the Board. In the result, the writ petition is disposed of directing the respondent to consider Ext.P6, hear the petitioner and take an appropriate decision thereon. This shall be done within a period of two months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the respondent . V. GIRI, JUDGE. Pmn/ WPC. 33193/2008 3