IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 22741 of 2011(P) ---------------------------------- PETITIONER(S): ------------------- SAMJI VISWASAM, S/O. GNANADAS, DAS VILLA, M.S.A.ROAD, MUNNAR, IDUKKI DISTRICT. BY ADVS. SRI.K.REGHU KOTTAPPURAM SRI.M.MUKESH RESPONDENT(S): --------------------- 1. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, ESSAREN BUILDING, ANAKOODU JUNCTION, THODUPUZHA, IDUKKI DISTRICT - 685 584. 2. MUNNAR GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY, MUNNAR, IDUKKI DISTRICT - 685 612. R1 BY ADV. SRI.CHANDRAMOHAN DAS, SC., P.C.B. R2 BY ADV. SMT.AYSHA YOUSEFF, SC, MUNNAR G.PANCHAY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.22741/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF NOTICE NO.PCB/IDK/GEN/03/2010 DATED 29/07/2011. P2: COPY OF A SKETCH SHOWING THE DETAILS OF SEPTIC TANK AND SOAK PITS. P3: COPY OF MEMORANDUM DATED 28/07/2010 TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 22741 OF 2011 ----------------------------------------------------- Dated this the 22nd day of August , 2011 J U D G M E N T Petitioner challenges Ext.P1, an order issued by the first respondent directing the petitioner to provide adequate sewage/sullage treatment and disposal facilities/air pollution control measures and obtain 'Consent to Operate'. According to the petitioner the said order has been issued on the premise that the petitioner has established a hotel. 2. The case of the petitioner is that he has only let out two rooms for home stay in his residential house and that he is not running any Hotel or industry as claimed in Ext.P1. 3. However a reading of Ext.P1 itself show that the said order has been issued without providing an opportunity to the petitioner to raise his contentions or file his objections. In that view of the matter I am inclined to think that the petitioner should be afforded an opportunity to raise his objections to Ext.P1. 4. Therefore I direct that Ext.P1 dated 29.7.2011 will be regarded as a notice and it will be open to the petitioner to file his objections within two weeks from today, in the event of which, the first respondent shall give an opportunity of hearing to the petitioner. It is also directed that subject to the filing of the objections as above, coercive action pursuant to Ext.P1 shall not be initiated against the petitioner until fresh orders are passed as directed above. 5. The petitioner will produce a copy of this judgment along with a copy of the Writ Petition before the first respondent for compliance. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge