IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 10122 of 2008(E) -------------------------- PETITIONER: ------------ SUNIL KUMAR.M.S/O.MOHANAN PILLAI MANNARATHU KIZHAKKATHIL HOUSE, VETTUVENI MURI HARIPAD P.O., KARTHIKAPALLY VILLAGE, ALLAPPUZHA. BY ADV. SRI.SAJITH KUMAR V. RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT, DEPARTMENT FOR HEALTH GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER ALLAPPUZHA DISTRICT 3. THE DIVISIONAL FIRE OFFICER ALLAPPUZHA DISTRICT. 4. THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE ALAPPUZHA. 5. THE KARTHIKAPALLY GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY. ADDITIONAL RESPONDENT 6. N.RAJAN, S/O LATE NANU, AGED 45 RAJI BHAVAN, VETTUVENI MURI KARTHIKAPALLY TALUK ALAPPUZHA DISTRICT Additional Respondent No.6 impleaded vide order dated 09/04/2008 in I.A.No.5086/08 WPC.No.10122/08 2 BY ADV. SRI.A.RAJASIMHAN SRI.G.BENO SRI.M.HAREESH ADV.SRI.M.K.CHANDRAMOHAN DAS, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 10122 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April, 2008 JUDGMENT Extensive submissions were addressed before me by Sri.V.Sajith Kumar, learned counsel for the petitioner, Sri.M.K.Chandramohan Das, learned counsel for the Pollution Control Board and Sri.G.Beno, counsel for the contesting party respondent. Having regard to the submissions and the circumstance that the petitioner has submitted Ext.P6 letter before the Environmental Engineer of the Pollution Control Board, I am of the view that if the petitioner applies to the Pollution Control Board formally for consent to operate the additional unit namely “Aswathy Wood Works Unit 2”, the 4th respondent will consider that application, conduct necessary local inspections and if it is seen that the petitioner has satisfied all the statutory requirements, the 4th respondent should issue consent. Accordingly, I dispose of the writ petition without expressing any opinion regarding the eligibility of the petitioner to get consent for his additional unit. Once such application is received, the 4th respondent WPC.No.10122/08 2 will inspect the premises with notice to the Panchayat and the petitioner and also Sri.N.Rajan, who has been impleaded as additional respondent No.6 and conduct a local inspection. After such local inspection is conducted, the application will be duly enquired into by the 4th respondent and final orders passed. Before passing final orders, the 4th respondent will hear the petitioner as well as the additional 6th respondent and call for remarks from the 5th respondent Panchayat. It is needless to state that consent to operate will be issued to the petitioner only if the 4th respondent is convinced that the unit has been established with consent to establish and that the pollution to be generated by the unit will be within the permitted levels. In the meanwhile there will be a direction to the 5th respondent to ensure that the petitioner does not conduct the additional unit unless he is having a licence duly issued by the Panchayat for conducting the said unit. The 5th respondent will ensure by seeking police assistance that the above direction is complied with by the petitioner. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.10122/08 2