IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 WP(C).No. 21157 of 2009(L) -------------------------------------- PETITIONER: ------------------- VINEESH.S.R.,AGED 36 YEARS S/O.RAMANKUTTY, SRAMBIKAL HOUSE, PROPRIETOR,SHILPA PLASTICS, CHITTANJOOR, KUNNAMKULAM, TRICHUR DISTRICT. BY ADV. MR.C.PRABIN BENNY. RESPONDENTS: ------------------------ 1. THE SECRETARY, KUNNANKULAM MUNICIPALITY, KUNNAMKULAM, TRICHUR DISTRICT. 2. ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICER, TRICHUR. *ADDL. RESPONDENTS 3 TO 5 IMPLEADED: 3. LALITHABAI, W/O. PRABHAKARAN, POONGATT HOUSE, CHITTANJOOR.P.O., KUNNAMKULAM, THRISSUR DIST. 4. JAYAN, S/O. VELAYUDHAN, AGED 44 YEARS, MULLATH HOUSE, CHITTANJOOR.P.O., KUNNAMKULAM, THRISSUR DISTRICT. W.P.(C). NO.21157/2009-L: 5. SAVITHRI, W/O. PRABHAKARAN, KAPPALENGATT HOUSE, CHITTANJOOR.P.O., KUNNAMKULAM, THRISSUR DIST. *ADDL. RESPONDENTS 3 TO 5 ARE IMPLEADED AS PER ORDER DATED 14/09/2009 IN I.A. NO. 11030/2009. R2 BY ADV. MR.M.K.CHANDRA MOHANDAS,S.C. R3 TO R5 BY MR.P.RAMACHANDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.21157/2009-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LATEST RECEIPT OF PAYMENT OF LICENSE FEE DTD. 28/02/2009. EXT.P.2: COPY OF THE CERTIFICATE ISSUED BY THE DISTRICT INDUSTRIES CENTER, TRISSUR DTD. 27/07/2001. EXT.P.3: COPY OF THE ACKNOWLEDGMENTS ISSUED BY THE DISTRICT INDUSTRIES CENTER, TRISSUR DTD. 29/05/2009. EXT.P.4: COPY OF THE SANCTION BY THE R.1. DD. 02/04/2004. EXT.P.5: COPY OF THE NOTICE DTD. 20/06/2009 ISSUED BY THE R.1. EXT.P.6: COPY OF THE APPLICATION DTD. 10/07/2009 FILED BEFORE THE R.2. EXT.P.7: COPY OF THE RECEIPT DT. 13/07/2009 ISSUED BY THE R.2. EXT.P.8: COPY OF THE REPRESENTATION FILED BY THE PETITIONER, BEFORE THE R.1. EXT.P.9: COPY OF THE CORRECTION NOTICE DT. 08/07/2009 ISSUED BY THE R.1. EXT.P.10: COPY OF THE DETAILED REPLY DTD. 06/08/2009 FILED BY THE PETITIONER BEFORE THE R.2. EXT.P.11: COPY OF THE REPRESENTATION DTD. 24/08/2009 FILED BY THE PETITIONER BEFORE THE R.2. EXT.P.12: COPY OF THE NOTICE ISSUED BY THE R.2. DTD. 20/08/2009. EXT.P.13: COPY OF THE REPLY DTD. 27/08/2009. EXT.P.14: COPY OF THE FRESH APPLICATION DTD. 27/08/2009 FOR CONSENT FILED ALONG WITH THE EXHIBIT P.13. RESPONDENTS' EXHIBITS & ANNEXURES: ANNEXURE R2.D: COPY OF THE RESUSAL OF CONSENT TO OPERATE BEARING NO:PCB/TSR/1C/1592/09 DTD. 08/09/09. EXT.R3.A: COPY OF THE COMPLAINT DTD. 26/05/2009 SUBMITTED BY THE PETITIONERS AND OTHERS BEFORE THE R.1. W.P.(C). NO.21157/2009-L: EXT.R3.B: COPY OF THE COMPLAINT DTD. 02/06/2009 BEFORE THE POLLUTION CONTROL BOARD, THRISSUR. EXT.R3.C: COPY OF THE LETTER DTD. 19/08/2009 BY THE R.1. IN THE W.P. TO THE P.1. ANNEXURE R2.A: COPY OF THE REPORTS OF THE ANALYSIS. ANNEXURE R2.B: COPY OF THE LETTER NO. PCB/TSR/COM/KKM/98 DTD. 03/08/09. ANNEXURE R2.C: COPY OF THE NOTICE NO. PCB/TSR/IC/1592/09 DTD. 04/08/09. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.21157 OF 2009 ------------------------------------------- Dated this the 14th day of September, 2009 JUDGMENT This writ petition was admitted on 28.7.2009 and the impugned notice issued by the Municipality was stayed. That order was extended having regard to the fact that the Pollution Control Board was considering the petitioner's application for consent to operate. The PCB has placed on record a statement and Ext.R2(d) issued on 8.9.2009, refusing consent to operate. With that, this proceedings has to end. The petitioner cannot carry on the activity without a consent to operate. The issuance of Ext.R2(d), refusing the consent, cannot be disputed. The remedy of the petitioner is only to challenge Ext.R2(d) before the statutory appellate authority under the relevant statutory provision which provides an expert body to hear the statutory application. Such alternate remedy being available, this writ petition is dismissed preserving the right of the petitioner to challenge the decision of the Environmental Engineer of the PCB refusing consent to operate. All other issues are left open. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.15/9.