Kerala High Court
M.Sainudheen vs State Of Kerala on 26 July, 2023
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C)Nos.11517/2020
& con.cases 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 11517 OF 2020
PETITIONERS:
1 MOHAMMED MEHTHAR
AGED 61 YEARS
S/O.PAREED MEHTHAR, PAYYIL HOUSE, MARIYATHURUTHU P.O.,
KOTTAYAM, PIN-686017.
2 SUBEESH BABU,
AGED 36 YEARS
S/O.BABU, VELLARIMATTATHIL HOUSE, UZHAVOOR P.O., KOTTAYAM.
BY ADV SRI K.R.VINOD
RESPONDENTS:
1 THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM,
PIN-686001.
2 THE ADDITIONAL DISTRICT MAGISTRATE,
OFFICE OF THE DISTRICT COLLECTOR,
COLLECTORATE, KOTTAYAM, PIN-686001.
3 THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,
OFFICE OF THE EXECUTIVE ENGINEER, KOTTAYAM,
PIN-686001.
4 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO THE PUBLIC WORKS
DEPARTMENT, THIRUVANANTHAPURAM, PIN-695001.
5 CENTRAL POLLUTION CONTROL BOARD,
PARIWESH BHAVAN, CBD CUM OFFICE COMPLEX, EAST ARJUN NAGAR,
DELHI, PIN-110032, REPRESENTED BY TIS CHAIRMAN.
6 KERALA STATE POLLUTION CONTROL BOARD,
PATTOM P.O., THIRUVANANTHAPURAM-695004, REPRESENTED BY ITS
CHAIRMAN.
7 INDIAN OIL CORPORATION LIMITED,
TRIVANDRUM DIVISIONAL OFFICE, REPRESENTED BY THE DEPUTY
GENERAL MANAGER (RETAIL SALES), GROUND FLOOR, PREMIER
PARK, INCHAKKAL BYE PASS ROAD,
VALLAKADAVU P.O.,
THIRUVANANTHAPURAM, PIN-695 008.
WP(C)Nos.11517/2020
& con.cases 2
8 JOBEL BABU,
AGED 27 YEARS
S/O.BABU, PONMANKAL HOUSE, THELLAKOM P.O.,
KOTTAYAM, PIN-686630.
BY ADVS.
SRI.R.SUNIL KUMAR
GOVERNMENT PLEADER SRI M.RAJEEV
SRI.S.SUJIN
SRI.M.GOPIKRISHNAN NAMBIAR
SMT.A.SALINI LAL
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
SHRI.PRANOY HARILAL
SRI T.NAVEEN
SRI RAAJESH S.SUBRAHMANIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 12302/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 12302 OF 2020
PETITIONERS:
1 SAJEESH K.T.
AGED 42 YEARS
S/O.THANKAPPAN, KONATHUKUDY HOUSE, KIZHAKKUMBHAGAMKARA,
KIZHAKKUMBHAGAM VILLAGE, KANJOOR P.O., ERNAKULAM
DISTRICT, PIN 683 575.
2 DEVASSIKUTTY
AGED 70 YEARS
S/O.THOMAS, PUTHUSSERY HOUSE, KIZHAKKUMBHAGAMKARA,
KIZHAKKUMBHAGAM VILLAGE, KANJOOR P.O., ERNAKULAM
DISTRICT, PIN - 683 575.
BY ADVS.
SRI KRISHNADAS P. NAIR
SMT.K.L.SREEKALA
RESPONDENTS:
1 THE SECRETARY, KANJOOR GRAMA PANCHAYATH
KANJOOR P.O., ERNAKULAM DISTRICT - 683 589.
2 THE DISTRICT COLLECTOR
COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT - 682 030.
3 THE ADDITIONAL DISTRICT MAGISTRATE
COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT - 682 030.
4 THE ASSISTANT ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD, KAKKANAD,
ERNAKULAM - 682 030.
5 THE SENIOR TOWN PLANNER
REGIONAL TOWN PLANNING OFFICE, KAKKANAD, ERNAKULAM -
682 030.
6 THE CHIEF REGIONAL MANAGER - RETAIL
HINDUSTAN PETROLEUM CORPORATION LIMITED, P.B.NO.1601,
ERNAKULAM NORTH P.O., ERNAKULAM - 682 017.
7 ANOOP JACOB KOTTOOR
AGED 35 YEARS, S/O.JACOB KOTTOOR, KARIPPASSERY,
VATTAPPARAMB P.O., ERNAKULAM - 683 579.
WP(C)Nos.11517/2020
& con.cases 4
8 JACOB KOTTOORAN
AGED 67 YEARS, S/O.VARGHESE, KOTTOOR HOUSE,
KIZHAKKUMBHAGAMKARA, KIZHAKKUMBHAGAM VILLAGE, KANJOOR
P.O., ERNAKULAM DISTRICT, PIN - 683 575.
9 JOHNY
AGED 71 YEARS, S/O.VARGHESE, KOTTOOR VILLAGE,
KIZHAKKUMBHAGAMKARA, KIZHAKKUMBAGAM VILLAGE, KANJOOR
P.O., ERNAKULAM DISTRICT, PIN - 683 575.
BY ADVS.
SRI M.RAJEEV, GOVT.PLEADER
SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,
SRI.M.GOPIKRISHNAN NAMBIAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 14388 OF 2020
PETITIONER:
ANU SHAJI
AGED 36 YEARS
WIFE OF SHAJI,
KEECHIYIL HOUSE,
NEERATTUPURAM P.O.,
ALAPPUZHA-689 571
BY ADVS.
SRI P.B.SAHASRANAMAN
SRI.T.S.HARIKUMAR
RESPONDENTS:
1 KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN,
REPRESENTED BY ITS MEMBER SECRETARY,
KERALA STATE POLLUTION CONTROL BOARD
PATTOM P.O.,
THIRUVANANTHAPURAM-695 004
2 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD,
AMC/X/501,
THATHAMPALLY P.O.,
ALAPPUZHA-688 013
3 THE CENTRAL POLLUTION CONTROL BOARD,
REPRESENTED BY ITS CHAIRMAN,
PARIVESH BHAWAN,
EAST ARJUN NAGAR,
DELHI-110 032
4 JUBY JACOB
KOPPARAPPARAMPIL HOUSE,
NEERATTUPURAM P.O.,
THALAVADY,
ALAPUZHA-689 571
WP(C)Nos.11517/2020
& con.cases 6
5 THE TERRITORY MANAGER (RETAIL)
BHARAT PETROLEUM CORPORATION LIMITED,
IRIMPANAM INSTALLATION,
IRIMPANAM,KOCHI-682 309
BY ADVS.
SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,
SRI.S.SUJIN
SRI.CHERIAN GEE VARGHESE
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.HARIDAS
SRI.K.JOHN MATHAI
SRI.BIJU HARIHARAN
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.R.B.BALACHANDRAN
SRI.RENJI GEORGE CHERIAN
SRI.PAULOSE C. ABRAHAM
SRI.RAJA KANNAN
SRI.P.C.SHIJIN
SRI.RISHIKESH HARIDAS
SRI RAAJESH S.SUBRAHMANIAN (SC)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 15500 OF 2020
PETITIONER:
PILSON THOMAS
AGED 54 YEARS
S/O. THOMAS, CHETHALEN HOUSE, PULLUR PO , MUKUNDAPURAM
TALUK, THRISSUR DISTRICT, PIN - 680683.
BY ADV SRI BIJU .C. ABRAHAM
RESPONDENTS:
1 THE DISTRICT COLLECTOR
THRISSUR, CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT,
PIN-680004.
2 THE ADDITIONAL DISTRICT MAGISTRATE,
THRISSUR, CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT,
PIN- 680004.
3 THE TAHSILDAR,
MUKUNDAPURAM, CIVIL STATION, IRINJALAKUDA, THRISSUR
DISTRICT, PIN -680121.
4 THE VILLAGE OFFICER,
PULLUR VILLAGE OFFICE, MUKUNDAPURAM TALUK, THRISSUR
DISTRICT, PIN-680683.
5 THE MURIYAD GRAMA PANCHAYATH
MURIYAD, THRISSUR DISTRICT, PIN 680683, REPRESENTED BY
ITS SECRETARY.
6 CHIEF REGIONAL MANAGER,
REGIONAL OFFICE, HINDUSTAN PETROLEUM CORPORATION LTD,
KOZHIKODE RETAIL REGION, WEST HILL CHUNGAM, KOZIHKODE,
PIN- 673005.
7 THE ENVIRONMENTAL ENGINEER
THRISSUR, KERALA STATE POLLUTION CONTROL BOARD
THRISSUR, PARAVATTANI P O, OLLUKKARA, THRISSUR, PIN
680655.
8 TOTTO THOMAS,
S/O. THOMAS, CHERADAY HOUSE, PULLUR P O, MUKUNDAPURAM
TALUK, THRISSUR DISTRICT, PIN- 680683.
WP(C)Nos.11517/2020
& con.cases 8
9 PULLUR PETRO PARK,
PULLUR P O, THRISSUR PIN - 680683, REPRESENTED BY ITS
MANAGING PARTNER, BINEESH M.B, MANAKKAL HOUSE,
KALLICHITHRA, NEAR PAYAMPARAM DEVI TEMPLE, NADAMPADAM,
VARANDAARAPPILLY, THRISSUR, PIN -680304.
BY ADVS.
SRI M.RAJEEV, GOVT.PLEADER SRI T.NAVEEN (SC)
SMT.P.R.REENA
SRI.M.GOPIKRISHNAN NAMBIAR
SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 15873 OF 2020
PETITIONER:
MINI MATHEW
AGED 46 YEARS
W/O. THOMAS ABRAHAM, VARUKUNNEL HOUSE,
PALAD MANIMOOOLY P.O. VAZHIKKADAVU, MALAPPURAM 679 333.
BY ADVS.
PRASUN.S
SRI.N.A.RETHEESH
RESPONDENTS:
1 THE DISTRICT COLLECTOR
OFFICE OF THE COLLECTOR, CIVIL STATION, MALAPPURAM 676
505.
2 THE ADDITIONAL DISTRICT MAGISTRATE,
OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,
MALAPPURAM 676 505.
3 THE CENTRAL POLLUTION CONTROLLER BOARD,
REPRESENTED BY ITS CHAIRMAN, PARIWESH BHAVAN, CBD CUM
OFFICE COMPLEX, EAST ARJUN NAGAR, DELHI 110 032.
4 THE STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS MEMBER SECRETARY, PATTOM P.O.
THIRUVANANTHAPURAM 695 0004.
5 THE DISTRICT MEDICAL OFFICER
(HEALTH), CIVIL STATION RD, UP HILL, MALAPPURAM, KERALA
676 505.
6 THE EXECUTIVE ENGINEER,
PUBLIC WORK DEPARTMENT, OFFICE OF THE EXECUTIVE
ENGINEER, MANJERI, MALAPPURAM 679 328.
7 THE DISTRICT SUPPLY OFFICER,
THE OFFICE OF THE DISTRICT SUPPLY OFFICER, MALAPPURAM
UP HILL, MALAPPURAM 676 505.
8 THE REGIONAL FIRE OFFICER,
DEPARTMENT OF FIRE AND RESCUE,
CIVIL STATION, PALAKKAD 678 001.
WP(C)Nos.11517/2020
& con.cases 10
9 THE TAHSILDAR,
NILAMBUR TALUK OFFICE, MALAPPURAM 679 329.
10 THE HINDUSTAN PETROLEUM CORPORATION LIMITEE,
REPRESENTED BY THE CHIEF REGIONAL MANAGER, KOZHIKODE
RETAIL REGIONAL ELATHUR, KOZHIKKODE 673 303.
11 SHAHJAHAN,
S/O. SHOUKATH ALI, THAYYIL HOUSE, KALATHINKADAVU,
NILAMBUR P.O. MALAPPURAM 679 329.
12 SHOUKATH ALI,
S/O. ALAVI, THAYYIL HOUSE, KALATHINKADAVU, NILAMBUR,
P.O. MALAPPURAM 679 329.
13 THE VAZHIKKADAVU GRAMA PANCHAYATH,
REPRESENTED BY THE SECRETARY, THE OFFICE OF THE
VAZHIKKADAVU GRAMA PANCHAYATH, VAZHIKKADAVU P.O.
MALAPPURAM 679 333.
BY ADVS.
SRI.PHILIP J.VETTICKATTU
SRI.M.P.PRABHAKARAN (PALAKKAD)
SRI T.NAVEEN (SC)
SRI RAAJESH S.SUBRAHMANIAN (SC)
SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 15917 OF 2020
PETITIONER/S:
K.S.KOMU
AGED 65 YEARS
S/O. SEETHY, KADAVIL HOUSE, PONJASSERY P O,
PERUMBAVOOR, ERNAKULAM DISTRICT, PIN-683547.
BY ADVS.
K.R.VINOD
M.S.LETHA
K.S.SREEREKHA
NABIL KHADER
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,
KUNNUMPURAM, KAKKANAD, ERNAKULAM, ERNAKULAM - 682030.
2 THE ADDITIONAL DISTRICT MAGISTRATE
OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,
KUNNUMPURAM, KAKKANAD, ERNAKULAM-682030.
3 THE CHIEF ENGINEER,
PUBLIC WORKS DEPARTMENT,
THIRUVANANTHAPURAM-695036.
4 THE DISTRICT SUPPLY OFFICER,
FOOD AND CIVIL SUPPLIES DEPARTMENT, ERNAKULAM, PIN-
682030.
5 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO THE PUBLIC WORKS
DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001.
6 CENTRAL POLLUTION CONTROL BOARD,
PARIWESH BHAVAN, CBD CUM OFFICE COMPLEX, EAST ARJUN
NAGAR, DELHI, PIN-110032, REPRESENTED BY ITS CHAIRMAN.
7 KERALA STATE POLLUTION CONTROL BOARD,
KERALA STATE POLLUTION CONTROL BOARD, PATTOM P.O,
THIRUVANANTHAPURAM-695004, REPRESENTED BY ITS CHAIRMAN.
WP(C)Nos.11517/2020
& con.cases 12
8 BHARAT PETROLEUM CORPORATION LTD,
REPRESENTED BY ITS TERRITORY MANAGER - RETAIL, BPCL,
IRUMPANAM INSTALLATION, KOCHI-682309.
9 ELDHO PAUL
NAMMANARIL HOUSE, KIZHAKKAMBALAM, ERNAKLAM, PIN-683562.
BY ADVS.
SRI.S.SUJIN
SRI.M.GOPIKRISHNAN NAMBIAR
SMT.A.SALINI LAL
SRI.R.SUNIL KUMAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
SRI.RAJA KANNAN
SRI T.NAVEEN (SC)
SRI RAAJESH S.SUBRAHMANIAN (SC)
SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 13
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 5928 OF 2021
PETITIONER/S:
1 ANEESAN P. ALIAS ANEESH
AGED 55 YEARS
S/O GOVINDAN,
VALIYAKANDIYIL (H),
KARIYAD P.O.,
KANNUR-673 316
2 RAMAKRISHNAN.K.,
AGED 54 YEARS
S/O.BALAN,
PADINJARAYIL (H),
KARIYAD P.O.,
KANNUR-673 316
BY ADVS.
SRI V.HARISH
SRI.RAJAN VISHNURAJ
RESPONDENT/S:
1 KERALA STATE POLLUTION CONTROL BOARD
PATTOM P.O.,
THIRUVANANTHAPURAM-695 004,
REPRESENTED BY ITS CHAIRMAN
2 ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE,
6TH FLOOR,RUBCO HOUSE,
SOUTH BAZAR,
KANNUR-670 002
3 M/S.MOTHAL FILLING STATION,
HPCL DEALER, PALLIKKUNI,
NEAR MOTHEL BRIDGE,
KARIYAD SOUTH P.O.,
KANNUR-673 316,
REPRESENTED BY ITS MANAGER
AUTHORIZED PERSON
WP(C)Nos.11517/2020
& con.cases 14
4 CENTRAL POLLUTION CONTROL BOARD,
PARIVESH BHAVAN,
EAST ARJUN NAGAR,
DELHI-110 032,
REPRESENTED BY ITS CHAIRMAN
BY ADVS.
SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,
SRI.R.SUNIL KUMAR
S.SUJIN
SMT.A.SALINI LAL
SRI RAAJESJ S.SUBRAHMANIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 15
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 6858 OF 2021
PETITIONERS:
1 VELAYUDHAN V.T.,
AGED 61 YEARS
S/O. SANKUNNI, VELLITHODI HOUSE, NEETHU NIVAS,
VALIYETTIPARAMBU, MANJERI, MALAPPURAM 676 121.
2 SUKUMARAN V.T.,
AGED 56 YEARS
S/O. SANKUNNI, VELLITHODI HOUSE, VALIYETTIPARAMBU,
MANJERI, MALAPPURAM 676 121.
BY ADVS.
SRI K.M.SATHYANATHA MENON
SMT.KAVERY S THAMPI
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES
AND COMMERCE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN 695 001.
2 THE DISTRICT COLLECTOR,
CIVIL STATION, MALAPPURAM, PIN 676 505.
3 THE ADDITIONAL DISTRICT MAGISTRATE,
CIVIL STATION MALAPPURAM, PIN 676 505.
4 THE CENTRAL POLLUTION CONTROL BOARD
(CPCB), REPRESENTED BY ITS SECRETARY, PARIVESH BHAVAN
EAST ARJUN NAGAR, NEW DELHI 110 032.
5 KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, UP HILL, P.O. MALAPPURAM, 676 505,
REPRESENTED BY ENVIRONMENTAL ENGINEER.
6 THE DIVISIONAL OFFICER,
FIRE AND RESCUE SERVICES, CIVIL STATION P.O. PALAKKAD
678 001.
7 THE MANJERI MUNICIPALITY,
MANJERI, MALAPPURAM DISTRICT, REPRESENTED BY ITS
SECRETARY.
WP(C)Nos.11517/2020
& con.cases 16
8 INDIA OIL CORPORATION LIMITETD,
KOZHIKODE DIVISIONAL OFFICE, P.M.K. TOWER, KOZHIKODE
673 020, REPRESENTED BY ITS CHIEF DIVISIONAL MANAGER.
9 NIHAL MOHAMMED,
S/O. AHAMED HAJI, PULIKKAL HOUSE, NEDIYIRUPPU,
KONDOTTY, MALAPPURAM DISTRICT 673 638.
BY ADVS.
SRI S.SUJIN
SRI T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,
SHRI.R.RANJITH (MANJERI), SC, MANJERI MUNICIPALITY
SRI.M.GOPIKRISHNAN NAMBIAR
SMT.A.SALINI LAL
SRI.R.SUNIL KUMAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
SRI.RAJA KANNAN
SRI RAAJESH S.SUBRAHMANIAN
SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 17
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 11495 OF 2021
PETITIONER:
CHANDRAN K
AGED 70 YEARS
S/O LATE KOMBI, NEERKODE KALAM, MANCHIRA, CHITTUR POST,
PALAKKAD DISTRICT-678101.
BY ADVS.
SAJAN VARGHEESE K.
LIJU. M.P
RESPONDENTS:
1 THE HINDUSTAN PETROLEUM CORPORATION LTD
RETAIL REGION, KOZHIKKODE-673005, REPRESENTED BY THE
CHIEF REGIONAL MANAGER.
2 THE DISTRICT COLLECTOR
PALAKKAD DISTRICT-678001.
3 THE ADDITIONAL DISTRICT MAGISTRATE
CIVIL STATION, PALAKKAD DISTRICT-678001.
4 THE TAHSILDAR
CHITUR TALUK, PALAKKAD DISTRICT-678101.
5 THE VILLAGE OFFICER
CHITTUR VILLAGE OFFICE, CHITTUR POST, PALAKKAD
DISTRICT-678101.
6 NALLEPILLY GRAMA PANCHAYAT
NALLEPILLY , CHITTUR TALUK, PALAKKAD DISTRICT-678553,
REPRESENTED BY THE SECRETARY.
7 KERALA STATE POLLUTION CONTROL BOARD
PATTOM POST, THIRUVANANTHAPURAM-695004, REPRESENTED BY
THE CHAIRMAN.
8 VEERAMAHESWARI
W/O MANIMURUKAN, ANNAI ILLAM,
THELUNGU STREE5T, CHITTUR POST,
PALAKKAD DISTRICT-678101.
WP(C)Nos.11517/2020
& con.cases 18
9 MANIMURAKAN,()FATHER'S NAME NOT KNOWN, ANNAI ILLAM,
THELUNGU STREET, CHITTUR POST, PALAKKAD DIST. 678 101.
ADDL.R10 THE CENTRAL POLLUTION CONTROL BOARD
PARIVERSH BHAWAN,EAST ARJUN NAGAR, DELHI-110032,REP.BY
THE CHAIRMAN.(ADDL.R10 IMPLEADED AS PER ORDER DATED
19/07/2021 IN IA.1/2021 IN WP(C).
BY ADVS.
SRI M.RAJEEV, GOVT.PLEADER
SRI M.GOPIKRISHNAN NAMBIAR
VINOD KUMAR.C
R.SUNIL KUMAR
RAAJESH S.SUBRAHMANIAN (SC)
K.JOHN MATHAI
KURYAN THOMAS
JOSON MANAVALAN
PAULOSE C. ABRAHAM
RAJA KANNAN
SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,
A.SALINI LAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 19
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 17601 OF 2021
PETITIONER:
JITHESHKUMAR,
AGED 49 YEARS, S/O. VELU,
KAIPPILLI HOUSE, VELUTHJOOR ERAVU,
THRISSUR, KERALA - 680620.
BY ADVS.
SRI ATUL SOHAN
SRI K.V.SOHAN
RESPONDENTS:
1 INDIAN OIL CORPORATION LTD.,
REPRESENTED BY DEPUTY GENERAL MANAGER,
COCHIN DIVISIONAL OFFICE,
PANAMPILLY AVENUE, PANAMPILLY NAGAR P.O.,
PIN-682036.
2 THE DISTRICT COLLECTOR,
THRISSUR DISTRICT,
FIRST FLOOR, CIVIL STATION,
CIVIL LINES ROAD, KALYAN NAGAR,
AYYANTHOLE, THRISSUR, KERALA, PIN-680003.
3 ARIMPUR GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
THRISSUR KANJANI VADANAPPALLY ROAD,
ARIMBUR, KERALA, PIN-680012.
4 THE KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN,
KERALA STATE POLLUTION CONTROL BOARD,
HEAD OFFICE, PATTOM P.O.,
THIRUVANANTHAPURAM, KERALA, PIN-695004.
WP(C)Nos.11517/2020
& con.cases 20
5 THE CENTRAL POLLUTION CONTROL BOARD,
REPRESENTED BY ITS CHAIRMN,
CENTRAL POLLUTION CONTROL BOARD,
PARIVESH BHAWAN, EAST ARJUN NAGAR,
DELHI, PIN-110032.
*ADDL.R6 & R7 ARE IMPLEADED
SOMASUNDARAN C.V.
VILLA NO. 37, CHERUVARE VALIYAVEETTIL HOUSE,
ADDL.R6
PUZAHAKKAL, PUZHAKAL P.O. SHOBHA CITY,
THRISSUR, INDIA PIN:680553.
(ADDL.R6 IS IMPLEADED AS PER ORDER DATED 15/09/2021 IN
I.A. 1/2021 IN WPC 17601/2021)
*ADDL.R7 [LETHA SOMASUNDARAN
FLAT NO. A1, ANCHORAGE APARTMENTS,
KEERAMKULANGARA, EAST FORT P.O.
THRISSUR, KERALA, PIN:680005].
(ADDL. R7 IS IMPLEADED AS PER ORDER DATED 15.09.2021 IN
I.A. 1/2021 IN WPC 17601/2021)
*[The fact of death of Addl.R7 and of Addl.R6 is one of
the legal representatives of the deceased Addl.R7 is
recorded as per order dt.26.7.2023 in IA.1/22 in WPC
17601/21]
ADDL.R8 & R9 IMPLEADED:
ADDL.R8 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES ERNAKULAM
SUB CIRCLE OFFICE, C2-IIIRD FLOOR, CGO COMPLEX,
KAKKANAD, ERNAKULAM - 682037.
ADDL.R9 JT.CHIEF CONTROLLER OF EXPLOSIVES SOUTH CIRCLE, A AND D
WING, BLOCK 1-8, SECOND FLOOR, SHASTRI BHAVAN, 26
HADDOWS ROAD, NUNGAMBAKKAM, CHENAI - 600 006.
(ADDL.R8 & R9 IMPLEADED AS PER ORDER DT.26.7.23 IN
I.A.NO.2/22)
ADDL.R10 & R11 IMPLEADED
ADDL.R10 MALAVIKA SOMASUNDARAN,
AGED 23 YEARS, D/O SOMASUNDARAN,
CHERUPURA VALIYAVEETIL HOUSE, PUZHAKKAL POST, SOBHA
CITY LIFE STYLE VILLA-37,
THRISSUR DISTRICT - 680 553.
ADDL.R11 SRIDHI V.S
AGED 28 YEARS, S/O SHARATH,
VALATH HOUSE, THALIKULAM POST,
THRISSUR DISTRICT - 680 569.
(ADDL.R10 & R11 IMPLEADED AS PER ORDER DT.26.7.23 IN
I.A.NO.5/22)
WP(C)Nos.11517/2020
& con.cases 21
BY ADVS.
SRI.M.GOPIKRISHNAN
SRI.G.SANTHOSHKUMAR, SC, ARIMBUR GRAMA PANCHAYAT,
THRISSUR
SRI.T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,
SRI.RAAJESH S.SUBRAHMANIAN
SRI.K.P.SURESH KUMAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
SRI.RAJA KANNAN
SRI.K.C.VISWAMBARAN
SRI.K.C.VISWAMBARAN
SRI.S.SUJIN
SRI.M.RAJEEV, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO.18031 OF 2021
PETITIONER:
JINU K.G.
AGED 31 YEARS
S/O.KUTTAPPAN, T.C.11/810, NALANDA HOUSE, NALANDA JN.,
NANTHANCODE, THIRUVANANTHAPURAM.
BY ADVS.
SRI R.SUNIL KUMAR
MS. A.SALINI LAL
RESPONDENTS:
1 THE STATE OF KERALA
REP. BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 KERALA PUBLIC WORKS DEPARTMENT
REP. BY THE PROJECT DIRECTOR, KERALA STATE TRANSPORT
PROJECT JAGAD BUILDINGS,
KOWDIAR P.O.,
THIRUVANANTHAPURAM - 695 003.
3 THE EXECUTIVE ENGINEER
PWD ROADS DIVISION, THIRUVANANTHAPURAM - 695 033.
4 THE DISTRICT COLLECTOR
COLLECTORATE, THIRUVANANTHAPURAM DIST. - 695 035.
5 INDIAN OIL CORPORATION LIMITED
REP. BY ITS DEPUTY GENERAL MANAGER, GROUND FLOOR,
PREMIER PARK, INCHAKKAL BYE PASS ROAD, VALLAKKADAVU
P.O., THIRUVANANTHAPURAM - 695 008.
6 THE CENTRAL POLLUTION CONTROL BOARD
EAST ARJUN NAGAR, NEW DELHI - 110 032 REP. BY ITS
DIRECTOR.
7 THE KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN, PATTOM P.O.,
THIRUVANANTHAPURAM - 695 004.
WP(C)Nos.11517/2020
& con.cases 23
8 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,
PLAMOODU, PATTOM - 695 004.
9 THE DISTRICT TOWN PLANNER
DEPARTMENT OF COUNTRY AND TOWN PLANNING,
DISTRICT TOWN PLANNING OFFICE,
THIRUVANANTHAPUAM - 695 034.
BY ADVS.
SRI M.GOPIKRISHNAN NAMBIAR
SRI RAAJESH S.SUBRAHMANIAN
SRI K.JOHN MATHAI
SRI JOSON MANAVALAN
SRI KURYAN THOMAS
SRI PAULOSE C. ABRAHAM
SRI RAJA KANNAN
SRI T.NAVEEN
SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 24
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 27900 OF 2021
PETITIONERS:
1 HAMZA K.,
S/O. MOIDEEN, HOUSE NO. 12/108,
KUROOR HOUSE, PERUNTHALLOOR P.O.,
TIRUR, MALAPPURAM, KERALA-676102.
2 ABIDA K.,
W/O. ANWAR KURUR, KANNATH HOUSE,
PERUNTHALLOOR P.O., TIRUR,
MALAPPURAM DISTRICT, KERALA-676102.
3 NASAR,
S/O. ALI, VELUTHEDATH PARAMBIL (H),
PERUNTHALLOOR P.O., TIRUR,
MALAPPURAM DISTRICT, KERALA-676102.
4 SAJITHA,
W/O. ABDUSAMAD,
VELUTHEDATH PARAMBIL HOUSE,
PERUNTHALLOOR P.O., TIRUR,
MALAPPURAM DISTRICT, KERALA-676102.
5 HAMZA K.,
S/O. KHADER, KUROOR HOUSE,
PERUNTHALLOOR P.O., TIRUR,
MALAPPURAM DISTRICT, KERALA-676102.
6 KHALID,
S/O. HAMZA, KUROOR HOUSE,
PERUNTHALLOOR P.O., TIRUR,
MALAPPURAM DISTRICT, KERALA-676102.
BY ADVS.
ATUL SOHAN
VINAI JOHN,
R.REJI (ATTINGAL)
SREEJA SOHAN K.
WP(C)Nos.11517/2020
& con.cases 25
RESPONDENTS:
1 AIR AND WATER APPELLATE AUTHORITY,
REPRESENTED BY ITS CHAIRMAN,
DEVI KRIPA BUILDING, TC 13/29(8),
2ND FLOOR, KANNAMMOOLA, PETTAH,
THIRUVANANTHAPURAM DISTRICT-695024.
2 CENTRAL POLLUTION CONTROL BOARD,
REPRESENTED BY ITS CHAIRMAN,
PARIVESH BHAVAN,EAST ARJUN NAGAR,
DELHI-110032.
3 KERALA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS CHAIRMAN,
HEAD OFFICE, PATTOM P.O.,
THIRUVANANTHAPURAM-695004.
4 ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, NO. 19/269-A,
PERINTHALMANNA ROAD, UP HILL P.O.,
MALAPPURAM DISTRICT-676505.
5 M/S. PROPOSED PETROL PUMP,
REPRESENTED BY ITS MANAGER/AUTHORIZED PERSON BIJU K.P.,
TRIPANGODE,TIRUR,
MALAPPURAM DISTRICT-676102.
6 ADDITIONAL DISTRICT MAGISTRATE,
MALAPPURAM, OFFICE OF THE DISTRICT COLLECTOR,
CIVIL STATION, UP HILL,
MALAPPURAM DISTRICT,KERALA, PIN-676505.
7 CHIEF DIVISIONAL RETAIL SALES MANAGER,
INDIAN OIL CORPORATION LIMITED,
KOZHIKODE DIVISIONAL OFFICE,
2ND FLOOR, PMK TOWERS,
CIVIL STATION P.O.,WAYANAD ROAD,
KOZHIKODE DISTRICT,KERALA-673020.
8 BIJU K.P.,S/O. SUBRAMANIAN,
R/O. KATTIKAATTUPARAMBIL HOUSE,
EZHOOR, TIRUR TALUK,
MALAPPURAM DISTRICT,
KERALA, PIN-676101.
9 MUHAMMED KUTTY,
AGED 49 YEARS, S/O. POKER ALIAS BAVA,
KAMBILA VALAPPIL HOUSE, CHAMRAVATTOM P.O.,
TIRUR TALUK,MALAPPURAM DISTRICT, PIN-676101.
BY ADVS.SRI RAAJESH S.SUBRAHMANIAN
SRI M.GOPIKRISHNAN NAMBIAR
SRI K.JOHN MATHAI
WP(C)Nos.11517/2020
& con.cases 26
SRI JOSON MANAVALAN
SRI KURYAN THOMAS
SRI PAULOSE C. ABRAHAM
SRI RAJA KANNAN
SRI T.NAVEEN
SRI M.RAJEEV, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 27
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 10367 OF 2021
PETITIONER:
M.SAINUDHEEN
AGED 60 YEARS
SON OF MOIDEEN KUNJU, AGED 60 YEARS, NADAKKAVINTE
KIZHAKKATHIL, PALLIMURI, PORUVAZHY, SOORANADU P.O,
KOLLAM.
BY ADVS.
SRI P.K.NIJOY
SMT.C.PRABITHA
SMT.K.R.REMYA (KARUKAYIL)
SRI.REJOICE B.CHEMBAKASSERIL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF
GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-
01.
2 THE DISTRICT COLLECTOR,
COLLECTORATE, KOLLAM-681 013.
3 CENTRAL POLLUTION CONTROL BOARD,
OFFICE OF CENTRAL POLLUTION CONTROL BOARD, NEW DELHI
110 032, REPRESENTED BY ITS DIRECTOR.
4 THE DISTRICT TOWN PLANNER,
OFFICE OF DISTRICT TOWN PLANNER, MUNICIPAL BUILDING,
CHINNAKKADA, KOLLAM-691 013
5 THE KERALA STATE POLLUTION CONTROL BOARD,
PATTOM P.O, THIRUVANANTHAPURAM, 695 004, REPRESENTED BY
ITS CHIEF ENVIRONMENTAL ENGINEER.
6 THE ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,
KOLLAM-691 013
7 NARAYA ENERGY LTD.,
6B, 6TH FLOOR, NOEL FOCUS, SEAPORT AIRPORT ROAD,
CHITTETHUKARA, CSEZ P.O-682 037, REPRESENTED BY ITS
MANAGING DIRECTOR.
WP(C)Nos.11517/2020
& con.cases 28
8 PORUVAZHY GRAMA PANCHAYATH,
OFFICE OF PORUVAZHY GRAMA PANCHAYATH, OFFICE OF
PORUVAZHY GRAMA PANCHAYATH, PORUVAZHY P.O, KOLLAM-680
520, REPRESENTED BY ITS SECRETARY.
9 SAINUDEEN S,
SON OF SULAIMAN RAWTHER, AGED 56 YEARS, S.S. NIVAS,
PADINJATTOM KIZHAKKU, SOORANADU P.O, SOORANADU NORTH
VILLAGE, KUNNATHUR TALUK, KOLLAM, PRESENTLY RESIDING AT
PARANKIMAVILAYIL VEEDU, THEKKE MURI, SOORANADU P.O,
KOLLAM-690 522
10 SAJITHA,
WIFE OF SAINUDEEN S, S.S. NIVAS, PADINJATTOM KIZHAKKU,
SOORANADU NORTH VILLAGE, KUNNATHOOR TALUK, KOLLAM,
PRESENTLY RESIDING AT PARANKIMAVILAYIL VEEDU, THEKKE
MURI, SOORANADU P.O, KOLLAM-690 522
BY ADVS.
SRI M.RAJEEV, GOVERNMENT PLEADER
SRI RAAJESH S.SUBRAHMANIAN
SRI S.BIJU (KIZHAKKANELA)
SHRI.VINOY VARGHESE KALLUMOOTTIL SC PORUVAZHY GRAMA
PANCHAYAT
SRI JOHNSON GOMEZ
SRI SANJAY JOHNSON
MS.SREEDEVI S.
SRI ENLIN MARY RODRIGUS
SRI MOHAMED SHEHARAN
SRI DINOOP P.D.
SRI SANJITH JOHNSON
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 29
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 11907 OF 2021
PETITIONER:
M. SAINUDEEN
AGED 60 YEARS
S/O. MOIDEEN KUNJU, NADAKKAVINTE KIZHAKKATHIL,
PALLIMURI, PORUVAZHY, SOORANADU P. O., KOLLAM.
BY ADV S.MOHAMMED AL RAFI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, ENVIRONMENT
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 CENTRAL GOVERNMENT
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF
PETROLEUM AND NATURAL GAS, SHASHTRI BHAWAN, NEW DELHI -
110 001.
3 DISTRICT COLLECTOR
COLLECTORATE, KOLLAM - 681013.
4 CENTRAL POLLUTION CONTROL BOARD
REPRESENTED BY ITS DIRECTOR, OFFICE OF THE CENTRAL
POLLUTION CONTROL BOARD, PARIVESH BHAWAN , CBD-CUM-
OFFICE COMPLEX, EAST ARJUN NAGAR, NEW DELHI - 110 032.
5 DISTRICT TOWN PLANNER, KOLLAM
OFFICE OF DISTRICT TOWN PLANNER, MUNICIPAL BUILDING,
CHINNAKKADA, KOLLAM - 691 001.
6 KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS CHIEF ENVIRONMENTAL ENGINEER, PATTOM
P. O., THIRUVANANTHAPURAM - 695 003.
7 ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,
KOLLAM - 691 001.
8 NAYARA ENERGY LTD.
REPRESENTED BY ITS MANAGING DIRECTOR, 6B, 6TH FLOOR,
NOEL FOCUS, SEAPORT AIRPORT ROAD, CHITTETHUKARA, CSEZ
P. O., ERNAKULAM - 682 037.
WP(C)Nos.11517/2020
& con.cases 30
9 PORUVAZHY GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, OFFICE OF PORUVAZHY GRAMA
PANCHAYATH, PORUVAZHY P. O., KOLLAM - 680 520.
10 SAINUDEEN S.
AGED 56 YEARS
S/O. SULAIMAN RAWTHER, S.S. NIVAS, PADINJATTOM
KIZHAKKU, SOORANADU P. O., SOORANADU NORTH VILLAGE,
KUNNATHUR TALUK, KOLLAM - 690 522., PRESENTLY RESIDING
AT PARANKIMAVILAYIL VEEDU, THEKKE MURI, SOORANADU P.
O., KOLLAM - 690 522.
11 SAJITHA
W/O. ABDUL RASHEED, S.S. NIVAS, PADINJATTOM KIZHAKKU,
SOORANADU P. O., SOORANADU NORTH VILLAGE, KUNNATHUR
TALUK, KOLLAM - 690 522., PRESENTLY RESIDING AT
PARANKIMAVILAYIL VEEDU, THEKKE MURI, SOORANADU P. O.,
KOLLAM - 690 522.
BY ADVS.
SRI M.RAJEEV, GOVT.PLEADER SMT.VANDANA P., CGC
SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,
SRI RAAJESH S.SUBRAHMANIAN
JOHNSON GOMEZ
VINOY VARGHESE KALLUMOOTTILL
S.BIJU (KIZHAKKANELA)
SANJAY JOHNSON
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 31
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 12880 OF 2021
PETITIONER/S:
SAINUDEEN S.,
AGED 56 YEARS, S/O SULAIMAN RAWTHER,
SS NIVAS, PADIJATTOM KIZAHKU,
SOORANAD P.O,
SOORANAD NORTH VILLAGE,
KUNNATHUR TALUK,
KOLLAM DISTRICT, KERALA.
PRESENTLY RESIDING AT PARANKIMAMVILAYIL VEEDU,
THEKKE MURI, SOORANAD P.O,
KOLLAM DISTRICT-690522.
BY ADVS.
SRI S.BIJU (KIZHAKKANELA)
SRI JOHNSON GOMEZ
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF REVENUE,
SECRETARIAT,
THIRUVANANTHAPURAM
PIN-695001.
2 THE DISTRICT COLLECTOR,
KOLLAM DISTRICT COLLECTORATE,
KOLLAM-691013.
3 PORUVAZHI GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
AMBALATHUM BHAGOM P.O,
PORUVAZHI,
KOLLAM-690520.
WP(C)Nos.11517/2020
& con.cases 32
4 SECRETARY,
PORUVAZHI GRAMA PANCHAYATH,
AMBALATHUM BHAGOM P.O,
PORUVAZHI,
KOLLAM-690520.
5 THE NAYARA ENERGY LTD(FORMERLY ESSAR OIL LTD)
REPRESENTED BY ITS JOINT GM,
DIVISIONAL MANAGER, RETAIL BD, NO.602,
6TH FLOOR, INFRA FUTURA BUILDING,
OPPOSITE BHARAT MATHA COLLEGE,
THRIKKAKARA,
SEAPORT AIRPORT ROAD,
KAKKANAD,
ERNAKULAM DISTRICT,PIN-682021.
6 SAINUDEEN M.,
AGED 6 YEARS,
NADAKKAVINTE KIZHAKKATHIL,
PALLIMURI, PORUVAZHI,
SOORANAD P.O,
KOLLAM DISTRICT-690522.
ADDL R7. IMPLEADED
ADDL R7 MUNEER M.
AGED 51 YEARS, S/O MUHAMMAD,
MADATHIL HOUSE, PORUVAZHY P.O.,
KOLLAM DISTRICT, PIN- 690520
IS IMPLEADED AS PER ORDER DATED 06.08.2021 IN IA
1/2021.
ADDL.R8 ADDL R8.IMPLEADED
A.SHAJAHAN ALIAS ADINADU SHAJI,
AGED 53 YEARS,
S/O ALIKUNJU,
RESIDING AT KOCHUKANJICKAL,
ADINAD SOUTH,
KATTILKADAVU, P.O.
KOLLAM, PIN - 690 542,
REPRESENTED BY STATE GENERAL SECRETARY,
CITIZENS' RIGHT PROTECTION COUNCIL,
REGD.No.KLM/TC/277/2014,
ADINADU SOUTH,
KATTILKADAVU, P.O.
KOLLAM DISTRICT,
PIN 690 542.
WP(C)Nos.11517/2020
& con.cases 33
IS IMPLEADED AS PER ORDER DATED 26.7.2023 IN IA 1/2022.
BY ADVS.
SHRI.VINOY VARGHESE KALLUMOOTTIL,
SC, PORUVAZHY GRAMA PANCHAYAT.
SRI SANJAY JOHNSON
SRI ABDUL SALIM M.
SRI ALIAS M.CHERIAN
MS.UTHARA A.S
SRI JOHN GOMEZ
SRI VIJAYKRISHNAN S. MENON
SRI K.M.RAPHY
SRI ANJALY ELIAS
SRI BRISTO S PARIYARAM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 34
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 15087 OF 2021
PETITIONER:
SAINUDHEEN M.
AGED 60 YEARS
S/O. MOIDEEN KUNJU, NADAKKAVINTE KIZHAKKETHIL,
PALLIMURI, PORUVAZHY, SHOORANADU P.O., KOLLAM DISTRICT.
BY ADVS.
SRI ABDUL SALIM M.
SRI NAVANEETH D.PAI
RESPONDENTS:
1 S.SAINUDHEEN
AGED 56 YEARS
S/O. SULAIMAN RAVUTHAR, S.S.NIVAS, PADINJATTOM
KIZHAKKU, SHOORANADU P.O., SHOORANADU NORTH VILLAGE,
KOLLAM DISTRICT, PIN-690522.
2 PORUVAZHY GRAMA PANCHAYAT
AMBALATHUMBHAGOM P.O., PORUVAZHI, KOLLAM DISTRICT,
PIN-690520, REPRESENTED BY ITS SECRETARY.
3 SECRETARY,
PORUVAZHI GRAMA PANCHAYATH, AMBALATHUMBHAGOM P.O.,
PORUVAZHI, KOLLAM DISTRICT, PIN-690 520.
4 THE DISTRICT COLLECTOR,
COLLECTORATE, KOLLAM DISTRICT, PIN-691013.
5 THE DISTRICT TOWN PLANNER,
MUNICIPAL BUILDING, CHINNAKKADA, KOLLAM, PIN-691 001.
6 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, LOCAL SELF-GOVERNMENT
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
7 NARAYA ENERGY LIMITED
6B, 6TH FLOOR, NOEL FOCUS, SEAPORT AIRPORT ROAD,
CHITTETHUKARA, CSEZ P.O-682 037 REPRESENTED BY ITS
MANAGING DIRECTOR
WP(C)Nos.11517/2020
& con.cases 35
ADDL.R8 IMPLEADED
ADDL.R8 ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,
USHUS BUILDING, BIG BAZAR, KOLLAM-691001. (ADDITIONAL
R8 IS IMPLEADED AS PER ORDER DATED 14/12/2021 IN IA
4/2021 IN WPC)
BY ADVS.
SRI JOHNSON GOMEZ
SRI M.RAJEEV, GOVT.PLEADER
SRI JOHN GOMEZ
SREEDEVI S.
SRI MOHAMED SHEHARAN
SRI DINOOP P.D. SRI T.NAVEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 36
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 26321 OF 2021
PETITIONER:
M.SAINUDHEEN,
AGED 60 YEARS
SON OF MOIDEEN KUNJU, NADAKKAVINTE KIZHAKKATHIL,
PALLIMURI, PORUVAZHY, SOORANADU P.O., KOLLAM.
BY ADVS.
SRI P.K.NIJOY
MS.C.PRABITHA
SRI REJOICE B.CHEMBAKASSERIL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF
GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-
695 001.
2 THE DISTRICT COLLECTOR,
COLLECTORATE, KOLLAM-681 013.
3 THE ADDITIONAL DISTRICT MAGISTRATE,
KOLLAM-686 102.
4 CENTRAL POLLUTION CONTROL BOARD,
OFFICE OF CENTRAL POLLUTION CONTROL BOARD, NEW DELHI-
110 032, REPRESENTED BY ITS DIRECTOR.
5 JOINT SECRETARY (MARKETING),
MINISTRY OF PETROLEUM AND NATURAL GAS, GOVERNMENT OF
INDIA, SHASTRI BAHVAN, NEW DELHI-110 001.
6 REGIONAL OFFICER, MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS,
REGIONAL OFFICE (KERALA AND LAKSHADWEEP REGION), PUBLIC
OFFICE BUILDING, OPPOSITE TO MUSEUM,
THIRUVANANTHAPURAM-695 033.
7 THE EXECUTIVE ENGINEER,
NATIONAL HIGHWAYS, BEACH ROAD, KOLLAM-691 001.
WP(C)Nos.11517/2020
& con.cases 37
8 DISTRICT TOWN PLANNER, KOLLAM,
OFFICE OF DISTRICT TOWN PLANNER, MUNICIPAL BUILDING,
CHINNAKKADA, KOLLAM-691 001.
9 PORUVAZHY GRAMA PANCHAYATH,
OFFICE OF PORUVAZHY GRAMA PANCHAAYTH, PORUVAZHY P.O.,
KOLLAM-680 520, REPRESENTED BY ITS SECRETARY.
10 NARAYA ENERGY LTD.,
6B, 6TH FLOOR, NOEL FOCUS, SEAPORT AIRPORT ROAD,
CHITTETHUKARA, CSEZ P.O., PIN-682 037, REPRESENTED BY
ITS MANAGING DIRECTOR.
11 SAINUDEEN.S.,
AGED 56 YEARS
SON OF SULAIMAN RAWTHER, SS NIVAS, PADINJATTOM
KIZHAKKU, SOORANADU P.O., SOORANADU NORTH VILLAGE,
KUNNATHUR TALUK, KOLLAM, PRESENTLY RESIDING AT
PARANKIMAVILAYIL VEEDU, THEKKE MURI, SOORANADU P.O.,
KOLAM-690 522.
BY ADVS.
SRI RAAJESH S.SUBRAHMANIAN
SRI K.SHRIHARI RAO
SRI JOHNSON GOMEZ
MS.SREEDEVI S.
SRI S.BIJU (KIZHAKKANELA)(K/1563/2003)
SRI SANJAY JOHNSON(K/000671/2018)
SRI JOHN GOMEZ(K/2010/2019)
SRI PARSHATHY S.R.(K/2426/2021)
SRI SANJITH JOHNSON(K/988/2021)
SRI MOHAMED SHEHARAN(K/001916/2021)
SRI DINOOP P.D.(K/001454/2021)
SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 38
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 12507 OF 2021
PETITIONER:
MUHAMMED BASHEER P.E.
AGED 48 YEARS
S/O.MUHAMMED, SAFA MANZIL,
KALOTH, KONDOTTY P.O.,
MALAPPURAM DIST.
BY ADVS.
SRI R.SUNIL KUMAR
MS.A.SALINI LAL
RESPONDENTS:
1 THE CENTRAL POLLUTION CONTROL BOARD
EAST ARJUN NAGAR,
NEW DELHI 110 032,
REP. BY ITS DIRECTOR
2 KERALA STATE POLLUTION CONTROL BOARD
REP. BY ITS CHAIRMAN,
PATTOM P.O., THIRUVANANTHAPURAM
695 004
3 ENVIRONMENT ENGINEER
KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE,
MALAPPURAM 695 033
4 THE SECRETARY
KONDOTTY MUNICIPALITY,
KONDOTTY 673 638
5 INDIAN OIL CORPORATION LIMITED
REP. BY ITS DIVISIONAL MANAGER,
KOZHIKODE DIVISIONAL OFFICE, IIND FLOOR,
P.M.K TOWERS CIVIL STATION POST,
WAYANAD ROAD,
KOZHIKODE 673 020
WP(C)Nos.11517/2020
& con.cases 39
BY ADVS.
SRI S.SUJIN
SHRI.K.A.JALEEL, SC, KONDOTTY MUNICIPALITY
SRI M.GOPIKRISHNAN NAMBIAR
SRI K.JOHN MATHAI
SRI JOSON MANAVALAN
SRI KURYAN THOMAS
SRI PAULOSE C. ABRAHAM
SRI RAJA KANNAN
SRI RAAJESH S.SUBRAHMANIAN
SRI T.NAVEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 40
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 12525 OF 2021
PETITIONER:
DIVYASREE P.P,AGED 35 YEARS
D/O. P.P. VIJAYAN, PADINJARE PUTHIYOTTIL POST CHOMBALA,
VATAKARA, KOZHIKODE.
BY ADVS.SRI R.SUNIL KUMAR
MS.A.SALINI LAL
RESPONDENTS:
1 THE CENTRAL POLLUTION CONTROL BOARD
EAST ARJUN NAGAR, NEW DELHI-110 032, REP. BY ITS
DIRECTOR.
2 THE KERALA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS CHAIRMAN, PATTOM P.O,
THIRUVANANTHAPURAM-695 004
3 THE ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,
KOZHIKODE-673 002
4 THE DISTRICT TOWN PLANNER,
DEPARTMENT OF COUNTRY AND TOWN PLANNING, DISTRICT TOWN
PLANNING OFFICE, KURDFC BUILDING, CHAKKORATHUKULAM, WEST
HILL P.O, KOZHIKODE-673 005
5 INDIAN OIL CORPORATION LIMITED,
REP. BY ITS DIVISIONAL MANAGER,
KOZHIKODE DIVISIONAL OFFICE, IIND FLOOR,
P.M.K TOWERS CIVIL STATION POST,
WAYANAD ROAD, KOZHIKODE -673 020
BY ADVS.SRI S.SUJIN
SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,
SRI M.GOPIKRISHNAN NAMBIAR
SRI K.JOHN MATHAI, SRI JOSON MANAVALAN
SRI KURYAN THOMAS, SRI PAULOSE C. ABRAHAM
SRI RAJA KANNAN
SRI RAAJESH S.SUBRAHMANIAN
SRI T.NAVEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE
COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 41
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 17666 OF 2021
PETITIONER:
SHEMEER T.P
AGED 41 YEARS
S/O KUNHIMOITHU, PINARAYI AMSOM, THALASSERY TALUK,
KANNUR
BY ADVS.
MS.A.SALINI LAL
SRI R.SUNIL KUMAR
RESPONDENTS:
1 THE CENTRAL POLLUTION CONTROL BOARD
EAST ARJUN NAGAR,M NEW DELHI-110 032, REP BY ITS
DIRECTOR
2 THE KERALA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS CHAIRMAN, PATTOM
P.O.THIRUVANANTHAPURAM-695 004.
3 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,
KANNUR-670 673.
4 THE DISTRICT TOWN PLANNER,
DEPARTMENT OF COUNTRY AND TOWN PLANNING, DISTRICT TOWN
PLANNING OFFICE, KANNUR-670 673.
5 INDIAN OIL CORPORATION LIMITED,
REP BY ITS CHIEF REGIONAL MANAGER,
KOZHIKODE DIVISIONAL OFFICE, 11ND FLOOR,
P.M.K. TOWERS ,
CIVIL STATION POST, WAYANAD ROAD, KOZHIKODE-673 020.
BY ADVS.
SRI RAAJESH S.SUBRAHMANIAN
SRI M.GOPIKRISHNAN NAMBIAR
SRI K.JOHN MATHAI
SRI JOSON MANAVALAN
SRI KURYAN THOMAS
WP(C)Nos.11517/2020
& con.cases 42
SRI PAULOSE C. ABRAHAM
SRI RAJA KANNAN
SRI T.NAVEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 43
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 17717 OF 2021
PETITIONER:
ARUNKUMAR.P
AGED 51 YEARS
S/O. P. SHANKARAN, KAILASAM,
VILLIKKAL, KOTTAKUNNU, CHEVAYUR, KOZHIKODE
BY ADV SRI V.M.KRISHNAKUMAR
RESPONDENTS:
1 THE CENTRAL POLLUTION CONTROL BOARD
EAST ARJUN NAGAR, NEW DELHI 110 032
REPRESENTED BY ITS DIRECTOR.
2 TKERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN,
PATTOM P.O, THIRUVANANTHAPURAM 695 004
3 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, KOZHIKODE 673 003
4 THE DISTRICT TOWN PLANNER
DEPARTMENT OF COUNTRY AND TOWN PLANNING DISTRICT TOWN
PLANNING OFFICE, KOZHIKODE 673 002
5 INDIAN OIL CORPORATION LIMITED
REPRESENTED BY ITS CHIEF REGIONAL MANAGER,
TRIVANDRUM DIVISIONAL OFFICE, GROUND FLOOR,
PREMIER PARK, INCHAKKAL BYE PASS ROAD,
VALLAKKADAVU P.O,
THIRUVANANTHAPURAM.
BY ADVS.
SRI RAAJESH S.SUBRAHMANIAN
SRI M.GOPIKRISHNAN NAMBIAR
SRI K.JOHN MATHAI
SRI JOSON MANAVALAN
SRI KURYAN THOMAS
SRI PAULOSE C. ABRAHAM
SRI RAJA KANNAN
WP(C)Nos.11517/2020
& con.cases 44
SRI T.NAVEEN
SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 45
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 17752 OF 2021
PETITIONER:
JAMSHEER V.P.
AGED 40 YEARS
S/O MAMMU C.K., KODAMBATTIL,
MURIYANAL, KUNNAMANGALAM, KOZHIKODE.
BY ADVS.
SRI R.SUNIL KUMAR
MS.A.SALINI LAL
RESPONDENTS:
1 CENTRAL POLLUTION CONTROL BOARD
EAST ARJUN NAGAR, NEW DELHI-110032, REPRESENTED BY ITS
DIRECTOR.
2 THE KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN, PATTOM P.O,
THIRUVANANTHAPURAM-695004.
3 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,
KOZHIKODE-673002.
4 THE DISTRICT TOWN PLANNER
DEPARTMENT OF COUNTRY AND TOWN PLANNING, DISTRICT TOWN
PLANNING OFFICE, KOZHIKODE-673002.
5 INDIAN OIL CORPORATION LIMITED
REPRESENTED BY ITS DIVISIONAL MANAGER, KOZHIKODE
DIVISIONAL OFFICE, IIND FLOOR, P.M.K.TOWERS CIVIL
STATION POST, WAYANAD ROAD, KOZHIKODE-673020.
BY ADVS.
SRI RAAJESH S.SUBRAHMANIAN
SRI M.GOPIKRISHNAN NAMBIAR
SRI K.JOHN MATHAI
WP(C)Nos.11517/2020
& con.cases 46
SRI JOSON MANAVALAN
SRI KURYAN THOMAS
SRI PAULOSE C. ABRAHAM
SRI RAJA KANNAN
SRI T.NAVEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 47
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 17758 OF 2021
PETITIONER/S:
RAJESH.O.K
AGED 32 YEARS
S/O. KELU, MAMBETTY, MAKKIYAD, KANJIRANGAD, WAYANAD.
BY ADV SRI R.SUNIL KUMAR MS.A. SALINI LAL
RESPONDENTS:
1 THE CENTRAL POLLUTION CONTROL BOARD
EAST ARJUN NAGAR, NEW DELHI-110 032 REPRESENTED BY ITS
DIRECTOR.
2 THE KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN, PATTOM P.O.,
THIRUVANANTHAPURAM-695 004.
3 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,
MALAPPURAM-676 505.
4 THE DISTRICT TOWN PLANNER
DEPARTMENT OF COUNTRY AND TOWN PLANNING
DISTRICT TOWN PLANNING OFFICE, MALAPPURAM-676 505.
5 INDIAN OIL CORPORATION LIMITED
REPRESENTED BY ITS CHIEF REGIONAL MANAGER, KOZHIKODE
DIVISIONAL OFFICE, IIND FLOOR, P.M.K. TOWERS, CIVIL
STATION POST, WAYANAD ROAD, KOZHIKODE-673 020.
BY ADVS.
SRI RAAJESH S.SUBRAHMANIAN
SRI M.GOPIKRISHNAN NAMBIAR
SRI K.JOHN MATHAI
SRI JOSON MANAVALAN
SRI KURYAN THOMAS
SRI PAULOSE C. ABRAHAM
WP(C)Nos.11517/2020
& con.cases 48
SRI RAJA KANNAN
SRI T.NAVEEN
SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 49
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 17787 OF 2021
PETITIONER:
AYESHA JUMANA MALIGA
AGED 31 YEARS
D/O. IQBAL MALIGA ZAM ZAM MANZIL, POVVAL MULIYAR,
KASARGODE
BY ADVS.
SRI R.SUNIL KUMAR
MS. A.SALINI LAL
RESPONDENTS:
1 THE CENTRAL POLLUTION CONTROL BOARD
EAST ARJUN NAGAR, NEW DELHI 110 032 REPRESENTED BY ITS
DIRECTOR
2 THE KERALA POLLUTION CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN, PATTOM P.O,
THIRUVANANTHAPURAM 695 004
3 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,
KASARGODE 671 315
4 THE DISTRICT TOWN PLANNER
DEPARTMENT OF COUNTRY AND TOWN PLANNING DISTRICT TOWN
PLANNING OFFICE, KASARAGODE 671 121
5 INDIAN OIL CORPORATION
REPRESENTED BY ITS DIVISIONAL MANAGER KOZHIKODE
DIVISIONAL OFFICE, IIND FLOOR, P.M.K TOWERS, CIVIL
STATION POST, WAYANAD ROAD, KOZHIKODE 673 020
BY ADVS.
SRI RAAJESH S.SUBRAHMANIAN
SRI M.GOPIKRISHNAN NAMBIAR
SRI K.JOHN MATHAI
WP(C)Nos.11517/2020
& con.cases 50
SRI JOSON MANAVALAN
SRI KURYAN THOMAS
SRI PAULOSE C. ABRAHAM
SRI RAJA KANNAN SRI T.NAVEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 51
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 20105 OF 2021
PETITIONER:
ASWATH D.,
AGED 37 YEARS
S/O. DASAN K.A., KOOTTUNGALTHARA HOUSE,
PAZHANGAD EAST, EDAVANAKKAD,
VYPIN ISLAND,
ERNAKULAM.
BY ADV SRI R.SUNIL KUMAR
RESPONDENTS:
1 THE CENTRAL POLLUTION CONTROL BOARD,
EAST ARJUN NAGAR, NEW DELHI-110032,
REPRESENTED BY ITS DIRECTOR.
2 THE KERALA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS CHAIRMAN, PATTOM P.O.,
THIRUVANANTHAPURAM-695004.
3 THE ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE,
ALAPPUZHA-688001.
4 THE DISTRICT TOWN PLANNER,
DEPARTMENT OF COUNTRY AND TOWN PLANNING, DISTRICT TOWN
PLANNING OFFICE, ALAPPUZHA-688001.
5 INDIAN OIL CORPORATION LIMITED,
REPRESENTED BY ITS DIVISIONAL MANAGER,
COCHIN DIVISIONAL OFFICE,
PANAMPALLY AVENUE, PANAMPILLY NAGAR,
KOCHI-682036.
BY ADVS. SRI RAAJESH S. SUBRAHMANIAN
SRI T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,
SRI M.GOPIKRISHNAN NAMBIAR
SRI JOHN MATHAI
WP(C)Nos.11517/2020
& con.cases 52
SRI JOSON MANAVALAN
SRI KURYAN THOMAS
SRI PAULOSE C. ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 53
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 20113 OF 2021
PETITIONER:
JACOB JOHN
AGED 50 YEARS, S/O. JOHN,
KURAVANVELIYIL, CMC 18/140,
CHERTHALA, ALAPPUZHA.
BY ADVS.
SRI R.SUNIL KUMAR
MS.A.SALINI LAL
RESPONDENTS:
1 THE CENTRAL POLLUTION CONTROL BOARD
EAST ARJUN NAGAR, NEW DELHI - 110032,
REP. BY ITS DIRECTOR.
2 THE KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN,
PATTOM P. O., THIRUVANANTHAPURAM - 695004.
3 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, ALAPPUZHA - 688001.
4 THE DISTRICT TOWN PLANNER
DEPARTMENT OF COUNTRY AND TOWN PLANNING,
DISTRICT TOWN PLANNING OFFICE, ALAPPUZHA - 688 001.
5 INDIAN OIL CORPORATION LIMITED
REP. BY ITS DIVISIONAL MANAGER,
KOZHIKODE DIVISIONAL OFFICE, II ND FLOOR,
P.M.K. TOWERS CIVIL STATION POST,
WAYANAD ROAD, KOZHIKODE - 673020.
WP(C)Nos.11517/2020
& con.cases 54
BY ADVS.
SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,
SRI M.GOPIKRISHNAN NAMBIAR
SRI K.JOHN MATHAI
SRI JOSON MANAVALAN
SRI KURYAN THOMAS
SRI PAULOSE C. ABRAHAM
SRI RAJA KANNAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 55
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 25770 OF 2021
PETITIONER:
PAULOSE ABRAHAM
AGED 51 YEARS
S/O. ABRAHAM, NJATTUMKALAYIL HOUSE, KADAYIRUPPU,
KOLENCHERRY, ERNAKULAM.
BY ADVS.
SRI R.SUNIL KUMAR
MS.A.SALINI LAL
RESPONDENTS:
1 THE CENTRAL POLLUTION CONTROL BOARD
EAST ARJUN NAGAR, NEW DELHI - 110032, REPRESENTED BY
ITS DIRECTOR.
2 THE KERALA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS CHAIRMAN, PATTOM P.O,
THIRUVANANTHAPURAM - 695004.
3 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,
ERNAKULAM - 683542.
4 THE DISTRICT TOWN PLANNER
DEPARTMENT OF COUNTRY AND TOWN PLANNING, DISTRICT TOWN
PLANNING OFFICE, KAKKANAD, ERNAKULAM - 682030.
5 INDIAN OIL CORPORATION LIMITED,
REPRESENTED BY ITS DIVISIONAL MANAGER, COCHIN
DIVISIONAL OFFICE, PANAMPALLY AVENUE, PANAMPALLY NAGAR,
KOCHI - 682036.
BY ADVS.
SRI RAAJESH S.SUBRAHMANIAN
SRI M.GOPIKRISHNAN NAMBIAR
SRI K.JOHN MATHAI
SRI JOSON MANAVALAN
SRI KURYAN THOMAS
SRI PAULOSE C. ABRAHAM
WP(C)Nos.11517/2020
& con.cases 56
SRI RAJA KANNAN
SRI T.NAVEEN
SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 57
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 3350 OF 2022
PETITIONER:
JOJISON V JACOB
AGED 27 YEARS
S/O V M JACOB, VALIYAPARAMBIL HOUSE, KINATTINGAL
KARULAI, MALAPPURAM.
BY ADVS.
SRI R.SUNIL KUMAR
MS. A.SALINI LAL
SRI ARUN KRISHNA
RESPONDENTS:
1 THE CENTRAL POLLUTION CONTROL BOARD
EAST ARJUN NAGAR, NEW DELHI-110032, REPRESENTED BY ITS
DIRECTOR.
2 THE KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN, PATTOM P O,
THIRUVANANTHAPURAM-695004.
3 THE ENVIRONMENTAL ENGINEER
THE KERALA STATE POLLUTION CONTROL BOARD DISTRICT
OFFICE, MALAPPURAM, PIN-676505.
4 THE DISTRICT TOWN PLANNER
DEPARTMENT OF COUNTRY AND TOWN PLANNING, DISTRICT TOWN
PLANNING OFFICE, MALAPPURAM-676505.
BY ADVS. RAAJESH S.SUBRAHMANIAN
SRI T.NAVEEN
SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 58
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 5963 OF 2022
PETITIONER:
BOBY SEBASTIAN
AGED 42 YEARS
S/O.DEVASIA, VALUVETTICKAL, KELAKAM, PERUMTHANAM,
KANNUR.
BY ADVS.
SRI R.SUNIL KUMAR
MS.A.SALINI LAL
SRI ARUN KRISHNA
RESPONDENTS:
1 CENTRAL POLLUTION CONTROL BOARD
EAST ARJUN NAGAR, NEW DELHI-110032, REPRESENTED BY ITS
DIRECTOR.
2 KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN, PATTOM.P.O,
THIRUVANANTHAPURAM-695004.
3 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,
KANNUR-670012.
4 THE DISTRICT TOWN PLANNER
DEPARTMENT OF COUNTRY AND TOWN PLANNING, DISTRICT TOWN
PLANNING OFFICE, KANNUR-670012.
5 NAYARA ENERGY,
REPRESENTED BY ITS AUTHORISED SIGNATORY,
INFRA FUTURA BUILDING NO:602,
6TH FLOOR,
OPPOSITE TO BHARATH MATA COLLEGE,
SEA-PORT-AIRPORT ROAD, THRIKKAKARA, KAKKANAD,
ERNAKULAM-682021.
WP(C)Nos.11517/2020
& con.cases 59
BY ADV SRI RAAJESH S.SUBRAHMANIAN
SRI T. NAVEEN
SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 60
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 6375 OF 2022
PETITIONER:
DEVARAJAN BHASKARAN
AGED 62 YEARS
S/O BHASKARAN, R/O MANGALASSERI VEEDU, KANJIRAMCODE
CHERRY, MULAVANA VILLAGE, KOLLAM DISTRICT, PIN-691503.
BY ADVS.
SRI M.K.CHANDRA MOHANDAS
SRI HARIKRISHNAN M.S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, ENVIRONMENT
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 CENTRAL POLLUTION CONTROL BOARD.
REPRESENTED BY ITS DIRECTOR, PARIVESH BHAVAN, CBD-CUM-
OFFICE COMPLEX EAST, ARJUN NAGAR, NEW DELHI-110032.
3 KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY THE CHIEF ENVIRONMENTAL ENGINEER, PATTOM
OFFICE, THIRUVANANTHAPURAM-695003.
4 THE ASSISTANT ENVIRONMENT ENGINEER
THE KERALA STATE POLLUTION CONTROL BOARD, USHAS
BUILDING, BIG BAZAR, KOLLAM PIN-691001.
5 THE AIR APPELLATE AUTHORITY
THAMPANOOR, THIRUVANANTHAPURAM-695002 REPRESENTED BY
ITS CHAIRMAN.
6 DEPUTY GENERAL MANAGER (RETAIL SALES)
INDIAN OIL CORPORATION LIMITED, TRIVANDRUM DIVISIONAL
OFFICE, GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS
ROAD, VALLAKKADAVU P O, THIRUVANANTHAPURAM, PIN-695008.
BY ADVS.
SRI M.GOPIKRISHNAN NAMBIAR
SRI K.JOHN MATHAI
SRI JOSON MANAVALAN
SRI KURYAN THOMAS
WP(C)Nos.11517/2020
& con.cases 61
SRI PAULOSE C. ABRAHAM
SRI RAJA KANNAN
SRI T.NAVEEN
SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 62
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 1513 OF 2022
PETITIONERS:
1 SABU K.K.,
AGED 63 YEARS, S/O. KRISHNA PILLAI,
KORASSERIL HOUSE, CHERAI P.O., PIN 683 514.
2 SONY K.K.,
AGED 59 YEARS, S/O. KRISHNA PILLAI,
KORASSERIL HOUSE, CHERAI P.O., PIN 683 514.
3 GOPALAKRISHNAN,
AGED 68 YEARS, S/O. NARAYANAN,
PARAYIL HOUSE, CHERAI P.O. PIN 683 514.
4 MANIBEN BABU,
AGED 58 YEARS, S/O. ARAVINDAN,
NELLIPPARAMBIL HOUSE, CHERAI P.O., PIN 683 514.
5 M.K. VENU,
AGED 63 YEARS, S/O. KRISHNAN KUTTY,
MANGALAPILLY HOUSE, CHERAI P.O., PIN 683 514.
BY ADVS.
SRI ABRAHAM P.GEORGE
SRI PRAKASH KESAVAN
MS.M.SANTHY
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
MINISTRY OF PETROLEUM AND NATURAL GAS,
A-WING, SHASTRI RAJENDRA PRASAD ROAD, 11001,
AZAD BHAWAN RD, IP ESTATE, NEW DELHI, DELHI 110002.
2 DISTRICT COLLECTOR,
ERNAKULAM, OFFICE AT CIVIL STATION,
KAKKANAD, 682 030.
WP(C)Nos.11517/2020
& con.cases 63
3 THE ADDITINAL DISTRICT MAGISTRATE,
ERNAKULAM, OFFICE AT CIVIL STATION,
KAKKKANAD,
682 030.
4 SUPERINTENDENT OF POLICE,
ERNAKULAM RURAL, ALUVA,
OFFICE AT POWER HOUSE JUNCTION,
SUB JAIL RD,
PERIYAR NAGAR,
ALUVA,
KERALA 683 101.
5 REGIONAL FIRE OFFICER,
FIRE AND RESCUE SERVICES,
ERNAKULAM,
KOCHI 682 020.
6 THE TAHASILDAR,
TALUK OFFICE, GROUND FLOOR,
KB JACOB RD, FORT KOCHI,
KOCHI 682 001.
7 PETROLEUM AND EXPOLSIVE SAFETY ORGANIZATION (PESO),
A & D WING, BLOCK 1-8, 2ND FLOOR, SHASTRI BHAVAN,
26 HADDOUS ROD, NUGAMPAKKAM,
CHENNAI 600006.
8 KERALA STATE POLLUTION CONTROL BOARD,
PATTAM P.O.,
THIRUVANANTHAPURAM 695 004.
9 NAYARA ENERGY LTD
(FORMERLY ESSAR OIL LTD),
6TH FLOOR, NOYAL FOCUS,
SEAPORT AIRPORT ROAD, CHITTETHUKARA,
KOCHI 682 037.
10 THEERTHAM FUELS,
OPP. SM HIGH SCHOOL,
MUNAMBAM VYPIN ROAD,
PALLIPPURAM ,
REP. BY ITS MANAGING PARTNER,
SANAL A.S.,
AGED 37 YEARS,
RESIDING AT ALIL BLANGAD P.O.,
KADAPPURMA VILLAGE ,
CHAVAKKAD TALUK,
THRISSUR DISTRICT 680 506.
BY ADVS.
SRI P.R.AJITH KUMAR
MS.SREEDEVI S.
SRI S.BIJU (KIZHAKKANELA)(K/1563/2003)
SRI JOHNSON GOMEZ(K/474/1992)
WP(C)Nos.11517/2020
& con.cases 64
SRI SANJAY JOHNSON(K/000671/2018)
SRI SANJITH JOHNSON(K/988/2021)
SRI JOHN GOMEZ(K/2010/2019)
SRI DINOOP P.D.(K/001454/2021)
SRI MOHAMED SHEHARAN(K/001916/2021)
SRI PARSHATHY S.R.(K/2426/2021)
SRI T.NAVEEN
SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 65
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 1942 OF 2022
PETITIONER:
AYSHA N
AGED 47 YEARS
W/O. ABDUL SALAM K.L, PARAKKUNNAM, PALAKKAD P.O, 678
001 MANAGING PARTNER, MALABAR PETROLEUMS, DOOR
NO.9/682, MAIN ROAD, PATHIRIPPALA,
PALAKKAD DISTRICT, PIN 679 302
BY ADVS.
SRI M.R.ANISON
MS. V.BHARGAVI (PANANGAD)
MS.P.A.RINUSA
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORTE, PALAKKAD 678 001
2 THE ADDITIONAL DISTRICT MAGISTRATE
PALAKKAD 678 001
3 INDIAN OIL CORPORATION LIMITED
REPRESENTED BY ITS DEPUTY GENERAL MANAGER,
COCHIN DIVISIONAL OFFICE, PANAMPILLY AVENUE,
PANAMPILLY NAGAR P.O, KOCHI 682 306
4 THE KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN,
HEAD OFFICE, PATTOM P.O,
THIRUVANANTHAPURAM 695 004
5 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD,
NEAR DISTRICT PANCHAYAT OFFICE,
PALAKKAD - 678 001
BY ADVS.
SRI M.GOPIKRISHNAN NAMBIAR
SRI K.JOHN MATHAI
SRI JOSON MANAVALAN
WP(C)Nos.11517/2020
& con.cases 66
SRI KURYAN THOMAS
SRI PAULOSE C. ABRAHAM
SRI RAJA KANNAN
SRI T.NAVEEN
SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 67
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 4498 OF 2022
PETITIONER:
SHAMMI,
AGED 50 YEARS
RESIDING AT MUKIKADA VEEDU,
VARIKKAMUKKU,
MURIKKUMPUZHA P.O.,
THIRUVANANTHAPURAM 695 302.
BY ADV SRI SHAMMI,(Party-In-Person)
RESPONDENTS:
1 DISTRICT COLLECTOR ,
COLLECTORATE, THIRUVANANTHAPURAM 605 036.
2 MANGALAPURAM PANCHAYATH,
PONTHENCODE MARUKKUMPUZHA ROAD,
MANALAPURAM 695 317,
REP. BY ITS SECRETARY.
3 TAHASILDAR,
TALUK OFFICE, THIRUVANANTHAPURAM 695 302.
4 KERALA STATE POLLUTION CONTROL BOARD,
REP. BY THE ENVIRONMENTAL ENGINEER,
DISTRICT OFFICE, T.C. 12/96 (4.5),
PLAMOODU, PATTOM P.O., THIRUVANANTHAPURAM 695 004.
5 BHARAT PETROLEUM CORPORATION LTD,
REP. BY ITS CHIEF REGIONAL MANAGER,
THIRUVANANTHAPURAM RETAIL REGIONAL OFFICE,
THIRUVANANTHAPURAM 695 004.
6 DISTRICT SUPPLY OFFICER,
CIVIL SUPPLIES DEPARTMENT,
THIRUVANANTHAPURAM 695 004.
WP(C)Nos.11517/2020
& con.cases 68
7 CHIEF ENGINEER,
PWD ROADS DIVISION, PMG JUNCTION,
THIRUVANANTHAPURAM 695 302.
8 REGIONAL FIRE OFFICER,
FIRE AND RESCUE SERVICES,
FIRE FORCE JUNCTION, PULIMOODU P.O.,
THIRUVANANTHAPURAM 695 001.
9 ABDUL RASHEED M.,
AKATHEKADA, MURIKKUMPUZHA P.O.,
THIRUVANANTHAPURAM 695 302.
BY ADVS.
SRI M.GOPIKRISHNAN NAMBIAR
SRI K.JOHN MATHAI
SRI JOSON MANAVALAN
SRI KURYAN THOMAS
SRI PAULOSE C. ABRAHAM
SRI RAJA KANNAN
SRI T.NAVEEN
SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON
26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 69
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 7185 OF 2022
PETITIONER:
SUNITHA M
AGED 45 YEARS, W/O NIZAMUDDIN,
NIZAM MANZIL, KOTTARAKARI,
SASTHAVATTAM P.O., MURUKKUMPUZHA,
THIRUVANANTHAPURAM-695 305.
BY ADV R.S.KALKURA
RESPONDENTS:
1 BHARAT PETROLEUM CORPORATION LTD.
BHAVAN, 4 AND 6 CURRIMBHOY ROAD,
BALLARD ESTATE,
MUMBAI 400 001,
MAHARASHTRA,
REPRESENTED BY ITS MANAGING DIRECTOR
2 TERRITORY MANAGER,
I & C BHARAT PETROLEUM CORP. LTD,
SOUTHERN REGIONAL OFFICE 1,
RANGANATHAN GARDEN,
OFF 11TH MAIN ROAD,
ANN NAGAR, CHENNAI-600 040.
3 TERRITORY MANAGER I & C
BHARAT PETROLEUM CORP LTD,
1ST FLOOR, KOCHI REFINERY MARKETING BUILDING,
AMBALAMUGAL, KERALA-682 303.
WP(C)Nos.11517/2020
& con.cases 70
4 THE KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, THIRUVANANTHAPURAM,
TC 12/96 (4,5) PLAMOODU JUNCTION,
PATTOM P.O.THIRUVANANTHAPURAM-695 004,
REPRESENTED BY ITS ENVIRONMENTAL ENGINEER
5 ABDUL RASHEED,
AKATHEKADA, VARRIKOMMUKKU,
MURUKUMPUZHA P.O., THIRUVANANTHAPURAM-695 302.
BY ADVS.
SRI M.GOPIKRISHNAN NAMBIAR
SRI R.SUNIL KUMAR
SRI K.JOHN MATHAI
SRI JOSON MANAVALAN
SRI KURYAN THOMAS
SRI PAULOSE C. ABRAHAM
SRI RAJA KANNAN
MS.A.SALINI LAL
SRI T.NAVEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE
COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020
& con.cases 71
T.R. RAVI, J.
--------------------------------------------
WP(C)Nos.11517, 12302, 14388, 15500,
15873 & 15917 of 2020, 5928,
6858, 11495, 17601, 18031, 27900 of
2021,WP(C)Nos.10367, 11907, 12880,
15087 & 26321 of 2021,
W.P.(C)Nos. 12507, 12525, 17666,
17717, 17752, 17758, 17787, 20105,
20113 & 25770 of 2021 and 3350, 5963
& 6375 of 2022, W.P(C)Nos.1513, 1942,
4498 & 7185 of 2022
--------------------------------------------
Dated this the 26th day of July, 2023
JUDGMENT
The question that arises in all these writ petitions is regarding the applicability of the circulars issued by the Kerala State Pollution Control Board (KSPCB) with respect to the siting restrictions for establishing a retail petroleum outlet. There are writ petitions challenging the circulars issued by the KSPCB, writ petitions seeking direction to the KSPCB to issue consent to establish, writ petitions seeking directions for issuance of NOC for setting up retail petroleum outlets, and writ petitions against the grant of consent to establish WP(C)Nos.11517/2020 & con.cases 72 and NOC for establishing retail petroleum outlets. The writ petitions are hence heard and disposed of together.
2. The National Green Tribunal (NGT) had directed the Central Pollution Control Board (CPCB) to issue guidelines regarding establishing petroleum outlets. Based on the directions, the CPCB issued guidelines that have been circulated to all the State Pollution Control Boards (SPCB). Several disputes arose regarding the date of implementation of certain conditions and regarding the distance that must be maintained between the outlet and residential houses. After hearing the counsel for the writ petitioners at length, they were taken for orders.
3. Meanwhile, on 23.12.2021, the NGT (South Zone) had issued directions in O.A.No.138 of 2020, making it mandatory to obtain consent to establish and consent to operate from the CPCB/SPCB as a requirement for setting up retail petroleum outlets.
The order dated 23.12.2021 was challenged before the Hon'ble Supreme Court. The Hon'ble Supreme Court, in its judgment dated 14.3.2023 in Indian Oil Corporation v. V.B.R.Menon & Ors.
[(2023) SCC OnLine SC 257], held that even though the NGT can WP(C)Nos.11517/2020 & con.cases 73 issue directions to the CPCB, the impugned direction making it mandatory to obtain consent to establish and consent to operate is not justified. The Hon'ble Supreme Court set aside the directions and held that the existing retail outlets and those to be established in the future need not obtain consent to establish and consent to operate.
The Court held that all that was required was to ensure that the guidelines which had been issued by the CPCB were scrupulously adhered to. The Apex Court had also considered the fact that the retail petroleum outlet is presently categorised under Green Category and is no longer in the "consent management regime."
4. Paragraph 48 of the above judgment is extracted below for reference.
"48. In view of the aforesaid, we dispose of the Civil Appeal No.2039 of 2022 in the following terms: --
(a) The CPCB shall ensure that all the retail petroleum outlets located in different cities having population of more than 10 lakh and having turn over of more than 300 KL/Month shall install the VRS mechanism within the fresh timeline as prescribed in its Circular dated 04.06.2021. To put it in other words, the CPCB shall ensure that the directions issued by the NGT as contained in para.WP(C)Nos.11517/2020 & con.cases 74
69(i) and (ii) of the impugned order is fully complied with. It shall be the legal obligation of all the State Pollution Control Boards to ensure that the directions issued by the NGT in regard to the installation of the VRS mechanism is complied with within the fresh timeline as prescribed by the CPCB.
(b) We set aside the directions issued by the NGT in the impugned order as contained in para 69(iii) and (iv). Instead, we direct the CPCB to instruct all the State Pollution Control Boards to ensure that the guidelines issued by it vide the Office Memorandum dated 07.01.2020 are strictly adhered to. If there is breach of any of the guidelines issued by the CPCB vide Office Memorandum dated 07.01.2020, then the concerned State Pollution Control Board shall proceed against the erring outlet in accordance with law at the earliest."
5. Pursuant to the judgment, the CPCB has addressed the SPCBs and issued Circulars in terms of the judgment. Consequently, the Chairman of the KSPCB has addressed the officers, informing them about the directions and clarifying that the officers are to ensure that the Siting Criteria contained in the Guidelines issued by the CPCB on 7.1.2020 is strictly followed. It is clarified that the requirement to measure the distance from individual residential buildings, as specified in the KSPCB Circular dated 18.8.2020, cannot WP(C)Nos.11517/2020 & con.cases 75 be insisted upon. In view of the subsequent developments, it is no longer necessary to address all the contentions that are raised in these writ petitions. None of the circulars issued by the KSPCB regarding the siting requirements can be insisted upon, and the authorities are required to consider the applications in the light of the judgment of the Hon'ble Supreme Court in IOC(supra).
6. The writ petitions are hence disposed of as follows, in the light of the judgment of the Hon'ble Supreme Court.
W.P(C)No.11517/20207. The petitioners are the existing petroleum retail outlet owners, and they are aggrieved by Ext.P6 NOC dated 14.05.2020 issued by the 2nd respondent in favour of the 7 th respondent for installing the petroleum retail outlet on the landed property owned by the 8th respondent. The petitioners pray to call for the records and quash Ext.P6 NOC dated 14.05.2020, alleging that it was issued ignoring Ext.P2 Government Order and Ext.P4 Circular of KPCB dated 24.02.2020. The 7th respondent has filed a counter affidavit against the averments in the writ petition, and the petitioner has filed a reply to the counter affidavit.
WP(C)Nos.11517/2020 & con.cases 768. In view of the judgment of the Hon'ble Supreme Court in Indian Oil Corporation v. V.B.R.Menon & Ors. reported in [2023 SCC OnLine SC 257], no further directions are called for in this writ petition. The writ petition is disposed of directing respondents 5 and 6 to ensure that the directions issued by the Hon'ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioners to approach the aforesaid respondents pointing out the violation, if any, of the guidelines issued by the CPCB.
W.P(C)No.12302/20209. The petitioners are aggrieved by the commissioning of a petrol pump which is stated to be in violation of the guidelines issued by the CPCB. The prayer is for a direction to stop all constructions for setting up of the petrol pump and to cancel Ext.P7.
10. In view of the law laid down in the judgment of the Hon'ble Supreme Court in Indian Oil Corporation v. V.B.R.Menon & Ors. reported in [2023 SCC OnLine SC 257], the directions sought cannot be granted as such. The writ petition is disposed of directing the 4th respondent to ensure that the directions issued by WP(C)Nos.11517/2020 & con.cases 77 the Hon'ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioners to approach the aforesaid respondents pointing out the violation, if any, of the guidelines issued by the CPCB.
W.P(C)No.14388/202011. The petitioner is aggrieved by the establishment of the petroleum outlet by the 5th respondent. The prayer in the writ petition is for a direction to respondents 1 and 2 to follow the guidelines in Ext.P2 CPCB office memorandum dated 07.01.2020 while issuing the consent to establish and operate from 22.07.2019.
12. In view of the law laid down in the judgment of the Hon'ble Supreme Court in Indian Oil Corporation v. V.B.R.Menon & Ors. reported in [2023 SCC OnLine SC 257], the writ petition is disposed of directing the respondents 1 to 3 to ensure that the directions issued by the Hon'ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioner to approach the aforesaid respondents pointing out the violation if any, of the guidelines issued by the CPCB.
WP(C)Nos.11517/2020 & con.cases 78 W.P.(C) No. 15500/202013. The petitioner is challenging the issuance of NOC to start a petrol pump in the property belonging to the 8 th respondent. The prayer is to quash Exts.P4 and P5 issued by respondents 2 and 7, alleging violation of the guidelines issued by the KSPCB with respect to 50 meters distance from residential buildings.
14. In view of the law laid down in the judgment of the Hon'ble Supreme Court in Indian Oil Corporation v. V.B.R.Menon & Ors. reported in [2023 SCC OnLine SC 257], the directions prayed for cannot be granted as such. The writ petition is disposed of directing the 7th respondent to ensure that the directions issued by the Hon'ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioner to approach the aforesaid respondents pointing out the violation, if any, of the guidelines issued by the CPCB.
W.P.(C) No.15873/202015. The petitioner is aggrieved by the Ext.P1 order issued by the 2nd respondent granting NOC to the 10 th respondent for setting up a petroleum retail outlet and prays for quashing the same. There WP(C)Nos.11517/2020 & con.cases 79 is also a prayer for a declaration that no petroleum outlet can be put up in the property belonging to the 11th respondent.
16. In view of the law laid down in the judgment of the Hon'ble Supreme Court in Indian Oil Corporation v. V.B.R.Menon & Ors. reported in [2023 SCC OnLine SC 257], the directions, as prayed for, cannot be granted. The writ petition is disposed of directing respondents 3 and 4 to ensure that the directions issued by the Hon'ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioner to approach the aforesaid respondents pointing out the violation, if any, of the guidelines issued by the CPCB.
W.P(C)No.15917/202017. The petitioner is aggrieved by the steps taken by the 1 st and 2nd Respondents to issue NOC in favour of the 8 th Respondent to start a petroleum outlet near his house. The prayer is for a direction to Respondents 1 and 2 not to issue NOC to the 8 th Respondent to start a petroleum outlet on the property of the 9 th Respondent and to ensure that the 8th Respondent is following the guidelines issued. In view of the law laid down in the judgment of the Hon'ble Supreme WP(C)Nos.11517/2020 & con.cases 80 Court in Indian Oil Corporation v. V.B.R.Menon & Ors. reported in [2023 SCC OnLine SC 257], the directions prayed for cannot be granted as such. The writ petition is disposed of directing respondents 6 and 7 to ensure that the directions issued by the Hon'ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioner to approach the aforesaid respondents pointing out the violation, if any, of the guidelines issued by the CPCB.
W.P(C)No.5928/202118. The petitioners are challenging the issuance of consent to establish a petroleum outlet to the 3rd respondent and the circulars issued by the KSPCB. In view of the judgment of the Hon'ble Supreme Court in Indian Oil Corporation v. V.B.R.Menon & Ors.
reported in [2023 SCC OnLine SC 257], the directions prayed for cannot be granted as such. The writ petition is disposed of directing respondents 1,2 and 4 to ensure that the directions issued by the Hon'ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the WP(C)Nos.11517/2020 & con.cases 81 petitioners to approach the aforesaid respondents pointing out the violation, if any, of the guidelines issued by the CPCB.
W.P(C)No. 6858/202119. The petitioners, who are residents of the area where the 8th respondent is trying to put up a petroleum outlet, have challenged the same on various grounds. They have challenged the circulars issued by the KSPCB as they are against the guidelines issued by the CPCB. They are also challenging various permits issued by the other authorities to facilitate the setting up of the petroleum outlet.
20. In view of the judgment of the Hon'ble Supreme Court in Indian Oil Corporation v. V.B.R.Menon & Ors. reported in [2023 SCC OnLine SC 257], it is not necessary to consider all the issues raised in the writ petition. The writ petition is disposed of directing respondents 4 and 5 to ensure that the directions issued by the Hon'ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioners to approach the aforesaid respondents pointing out the violation, if any, of the guidelines issued by the CPCB.
WP(C)Nos.11517/2020 & con.cases 82 WP(C)No.11495/202121. The petitioner is aggrieved by the establishment of a petrol pump in the neighbouring property by respondents 8 and 9.
The prayer is to quash Ext.P11 order issued by the 3 rd respondent and to direct respondents 1 to 7 not to allow respondents 8 and 9 to put up the petrol pump. There is also a prayer to quash Ext.P18 circular issued by the KSPCB.
22. In view of the judgment of the Hon'ble Supreme Court in Indian Oil Corporation v. V.B.R.Menon & Ors. reported in [2023 SCC OnLine SC 257], the directions prayed for cannot be granted as such. The writ petition is disposed of directing respondents 1,2, and 4 to ensure that the directions issued by the Hon'ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioners to approach the aforesaid respondents pointing out the violation, if any, of the guidelines issued by the CPCB.
W.P.(C)No. 17601/202123. The prayer in the writ petition is for a direction to the 1 st respondent to stop all construction activities in Sy.No.141/3P of WP(C)Nos.11517/2020 & con.cases 83 Veluthur Village of Thrissur Taluk and for a direction to respondents 2 and 3 to prevent the 1st respondent from proceeding with the construction of the petroleum retail outlet in the above said land in violation of the new siting criteria as per Ext.P4. Ext.P4 is the office memorandum dated 7.1.2020, whereby the CPCB has laid down guidelines.
24. In view of the law laid down in the judgment of the Hon'ble Supreme Court in Indian Oil Corporation v. V.B.R.Menon & Ors. reported in [2023 SCC OnLine SC 257], the directions prayed for cannot be granted as such. The writ petition is disposed of directing respondents 4 and 5 to ensure that the directions issued by the Hon'ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioner to approach the aforesaid respondents pointing out the violation if any, of the guidelines issued by the CPCB.
W.P.(C)No.18031/202125. The prayer in the writ petition is for a direction to the 4 th respondent to consider Ext.P2 application and issue a No Objection WP(C)Nos.11517/2020 & con.cases 84 Certificate to the 5th respondent, without insisting to comply with the norms in IRC-12-2016 and Exts.P4 and P5 Government Orders.
26. In view of the judgment in IOC (supra), which lays down the guidelines that are to be followed for the purpose, this writ petition is disposed of directing the 4 th respondent to consider Ext.P2 application in the light of the judgment of the Hon'ble Supreme Court in IOC (supra) and pass orders within one month from the date of receipt of a copy of this judgment.
W.P.(C)No. 27900/202127. The prayer in the writ petition is for a direction to respondents 3 and 4 not to issue consent to operate to the 5 th respondent and for a direction to the 1 st respondent to pass final orders on Ext.P9 appeal. Ext.P9 is an appeal preferred before the Water Act Appellate Authority challenging the consent granted by the KSPCB.
28. In view of the law laid down in the judgment of the Hon'ble Supreme Court in Indian Oil Corporation v. V.B.R.Menon & Ors. reported in [2023 SCC OnLine SC 257], the directions WP(C)Nos.11517/2020 & con.cases 85 prayed for cannot be granted as such. The writ petition is disposed of directing respondents 2, 3 and 4 to ensure that the directions issued by the Hon'ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioner to approach the aforesaid respondents pointing out the violation if any, of the guidelines issued by the CPCB. The appeal preferred by the petitioner as Ext.P9 may no longer be relevant in view of the judgment in IOC (supra), wherein it has been held that there is no necessity to obtain consent to establish and consent to operate.
WP(C)Nos. 10367, 11907, 12880, 15087 & 26321/2021
29. W.P.(C)Nos.10367/2021, 11907/2021, 15087/2021, and 26321/2021 are filed by the same petitioner Mr. M.Sainudheen, challenging the proposal to issue a No Objection Certificate to the petitioner in W.P.(C)No.12880 of 2021 for starting a petroleum retail outlet. The first writ petition, W.P.(C)No.10367/2021, was filed praying for a direction to respondents 5 and 6 to recall Ext.P4 consent granted to the 7th respondent in the said writ petition to establish a petroleum outlet. There is also a prayer for a direction to WP(C)Nos.11517/2020 & con.cases 86 the KSPCB to issue a Circular in accordance with the memorandum dated 29.1.2021 and based on Ext.P6 guidelines issued by the CPCB and to ensure that Ext.P4 consent issued is not used to obtain a permit to construct petroleum outlet.
30. The petitioner thereafter filed W.P.(C)No.11907/2021 wherein the prayer is to quash Ext.P7 Circular dated 21.4.2021 issued by the KSPCB and for other reliefs. Sri S.Sainudeen, who had been granted the consent, thereafter filed W.P(C)No.12880/2021 praying to quash Exts.P7 and P8 issued by the 2 nd and 4th respondents asking him to stop construction activities for setting up a petroleum outlet. This was followed by another writ petition by Sri M.Sainudheen as W.P.(C)No.15087/2021 praying to quash Exts.P2 and P5 therein, which are the building permit and order issued by the District Town Planner in favour of the petitioner in W.P. (C)No.12880/2021. The said M.Sainudheen has preferred yet another writ petition as W.P.(C)No.26321/2021, wherein the prayer is for direction to the 6th respondent to ensure that no NOC is obtained by the petitioner in W.P.(C)No.12880/2021 in violation of the guidelines issued by the CPCB as per Exts.P2 and P3. It is WP(C)Nos.11517/2020 & con.cases 87 unnecessary to go into the entire dispute in view of the law laid down by the Hon'ble Supreme Court in Indian Oil Corporation v.
V.B.R.Menon & Ors. [2023 SCC OnLine SC 257], whereby the Hon'ble Supreme Court has held that there is no requirement to obtain consent from the Pollution Control Board, and all that is necessary is to ensure that the guidelines issued by the CPCB are scrupulously followed.
31. These writ petitions are hence disposed of, directing the 2nd respondent in W.P.(C)No.12880/2021 to consider whether the NOC granted on 28.10.2013 requires any reconsideration in the light of the judgment in IOC (supra) and the judgment inter partes, in accordance with the law, and if such reconsideration is necessary, the same shall be after hearing the petitioners and all other affected parties.
W.P.(C)Nos. 12507/2021, 12525/2021, 17666/2021, 17717/2021, 17752/2021, 17758/2021, 17787/2021, 20105/2021, 20113/2021, 25770/2021, 3350/2022, 5963/2022 & 6375/2022.
32. The petitioners in all these cases are aggrieved by the refusal to consider their application for consent to establish by the KSPCB authorities since they do not adhere to the circulars issued by WP(C)Nos.11517/2020 & con.cases 88 the KSPCB. The petitioners pray for quashing the circulars issued by the KSPCB. In view of the judgment of the Apex Court referred to above, the respondents' stand in these cases is not justified.
33. The writ petitions are hence disposed of, directing the concerned officer of the KSPCB to consider the request of the petitioners in the light of the judgment in IOC (supra) and the consequential circulars and directions issued by the CPCB and KSPCB and pass orders within three weeks from the date of receipt of a copy of this judgment.
W.P.(C)No. 1513/202234. The prayer in the writ petition is to quash Ext.P9 issued by the 3rd respondent. Ext.P9 is the NOC issued by the 3 rd respondent for setting up a petroleum retail outlet.
35. In view of the law laid down in the judgment of the Hon'ble Supreme Court in Indian Oil Corporation v. V.B.R.Menon & Ors. reported in [2023 SCC OnLine SC 257], the directions prayed for cannot be granted as such. The writ petition is disposed of directing the 8th respondent to ensure that the directions issued by WP(C)Nos.11517/2020 & con.cases 89 the Hon'ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioner to approach the aforesaid respondents pointing out the violation, if any, of the guidelines issued by the CPCB.
W.P(C)No.1942/202236. The petitioner was issued with Ext.P1 letter of intent by the 3rd respondent for starting a petroleum outlet. The 3rd respondent applied for NOC to the 2nd respondent. The application for integrated consent submitted to the KSPCB was rejected as per Ext.P6. Consequently, the request for NOC was rejected by the 2 nd respondent for failure to produce integrated consent from the 5 th respondent. The petitioner prays to quash the circulars issued by the KSPCB and for a direction to issue consent to establish. There is also a prayer to quash Ext.P14 order of the 2nd respondent rejecting NOC.
None of the circulars issued by the KSPCB regarding the siting requirements can be insisted upon in view of the judgment of the Hon'ble Supreme Court in IOC (supra). The Hon'ble Supreme Court has also held that there was no requirement to obtain consent from the KSPCB.
WP(C)Nos.11517/2020 & con.cases 9037. The petitioner is entitled to succeed in this writ petition.
Exts.P6 and P14 orders issued by the 5th respondent and the 2nd respondent, respectively, are quashed. The writ petition is disposed of directing the 2nd respondent to reconsider the application for NOC, in the light of the judgment of the Hon'ble Supreme Court in IOC (supra) and pass fresh orders in accordance with law, within one month from the date of receipt of a copy of this judgment.
W.P.(C)No. 4498/202238. The prayer in the writ petition is for a direction to the 2nd respondent to consider Ext.P5 representation and a further direction to the 2nd respondent not to issue NOC for starting a petrol pump without obtaining consent from the petitioner. The issue relates to the setting up of a petrol pump very near the residential house of the petitioner.
39. In view of the law laid down in the judgment of the Hon'ble Supreme Court in Indian Oil Corporation v.
V.B.R.Menon & Ors. reported in [2023 SCC OnLine SC 257], the directions prayed for cannot be granted as such. The writ WP(C)Nos.11517/2020 & con.cases 91 petition is disposed of directing the 4 th respondent to ensure that the directions issued by the Hon'ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioner to approach the aforesaid respondents pointing out the violation, if any, of the guidelines issued by the CPCB.
W.P.(C)No.7185/202240. The prayer in the writ petition is for a direction to the 4th respondent to see that Ext.P4 Circular is strictly complied with regarding the installation and commencement of the retail outlet of the 1st respondent by the 5th respondent. Ext.P4 is the Circular dated 24.2.2020 issued by the KSPCB.
41. In view of the law laid down in the judgment of the Hon'ble Supreme Court in Indian Oil Corporation v.
V.B.R.Menon & Ors. reported in [2023 SCC OnLine SC 257], the directions prayed for cannot be granted as such. The writ petition is disposed of directing the 4 th respondent to ensure that the directions issued by the Hon'ble Supreme Court in paragraph WP(C)Nos.11517/2020 & con.cases 92 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioner to approach the aforesaid respondents pointing out the violation, if any, of the guidelines issued by the CPCB.
Sd/--
T.R. RAVI JUDGE dsn WP(C)Nos.11517/2020 & con.cases 93 APPENDIX OF WP(C) 11517/2020 PETITIONER EXHIBITS EXHIBIT P1 THE COPY OF THE JUDGMENT IN WP(C) NO.33937/2019 DATED 19.12.2019.
EXHIBIT P2 THE AFORESAID GOVERNMENT ORDER NO.16/2020/PWD DATED 10.02.2020.
EXHIBIT P3 THE COPY OF THE JUDGMENT IN W.A.NO.172/2020 DATED 05.03.2020.
EXHIBIT P4 THE COPY OF THE CIRCULAR ISSUED BY THE 6TH RESPONDENT DATED 24.02.2020.
EXHIBIT P5 THE COPY OF THE COMMUNICATION DATED 09.01.2020 OF THE 3RD RESPONDENT TO THE 1ST RESPONDENT. EXHIBIT P6 THE COPY OF THE NO OBJECTION CERTIFICATE SO ISSUED BY THE 2ND RESPONDENT IN FAVOR OF THE 7TH RESPONDENT DATED 14.05.2020.
EXHIBIT P7 THE COPY OF THE INFORMATION CONVEYED BY DEPUTY DIRECTOR OF INDIAN ROAD CONGRESS DATED 01/07/2020. EXHIBIT P8 THE COPY OF THE COMMUNICATION DATED 27/02/2020 ISSUED BY BHARATH PETROLEUM CORPORATION LIMITED.
WP(C)Nos.11517/2020 & con.cases 94APPENDIX OF WP(C) 12302/2020 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE ORDER IN O.A.NO.86/2019 DATED 18/01/2019.
EXHIBIT P2 THE TRUE COPY OF THE GUIDELINES DT.07/01/2020 ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD. EXHIBIT P3 THE TRUE COPY OF THE ORDER IN NO.PCB/HO/HOW/RULES9/7/2019 DATED 24/02/2020. EXHIBIT P4 THE TRUE COPY OF COMPLAINTS FILED BY THE PETITIONERS ON 26/02/2020 BEFORE THE 1ST AND 4TH RESPONDENTS.
EXHIBIT P5 THE TRUE COPY OF THE RECEIPTS ON 26/02/2020 ISSUED BY THE 1ST AND 4TH RESPONDENTS.
EXHIBIT P6 THE TRUE COPY OF THE COMMISSION REPORT FILED IN IA NO.6/2020 ON 02/06/2020 BEFORE THE MUNSIFF'S COURT, ALUVA IN OS NO.131/2020.
EXHIBIT P7 THE TRUE COPY OF THE FILE NO.PCB/EKM/DO-1/OA-
492/19 OF TE 4TH RESPONDENT DATED 08/03/2020. EXHIBIT P8 THE TRUE COPY OF THE FILE NO.DCEKM/3990/2019-M4 DATED 02/09/2019.
EXHIBIT P9 THE TRUE COPY OF ORDER NO.TCPEKM/4/2020/C DATED 18/02/2020 ISSUED BY THE 5TH RESPONDENT. EXHIBIT P10 TRUE COPY OF PLAINT IN OS No.131/2020 IN THE MINSIFF'S COURT, ALUVA.
EXHIBIT P11 TRUE COPY OF COMMISSION REPORT FILED IN IA.2/2020 ON 19.3.2020 BEFORE THE MUNSIFF'S COURT, ALUVA IN OS.131/2020.
EXHIBIT P12 TRUE COPY OF ORDER IN AN INJUNCTION PETITION HAVING IA 1/2020 IN OS No.131/2020 ON 10.6.2020 BEFORE THE MUNSIFF'S COURT COURT, ALUVA.
RESPONDENTS'EXTS:
EXHIBIT R6(A): A TRUE COPY OF I.A. NO.1/2020 IN O.S.NO.131/2020 DATED 06.03.2020.
EXHIBIT R6(B): A TRUE COPY OF THE PLAINT IN O.S. NO. 131/2020 DATED 06.03.2020.WP(C)Nos.11517/2020 & con.cases 95
EXHIBIT R6(C): A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 8 RESPONDENT IN I.A. NO. 1/2020 IN O.S. NO.
131/2020 DATED 20.03.2020.
EXHIBIT R6(D): A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 7TH RESPONDENT IN L.A. NO. 1/2020 IN O.S. NO. 131/2020 DATED 01.06.2020.
EXHIBIT R6(E): A TRUE COPY OF THE ORDER DATED 10.06.2020 IN I.A. NO. 1 OF 2020 IN O.S. NO. 131/2020 BY THE HON'BLE COURT OF THE MUNSIFF, ALUVA.
EXHIBIT R6(F): A TRUE COPY OF THE CIRCULAR DATED 24.02.2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.
EXT.R6(A) TO (J) - (ADOPTED FROM COUNTER AFFIDAVIT IN WPC 11907/21) EXT.R6(A): TRUE COPY OF THE RELEVANT PAGES OF THE CIRCULAR NO.PCB/T4/115/97 DATED 17-3-2017 ISSUED BY THE BOARD.
EXT.R6(B): TRUE COPY OF THE CIRCULAR NO.PCB/TAC/ 18/2004 DATED 9-8-2004 ISSUED BY THE BOARD.
EXT.R6(C): TRUE COPY OF THE ORDER DATED 22-7-2019 IN O.A. NOS. 31/2019 AND 86/2019 OF THE HON'BLE NGT. EXT.R6(D): TRUE COPY OF THE OFFICE MEMORANDUM NO. B-
13011/1/2019-20/AQM/10802-10847 DATED 7- 1-2020 ISSUED BY THE CPCB.
EXT.R6(E): TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/RULES9/7/2019 DATED 24-2- 2020 ISSUED BY THE BOARD.
EXT.R6(F): TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/ RULES 9/7/2019 DATED 18-08-2020 ISSUED BY THE BOARD. EXT.R6(G): TRUE COPY OF THE OFFICE MEMORANDUM NO.B-
13011/1/2020-21/AQM DATED 29-1-2021 ISSUED BY THE CPCB.
EXT.R6(H): TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/ RULES9/7/2019 DATED 4-2-2021 ISSUED BY THE BOARD. EXT.R6(I): TRUE COPY OF THE CIRCULAR NO. PCB/HO/HOW/ RULES 9/7/2019 DATED 21-4-2021 ISSUED BY THE BOARD. EXT.R6(J): TRUE COPY OF THE ERRATUM NO.PCB/HO/HOW/RULES9/7/2019 DATED 28-5- 2021 ISSUED BY THE BOARD.
WP(C)Nos.11517/2020 & con.cases 96APPENDIX OF WP(C) 14388/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE ORDER OF NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI IN OS NO.31 OF 2019 AND OA NO.86/2019 DT.22.7.2019.
EXHIBIT P2 OFFICE MEMORANDUM NO.B-13011/1/2019-20/AQM, DATED 07.01.2020 ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE CONSENT TO ESTABLISH ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT DATED 06.02.2020 EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE LETTER SENT BY THE TAHASILDAR, KUTTANAD TO REVENUE DIVISIONAL OFFICER,ALAPUZHA, DATED 19.11.2019 EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE REPRESENTATION MADE BY THESE PETITIONERS AND OTHERS TO THE 2ND RESPONDENT, ALONG WITH THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 3.3.2020 EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE REPRESENTATION MADE BY THESE PETITIONERS AND OTHERS TO THE 2ND RESPONDENT DT.30.4.2020 EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE JUDGMENT OF THIS HON'BLE HIGH COURT IN WP(C) NO.10129 OF 2020 EXHIBIT P8 WRITTEN SUBMISSION MADE BEFORE THE 2ND RESPONDENT DT.7.7.2020 EXHIBIT P9 TRUE PHOTOSTAT COPY OF THE CIRCULAR NO PCB/HO/HOW /RULES 9/7/2019,ISSUED BY THE 1ST RESPONDENT DATED 24.02.2020 EXHIBIT P10 MINUTES OF THE MEETING HELD ON 07.07.2020 EXHIBIT P11 TRUE PHOTOSTAT COPY OF THE FAIR VALUE OF THE LAND DETERMINED, ASSESSED IN THE WEBSITE OF LOCAL SELF GOVERNMENT,<https://lgr.kerala.in/index.php/l ogin/index> EXHIBIT P12 TRUE PHOTOSTAT COPY OF THE CIRCULAR NO.PCB/HO/HOW/SULES9/7/2019 DT.4.2.2021 ISSUED BY THE 1ST RESPONDENT.
RESPONDENT EXHIBITS EXHIBIT R4 A THE TRUE COPY OF THE CIRCULAR OF THE 1ST RESPONDENT DATED 24.02.2020 EXHIBIT R4 B THE TRUE COPY OF THE CIRCULAR OF THE 1ST WP(C)Nos.11517/2020 & con.cases 97 RESPONDENT DATED 18.08.2020 EXHIBIT R4 C TRUE COPY OF THE NO OBJECTION CERTIFICATE BY DEPARTMENT OF FIRE AND SAFETY DATED 25.07.2019 EXHIBIT R4 D TRUE COPY OF THE NO OBJECTION CERTIFICATE OF THE ADDITIONAL DISTRICT MAGISTRATE ALAPPUZHA DATED 21.12.2019 EXHIBIT R4 E TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT DATED 04.11.2019 EXHIBIT R4 F TRUE COPY OF THE REPORT OF THE REVENUE DIVISIONAL OFFICER DATED 23.11.2019 EXHIBIT R4(G):- TRUE COPY OF THE RELAVANT PORTION OF THE CIRCULAR NO. PCB/T4/115/97 OF THE KERALA STATE POLLUTION CONTROL BOARD DATED 14.08.2006 EXHIBIT R4(H):- TRUE COPY OF THE CIRCULAR ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 21.04.2021 EXHIBIT R4(I):- TRUE COPY OF THE ERRATUM DATED 28.05.2021 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD EXHIBIT R4(J):- TRUE COPY OF THE LETTER OF DISTRICT TOWN PLANNER, ALAPPUZHA DATED 05.08.2020 EXHIBIT R4(K):- TRUE COPY OF THE GOVERNMENT ORDER PERTAINING TO THE RESIDENTIAL ZONE OF KOCHI CITY G.O. (MS) 63/2016/LSGD DATED 21.05.2016 EXHIBIT R1(A) TRUE COPY OF THE RELEVANT PAGES OF THE CIRCULAR DATED 17.3.2017 ISSUED BY THE BOARD EXHIBIT R1(B) TRUE COPY OF THE CIRCULAR DATED 9.8.2004 ISSUED BY THE BOARD EXHIBIT R1(C) TRUE COPY OF THE CIRCULAR DATED 18.8.2020 ISSUED BY THE BOARD EXHIBIT R1(D) TRUE COPY OF THE DIRECTION ISSUED AS PER COMMUNICATION DATED 3.4.2020 TO THE UNIT EXHIBIT R1(E) TRUE COPY OF THE MINUTES OF THE MEETING DATED 7.7.2020 EXHIBIT R1(F) TRUE COPY OF THE CONSENT VARIATION ORDER DATED 24.7.2020 ISSUED BY THE BOARD Exhibit R4 G TRUE COPY OF THE JUDGMENT IN APPEAL (produced a/w NOS.03/2021, 04/2021, 05/2021 AND 06/2021 OF addl.counter AIR AND WATER APPELLATE AUTHORITY DATED affidavit) 07/01/2022 WP(C)Nos.11517/2020 & con.cases 98 APPENDIX OF WP(C) 15500/2020 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE CIRCULAR ISSUED BY THE KERALA POLLUTION CONTROL BOARD DATED 24.02.2020. EXHIBIT P2 A TRUE COPY OF THE OBJECTIONS SUBMITTED TO THE PETITIONER DATED 06.01.2020.
EXHIBIT P3 A TRUE COPY OF JUDGMENT DATED 03.06.2020 IN WPC NO.10873/2020.
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 15.07.2020 BY THE 2ND RESPONDENT AND THE COPY OF THE NO OBJECTION CERTIFICATE.
EXHIBIT P5 A TRUE COPY OF THE CONSENT TO ESTABLISH ISSUED BY THE 7TH RESPONDENT DATED 6.2.2020.
EXHIBIT P6 A TRUE COPY OF THE OBJECTION/REPRESENTATION DATED 24.07.2020 PREFERRED BY THE PETITIONER TO THE 7TH RESPONDENT.
EXT.PRODUCED ALONG WITH IA.1/2020 EXHIBIT P6 A TRUE COPY OF THE GUIDELINES ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD DT.7.1.2020.
EXT.R6(A) TO (J) - ADOPTED FROM COUNTER AFFIDAVIT IN WPC 11907/21 EXT.R6(A): TRUE COPY OF THE RELEVANT PAGES OF THE CIRCULAR NO.PCB/T4/115/97 DATED 17-3-2017 ISSUED BY THE BOARD.
EXT.R6(B): TRUE COPY OF THE CIRCULAR NO.PCB/TAC/ 18/2004 DATED 9-8-2004 ISSUED BY THE BOARD.
EXT.R6(C): TRUE COPY OF THE ORDER DATED 22-7-2019 IN O.A. NOS.
31/2019 AND 86/2019 OF THE HON'BLE NGT. EXT.R6(D): TRUE COPY OF THE OFFICE MEMORANDUM NO. B-
13011/1/2019-20/AQM/10802-10847 DATED 7- 1-2020 ISSUED BY THE CPCB.
EXT.R6(E): TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/RULES9/7/2019 DATED 24-2- 2020 ISSUED BY THE BOARD.
EXT.R6(F): TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/ RULES 9/7/2019 DATED 18-08-2020 ISSUED BY THE BOARD. EXT.R6(G): TRUE COPY OF THE OFFICE MEMORANDUM NO.B-
13011/1/2020-21/AQM DATED 29-1-2021 ISSUED BY THE CPCB.
EXT.R6(H): TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/ RULES9/7/2019 DATED 4-2-2021 ISSUED BY THE BOARD.
WP(C)Nos.11517/2020 & con.cases 99EXT.R6(I): TRUE COPY OF THE CIRCULAR NO. PCB/HO/HOW/ RULES 9/7/2019 DATED 21-4-2021 ISSUED BY THE BOARD. EXT.R6(J): TRUE COPY OF THE ERRATUM NO.PCB/HO/HOW/RULES9/7/2019 DATED 28-5- 2021 ISSUED BY THE BOARD.
WP(C)Nos.11517/2020 & con.cases 100APPENDIX OF WP(C) 15873/2020 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE PHOTOCOPY OF THE PROCEEDINGS DATED 21.02.2020 OF THE SECOND RESPONDENT. EXHIBIT P2 THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 03.06.2019 SUBMITTED BEFORE THE THIRTEENTH RESPONDENT.
EXHIBIT P3 THE TRUE PHOTOCOPY OF THE ACKNOWLEDGEMENT/RECEIPT ISSUED BY THIS REGARD BY THE THIRTEENTH RESPONDENT.
EXHIBIT P4 THE TRUE PHOTOCOPY OF THE AFORESAID REPRESENTATION PREFERRED ON BEHALF OF THE PETITIONER.
EXHIBIT P5 THE TRUE PHOTOCOPY OF THE WRITTEN REPRESENTATION DATED 04.03.2020 PREFERRED BY THE PETITIONER. EXHIBIT P6 THE TRUE PHOTOCOPY OF THE ACKNOWLEDGEMENT/RECEIPT ISSUED BY THE THIRTEENTH RESPONDENT WITH RECEIPT TO EXHIBIT P5.
EXHIBIT P7 THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 19.03.2020 PREFERRED BY THE PETITIONER WITH COPY TO THE CHIEF ENVIRONMENT ENGINEER, KOZHIKKODE, SENIOR ENVIRONMENTAL ENGINEER, ERNAKULAM AND THE ENVIRONMENTAL ENGINEER, MALAPPURAM. EXHIBIT P8 THE TRUE PHOTOCOPY OF THE POSTAL RECEIPT WITH RESPECT TO EXHIBIT P7 ISSUED BY THE CHAIRMAN, KERALA STATE POLLUTION CONTROL BOARD. EXHIBIT P9 THE TRUE PHOTOCOPY OF THE POSTAL RECEIPT WITH RESPECT TO EXHIBIT P7 ISSUED BY THE CHIEF ENVIRONMENTAL OFFICER, KOZHIKKODE. EXHIBIT P10 THE TRUE PHOTOCOPY OF THE POSTAL RECEIPT WITH RESPECT TO EXHIBIT P7 ISSUED BY THE SENIOR ENVIRONMENT ENGINEER, ERNAKULAM.
EXHIBIT P11 THE TRUE PHOTOCOPY OF THE ACKNOWLEDGEMENT CARD ON BEHALF OF THE ENVIRONMENTAL ENGINEER, MALAPPURAM. EXHIBIT P12 THE TRUE PHOTOCOPY OF THE OFFICE MEMORANDUM B-
13011/1/2019-20/AQM DATED 07.01.2020 ISSUED BY THE THIRD RESPONDENT.
EXHIBIT P13 THE TRUE PHOTOCOPY OF THE AFORESAID CIRCULAR NO .
PCB/H/SCW/RULES9/7/2019 DATED 27.02.2020 OF THE THIRD RESPONDENT.
RESPONDENT EXHIBITS EXHIBIT R11(1) TRUE COPY OF THE REPORT OF DISTRICT MEDICAL WP(C)Nos.11517/2020 & con.cases 101 OFFICER, MALAPPURAM DATED 22/6/2019 EXHIBIT R11(2) TRUE COPY OF THE REPORT OF EXECUTIVE ENGINEER, PWD, MANJERI DATED 26/6/2019 EXHIBIT R11(3) TRUE COPY OF THE NOC FROM FIRE AND RESCUE OFFICER, PALAKKAD DATED11/7/2019 EXHIBIT R11(4) TRUE COPY OF THE APPROVAL FROM THE PETROLEUM & EXPLOSIVES SAFETY 917/9/2019 ORGANISATION (PESO) CHENNAI DATED 15/10/2019 EXHIBIT R11(5) TRUE COPY OF THE REPORT OF DISTRICT SUPPLY OFFICER, MALAPPURAM DATED 22/11/2019 EXHIBIT R11(6) TRUE COPY OF THE PROCEEDINGS OF ADM, MALAPPURAM DATED 21/2/2020 EXHIBIT R11(7) TRUE COPY OF THE NOCFROM ADM, MALAPPURAM DT.21.2.2020.
Exhibit R11(8) TRUE COPY OF THE PROCEEDINGS OF THE TOWN PLANNING COMMISSIONER, MALAPPURAM DATED 15/10/2020 RESPONDENT EXHIBITS Exhibit R11(9) TRUE COPY OF THE RELEVANT PAGES OF THE CONSENT TO ESTABLISH BY KERALA STATE POLLUTION BOARD DATED 05/10/2020 TO 29/09/2025 Exhibit R11(10) TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT ISSUED BY VAZHIKADAVU FRAMA PANCHAYATH DATED 22/01/2021 Exhibit R11(11) TRUE COPY OF THE LICENCE ISSUED BY PESO DATED 24/02/2021 VALID TILL 31/12/2023 Exhibit R11(12) TRUE COPY OF THE RELEVANT PAGES OF THE CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION BOARD DATED 02/02/2022 TILL 31/12/2026 Exhibit R11(13) TRUE COPY OF THE NO FROM FIRE AND RESCUE OFFICER, PALAKKAD DATED 24/02/2022 Exhibit R11(14) TRUE COPY OF THE LICENCE ISSUED BY VAZHIKKADAVU GRAMA PANCHAYATH DATED 01/04/2022-31/3/2023 EXHIBIT R11(15) TRUE COPY OF GST REGISTRATION CERTIFICATE DT.5.4.22 ISSUED BY GOVT.OF INDIA.
WP(C)Nos.11517/2020 & con.cases 102APPENDIX OF WP(C) 15917/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE GOVERNMENT ORDER NO.
16/2020/PWD DATED 10.02.2020.
EXHIBIT P2 THE COPY OF THE CIRCULAR ISSUED BY THE 7TH RESPONDENT DATED 24.02.2020.
EXHIBIT P3 THE COPY OF THE SKETCH SHOWING THE LIE AND LOCATION OF THE SITE OF THE 9TH RESPONDENT AND THE INTERSECTION ROAD NEAR TO SAME. EXHIBIT P4 THE COPY OF THE ORDER OF THE GREEN TRIBUNAL IN OA NO. 39/2019 DATED 22.07.2019.
EXHIBIT P5 THE COPY OF WRITTEN OBJECTION FILED BY THE PETITIONER BEFORE 1ST AND 2ND RESPONDENTS DATED 03.08.2020.
EXHIBIT P6 THE COPY OF THE POSTAL RECEIPT OF THE REGISTERED LETTERS SENT TO THE 1ST AND 2ND RESPONDENTS.
WP(C)Nos.11517/2020 & con.cases 103APPENDIX OF WP(C) 5928/2021 PETITIONER EXHIBITS EXHIBIT P1 A TRUE PHOTOCOPY OF THE ORDER DATED 18.01.2019 PASSED BY THE PRINCIPAL BENCH OF THE HON'BLE NATIONAL GREEN TRIBUNAL , NEW DELHI IN OA NO. 86 OF 2019 EXHIBIT P2 A TRUE PHOTOCOPY OF THE OFFICE MEMORANDUM DATED 07.01.2020 ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD EXHIBIT P3 A TRUE PHOTOCOPY OF THE CONSENT TO ESTABLISH DATED 13.01.2020 GRANTED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT EXHIBIT P4 A TRUE PHOTOCOPY OF THE CIRCULAR DATED 24.02.2020 ISSUED BY THE 1ST RESPONDENT EXHIBIT P5 A TRUE PHOTOCOPY OF THE CIRCULAR DATED 18.08.2020 ISSUED BY THE 1ST RESPONDENT EXHIBIT P6 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 12.11.2020 PASSED BY THE HON'BLE HIGH COURT IN WPC NO.35338 OF 2019 EXHIBIT P7 A TRUE PHOTOCOPY OF THE PROCEEDINGS AND NOC DATED 25.01.2021 OBTAINED BY THE 3RD RESPONDENT FROM THE ADDITIONAL DISTRICT MAGISTRATE , KANNUR EXHIBIT P8 A TRUE PHOTOCOPY OF THE OFFICE MEMORANDUM DATED 29.01.2021 ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD EXHIBIT P9 A TRUE PHOTOCOPY OF THE CIRCULAR DATED 04.02.2021 ISSUED BY THE 1ST RESPONDENT EXHIBIT P10 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 10.02.2021 PREFERRED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT Exhibit P11 A TRUE COPY OF THE ORDER DATED 24/2/2021 FROM PESO Exhibit P12 A TRUE PHOTOCOPY OF THE REPLY LETTER DATED 12/2/2021 FROM THE 2ND RESPONDENT.
Exhibit P13 A TRUE PHOTOCOPY OF THE APPLICTION DATED 20/01/2020 PREFERRED BY THE 3RD RESPONDENT.
Exhibit P14 A TRUE PHOTOCOPY OF THE RTI REPLY DATED 3/8/2020 GIVEN BY THE PANOOR MUNICIPALITY Exhibit P15 A TRUE TIME STAMPED COLOUR COPY OF THE PHOTOGRAPH TAKEN ON 14/02/2021 CONTAINING THE LAND DEVELOPMENT ACTIVITIES OF THE 3RD RESPONDENT.
Exhibit P16 A TRUE PHOTOCOPY OF THE RELEVANT PAGE OF NOTE NO.33 WP(C)Nos.11517/2020 & con.cases 104 OF THE FILE OBTAINED FROM COLLECTORATE KANNUR, UNDER RTI ACT Exhibit P17 A TRUE PHOTOCOPY OF THE CIRCULAR NO.PCB/HO/HOW/RULES9/7/2019 DATED 21.04.2021 ISSUED BY THE 1ST RESPONDENT.
Exhibit P18 A TRUE PHOTOCOPY OF THE ERRATUM NO.PCB/HO/HOW/RULES9/7/2019 DATED 28.05.2021 ISSUED BY THE 1ST RESPONDENT.
RESPONDENTS' EXTS:
EXT.R1(A): TRUE COPY OF CIRCULAR DT.21.4.21 ISSUED BY THE BOARD.
EXT.R1(B): TRUE COPY OF ERRATUM No.PCB/HO/HOW/RLES9/7/2019 DT.28.5.21 ISSUED BY THE BOARD. EXT.R1(C): TRUE COPY OF CIRCULAR DT.9.8.2004 ISSUED BY THE BOARD.WP(C)Nos.11517/2020 & con.cases 105
APPENDIX OF WP(C) 6858/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE 3RD RESPONDENT TO THE 8TH AND 9TH RESPONDENTS DATED 18.1.2021. EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS NO.
DCMPM/4123/2019-E1 DATED 18.1.2021 OF THE 3RD RESPONDENT UNDER RULE 144 OF THE PETROLEUM RULES 2002 WITH RESPECT TO THE RETAIL PETROL OUTLET OF THE 8TH AND 9TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 22.1.2021.
EXHIBIT P4 TRUE COPY OF THE CIRCULAR NO.
PCB/HO/HOW/RULES9/7/2019 DATED 18.08.2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.
EXHIBIT P5 TRUE COPY OF THE OFFICE MEMORANDUM NO. B-
13011/1/2029-20 /AQM/0809 DATED 7.1.2020 ISSEUD BY THE 4TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE OFFICE MEMORANDUM NO. B-
13011/1/2020-21 /AQM/5419-5470 DATED 29.1.2021 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 7TH RESPONDENT TO THE 9TH RESPONDENT DATED 25.1.2021.
EXHIBIT P8 TRUE COPY OF THE DRAFT GUIDELINES FOR SETTING UP OF NEW PETROL PUMPS.
EXHIBIT P9 PHOTOGRAPHS OF THE 9TH RESPONDENT'S PROPERTY TAKEN ON 9.7.2021 EXHIBIT P10 BILL DT.9.7.21 ISSUED BY PHOTO CORNER STUDIO AND VIDEOS, MANJERI TO THE PETITIONER. Exhibit P11 TRUE COPY OF THE CIRCULAR NO.
PCB/HO/HOW/RULES9/7/2019 DATED 04-02-2021 ISSUED BY THE 5TH RESPONDENT.
Exhibit P12 TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/RULES 9/7/2019 DATED 21-04- 2021 ISSUED BY THE 5TH RESPONDENT.
Exhibit P13 TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/RULES 9/7/2019 DATED 24-02- 2020 ISSUED BY THE 5TH RESPONDENT.
WP(C)Nos.11517/2020 & con.cases 106Exhibit P14 TRUE COPY OF THE OFFICIAL MEMORANDUM NO.B-
13011/1/2019-20/AQM DATED 16-08-2021 ISSUED BY THE 4TH RESPONDENT.
Exhibit P15 PHOTOGRAPHS OF THE NORTHERN AND SOUTHERN BOUNDARY TO THE PETROL PUMP.
Exhibit P16 TRUE COPY OF THE TAX RECEIPT ISSUED IN FAVOR OF SMT.RADHAMANI AND OTHERS DATED 6-10-2020. Exhibit P17 PHOTOGRAPH OF THE CONSTRUCTION AT THE PETROLEUM RETAIL OUTLET IN 9TH RESPONDENT'S PROPERTY AS ON 9-07-2021.
Exhibit P18 PHOTOGRAPHS OF THE PETROLEUM RETAIL OUTLET ESTABLISHED IN 9TH RESPONDENT'S PROPERTY.
RESPONDENTS' EXTS:
EXT.R9(A): COPY OF CONSENT TO ESTABLISH DT.5.9.2019 EXT.R9(B): COPY OF EXPLOSIVE LICENCE DT.4.2.21. EXT.R9(C): COPY OF BUILDING PERMIT DT.25.1.21. EXT.R9(D): COPY OF BILL ISSUED AFTER COMMISSIONING THE OUTLET DT.24.2.21.
ANNEXURE R8(A): TRUE COPY OF JUDGMENT DT.13.10.2015 PASSED IN WPC.30818 OF 2015 ANNEXURE R8(B): COPY OF JUDGMENT DT.9.10.2015 PASSED IN WPC 30698 OF 2015 ANNEXURE R8(C): TRUE COPY OF CONSENT TO ESTABLISH DT.5.9.2019 ISSUED BY THE 5TH RESPONDENT. ANNEXURE R8(D): TRUE COPY OF INITIAL APPROVAL DT.29.11.2019 ISSUED BY PESO.
ANNEXURE R8(E): TRUE COPY OF CIRCULAR DT.9.8.2004. ANNEXURE R8(F): TRUE COPY OF CIRCULAR DT.21.4.21 ISSUED BY THE 5TH RESPONDENT.
EXT.R6(A): TRUE COPY OF THE RELEVANT PAGES OF THE CIRCULAR NO.PCB/T4/115/97 DATED 17-3-2017 ISSUED BY THE BOARD.
EXT.R6(B): TRUE COPY OF THE CIRCULAR NO.PCB/TAC/ 18/2004 DATED 9-8-2004 ISSUED BY THE BOARD. EXT.R6(C): TRUE COPY OF THE ORDER DATED 22-7-2019 IN O.A. NOS. 31/2019 AND 86/2019 OF THE HON'BLE NGT.
EXT.R6(D): TRUE COPY OF THE OFFICE MEMORANDUM NO. B-
13011/1/2019-20/AQM/10802-10847 DATED 7- 1- 2020 ISSUED BY THE CPCB.
EXT.R6(E): TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/RULES9/7/2019 DATED 24-2- 2020 ISSUED BY THE BOARD.WP(C)Nos.11517/2020 & con.cases 107
EXT.R6(F): TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/ RULES 9/7/2019 DATED 18-08-2020 ISSUED BY THE BOARD.
EXT.R6(G): TRUE COPY OF THE OFFICE MEMORANDUM NO.B-
13011/1/2020-21/AQM DATED 29-1-2021 ISSUED BY THE CPCB.
EXT.R6(H): TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/ RULES9/7/2019 DATED 4-2-2021 ISSUED BY THE BOARD.
EXT.R6(I): TRUE COPY OF THE CIRCULAR NO. PCB/HO/HOW/ RULES 9/7/2019 DATED 21-4-2021 ISSUED BY THE BOARD.
EXT.R6(J): TRUE COPY OF THE ERRATUM NO.PCB/HO/HOW/RULES9/7/2019 DATED 28-5- 2021 ISSUED BY THE BOARD.WP(C)Nos.11517/2020 & con.cases 108
APPENDIX OF WP(C) 11495/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE LOCAL PEOPLE TO THE 6TH RESPONDENT. Exhibit P2 TRUE COPY OF THE PLAINT IN OS NO.75/2021 ON THE FILE OF THE MUNSIFF COURT, CHITTUR. Exhibit P3 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT NO.8 HEREIN (RESPONDENT NO.5 IN IA.NO.47/2021 IN EXHIBIT P2 SUIT). Exhibit P4 TRUE COPY OF THE ROUGH SKETCH PRODUCED ALONG WITH THE COMMISSION REPORT IN EXHIBIT.P2. Exhibit P5 TRUE COPY OF THE SKETCH SUBMITTED BY THE RESPONDENTS NO.8 AND 9 FOR THE PURPOSE OF ESTABLISHING THE PETROLEUM RETAIL OUTLET. Exhibit P6 TRUE COPY OF THE CIRCULAR DATED 09.08.2004 ISSUED BY THE 7TH RESPONDENT.
Exhibit P7 TRUE COPY OF THE CIRCULAR DATED 24.02.2020 ISUED BY THE 7TH RESPONDENT.
Exhibit P8 TRUE COPY OF THE CIRCULAR DATED 18.08.2020 ISUED BY THE 7TH RESPONDENT.
Exhibit P9 TRUE COPY OF THE CIRCULAR DATED 04.02.2021 ISUED BY THE 7TH RESPONDENT.
Exhibit P10 TRUE PHOTOGRAPHS SHOWING THE SITE IN SUBJECT BELONGING TO THE RESPONDENTS NO. 8 AND 9. Exhibit P11 TRUE COPY OF THE ORDER DATED 28.04.2021 PASSED BY THE 3RD RESPONDENT.
Exhibit P12 TRUE COPY IOF THE JUDGMENT (WITHOUT CAUSE TITLE AND APPENDIX) PASSED IN WPC NO. 30698/2015 ON THE FILE OF THIS HONOURABLE COURT. Exhibit P13 TRUE LEGIBLE COPY OF EXT.P5 SKETCH Exhibit P14 TRUE COPY OF THE JUDGMENT DT.9.10.2015 PASSED BY THIS COURT IN WPC 30698/2015. Exhibit P15 TRUE COPY OF PETITION SUBMITTED BEFORE THE SUB INSPECTOR OF POLICE, CHITTUR POLICE STATION. Exhibit P16 TRUE COPY OF RECEIPT ISSUED ON RECEIPT OF EXT.P15 Exhibit P17 TRUE COPY OF COMMISSION REPORT FILED IN EXT.P2 SUIT.
Exhibit P18 TRUE COPY OF THE CIRCULAR DATED 21-04-2021 WP(C)Nos.11517/2020 & con.cases 109 ISSUED BY THE RESPONDENT NO.7 Exhibit P19 TRUE COPY OF THE OFFICE MEMORANDUM DATED 16-08- 2021 ISSUED BY THE ADDITIONAL RESPONDENT NO.10.
RESPONDENTS' EXTS:
EXHIBIT R1(A) TRUE COPY OF THE JUDGMENT DATED 13.10.2015 IN WRIT PETITION (CIVIL) NO. 30818 OF 2015 EXHIBIT R1(B) TRUE COPY OF THE JUDGMENT DATED 09.04.2015 IN WRIT PETITION (CIVIL) NO. 9384 OF 2015 EXHIBIT R1(C) TRUE COPY OF THE CONSENT TO ESTABLISH DATED 05.10.2019 ISSUED BY THE 7TH RESPONDENT EXHIBIT R1(D) TRUE COPY OF THE INITIAL APPROVAL DATED 19.11.2019 ISSUED BY PESO EXHIBIT R1(E) TRUE COPY OF THE NO-OBJECTION CERTIFICATE DATED 24.09.2019 ISSUED BY THE FIRE & RESCUE SERVICES EXHIBIT R-8(A) COPY OF THE CONSENT TO ESTABLISH ISSUED BY THE 7TH RESPONDENT DATED 5/10/2019 EXHIBIT R-8(B) COPY OF THE PESO LICENSE DATED 18/11/2019 EXHIBIT R-8(C) COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE FIRE AND RESCUE DEPARTMENT DATED 24/9/2019 EXHIBIT R-8(D) COPY OF THE OFFICIAL MEMORANDUM ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD ON 7/1/2020 EXHIBIT R-8(E) COPY OF THE OFFICIAL MEMORANDUM ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD ON 29/1/2021 EXHIBIT R-8(F) COPY OF THE BILLS ISSUED BY THE ENGINEER DATED 22/9/2019 EXT.R6(A) TO (J) - ADOPTED FROM COUNTER AFFIDAVIT IN WPC 11907/21 EXT.R6(A): TRUE COPY OF THE RELEVANT PAGES OF THE CIRCULAR NO.PCB/T4/115/97 DATED 17-3-2017 ISSUED BY THE BOARD.
EXT.R6(B): TRUE COPY OF THE CIRCULAR NO.PCB/TAC/ 18/2004 DATED 9-8-2004 ISSUED BY THE BOARD.
EXT.R6(C): TRUE COPY OF THE ORDER DATED 22-7-2019 IN O.A. NOS. 31/2019 AND 86/2019 OF THE HON'BLE NGT. EXT.R6(D): TRUE COPY OF THE OFFICE MEMORANDUM NO. B-
13011/1/2019-20/AQM/10802-10847 DATED 7- 1-2020 ISSUED BY THE CPCB.
EXT.R6(E): TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/RULES9/ 7/2019 DATED 24-2- 2020 ISSUED BY THE BOARD. EXT.R6(F): TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/ RULES 9/7/2019 DATED 18-08-2020 ISSUED BY THE BOARD. EXT.R6(G): TRUE COPY OF THE OFFICE MEMORANDUM NO.B-
13011/1/2020-21/AQM DATED 29-1-2021 ISSUED BY THE CPCB.
WP(C)Nos.11517/2020 & con.cases 110EXT.R6(H): TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/ RULES9/7/2019 DATED 4-2-2021 ISSUED BY THE BOARD.
EXT.R6(I): TRUE COPY OF THE CIRCULAR NO. PCB/HO/HOW/ RULES 9/7/2019 DATED 21-4-2021 ISSUED BY THE BOARD. EXT.R6(J): TRUE COPY OF THE ERRATUM NO.PCB/HO/HOW/RULES9/7/2019 DATED 28-5- 2021 ISSUED BY THE BOARD.
ANNEXURE R10 (A) TRUE PHOTOCOPY OF THE GUIDELINES DATED:
07/01/2020 BEARING NO.B- 13011/1/2019- 20/AQM10802-10847 ISSUED BY THE 10 TESPONDENT. ANNEXURE R10 (B) TRUE PHOTOCOPY OF THE OFFICE MEMORANDUM DATED:
29/01/2021 BEARING NO. B-13011/1/2020-21/AQM ISSUED BY THE 1ST RESPONDENT.
ANNEXURE R10 (C) THE ADDENDUM AS PER THE OFFICE MEMORANDUM B-
13011/1/2019- 20/AQM, DATED: 16/08/2021.WP(C)Nos.11517/2020 & con.cases 111
APPENDIX OF WP(C) 17601/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER OF REQUEST DATED 10/05/2019 SUBMITTED BY RESPONDENT NO.1 BEFORE RESPONDENT NO.2 OBTAINED UNDER RIGHT TO INFORMATION ACT.
Exhibit P2 TRUE COPY OF A SKETCH SHOWING THE POSITION OF THE RESIDENTIAL HOUSES ADJACENT TO THE PROPOSED PETROL PUMP PREPARED BY THE VILLAGE OFFICER, VELUTHUR VILLAGE OBTAINED UNDER RIGHT TO INFORMATION ACT ON 09/08/2021. Exhibit P3 TRUE COPY OF THE ORDER OF THE NATIONAL GREEN TRIBUNAL IN OA 86/2019 DATED 18/01/2019. Exhibit P4 TRUE COPY OF THE GUIDELINES ISSUED BY RESPONDENT NO.5 DATED 07/01/2020. Exhibit P5 TRUE COPY OF THE CIRCULAR ISSUED BY RESPONDENT NO.4 DATED 24/02/2020.
Exhibit P6 TRUE COPY OF THE CIRCULAR ISSUED BY R4 DATED 18/08/2020.
Exhibit P7 TRUE COPY OF CENTRAL POLLUTION CONTROL BOARD OFFICE, MEMORANDUM B-13011/1/2020-21/AQM DATED 29/01/2021 IS PRODUCED AND MARKED AS EXT.P7. Exhibit P8 TRUE COPY OF KERALA STATE POLLUTION CONTROL BOARD CIRCULAR PCB/HO/HOW/RULES9/7/2019 DATED 04/02/2021.
Exhibit P9 TRUE COPY OF KERALA STATE POLLUTION CONTROL BOARD CIRCULAR PCB/HO/HOW/RULES9/7/2019 DATED 21/04/2021.
Exhibit P10 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 24/03/2020 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE UNDER RULE 144 OF THE PETROLEUM RULES, 2002.
EXHIBIT P11 TRUE PHOTOGRAPH OF THE COMMENCED INSTALLATION OF THE TANK ON 25.08.2021 TAKEN ON THIS PETITIONER'S PHONE EXHIBIT P12 TRUE PHOTOGRAPHS OF THE PREMISES AS ON 23.12.2021 9.08 A.M. AS TAKEN ON THIS PETITIONER'S PHONE EXHIBIT P13 TRUE COPY OF THE SATELLITE IMAGE OF THE PROPERTY TAKEN ON 12.01.2020 OBTAINED BY THIS PETITIONER IS PRODUCED ON A COMPACT DISK EXHIBIT P13(A) TRUE COPY OF THE VISIBLE SPECTRUM ENHANCED WP(C)Nos.11517/2020 & con.cases 112 IMAGE OF THE SUBJECT PROPERTY IN SURVEY NO.141/3P OF VELUTHUR VILLAGE WITHIN ARIMPUR GRAMA PANCHAYAT TRISSUR TALUK OF TRISSUE DISTRICT AS ON 12.01.2020 EXHIBIT P14 TRUE COPY OF THE SATELITE IMAGE OF THE PROPERTY TAKEN ON 19.12.2021 OBTAINED BY THIS PETITIONER IS PRODUCED ON A COMPACT DISK EXHIBIT P14(A) TRUE COPY OF THE VISIBLE SPECTRUM ENHANCED IMAGE OF THE SUBJECT PROPERTY IN SURVEY NO.141/3P OF VELUTHUR VILLAGE WITHIN ARIMPUR GRAMA PANCHAYAT OF TRISSUR TALUK OF TRISSUR DISTRICT AS ON 19.12.2021 RESPONDENTS' EXHIBITS EXT.R6(A) TRUE COPY OF THE RELEVANT PAGES OF THE CIRCULAR NO.PCB/T4/115/97 DATED 17.3.2017 ISSUED BY THE BOARD EXT.R6(B) TRUE COPY OF THE CIRCULAR NO.PCB/TAC/18/2004 DATED 09.08.2004 ISSUED BY THE BOARD EXT.R6(C) TRUE COPY OF THE ORDER DATED 22.07.2019 IN O.A.NOS.31/2019 AND 86/2019 OF THE HON'BLE NGT EXT.R6(D) TRUE COPY OF THE OFFICE MEMORANDUM NO.B-
13011/1/2019-20/AQM/10802-10847 DATED 7.1.2020 ISSUED BY THE CPCB EXT.R6(E) TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/RULES9/7/2019 DATED 24.2.2020 ISSUED BY THE BOARD EXT.R6(F) TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/RULES9/7/2019 DATED 18.08.2020 ISSUED BY THE BOARD EXT.R6(G) TRUE COPY OF THE OFFICE MEMORANDUM NO.B-
13011/1/2020-21/AQM DATED 29.1.2021 ISSUED BY THE PCB EXT.R6(H) TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/RULES9/7/2019 DATED 4.2.2021 ISSUED BY THE BOARD EXT.R6(I) TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/RULES9/7/2019 DATED 21.4.2021 ISSUED BY THE BOARD EXT.R6(J) TRUE COPY OF THE ERRATUM NO.PCB/HO/HOW/RULES9/7/2019 DATED 28.5.2021 ISSUED BY THE BOARD EXT.R1(A) TRUE COPY OF THE JUDGMENT DATED 13.10.2015 PASSED IN WRIT PETITION (CIVIL) NO.30818 OF WP(C)Nos.11517/2020 & con.cases 113 2015 EXT.R1(B) TRUE COPY OF THE JUDGMENT DATED 09.10.2015 PASSED IN WRIT PETITION (CIVIL) NO.30698 OF 2015 EXT.R1(C) TRUE COPY OF THE CONSENT TO ESTABLISH DATED 08.09.2020 ISSUED BY THE 4TH RESPONDENT EXT.R1(D) TRUE COPY OF THE INITIAL APPROVAL DATED 15.11.2019 ISSUED BY PESO EXT.R1(E) TRUE COPY OF THE BUILDING PERMIT DATED 15.07.2021 ISSUED BY THE 3RD RESPONDENT EXT.R1(F) TRUE COPY OF THE LICENCE DATED 25.08.2021 EXT.R1(G) TRUE COPY OF THE CIRCULAR DATED 09.08.2004 OF THE 4TH RESPONDENT ANNEXURE R5(A) THE ADDENDUM AS PER THE OFFICE MEMORANDUM B-
13011/1/2019-20/AQM, DATED 16.08.2021 WP(C)Nos.11517/2020 & con.cases 114 APPENDIX OF WP(C) 18031/2021 PETITIONER EXHIBITS Exhibit P1 COPY OF THE OFFICE LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 11/5/2020. Exhibit P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER DATED 4/6/2020.
Exhibit P3 COPY OF G.O.(MS) NO.46/2019/PWD DATED 22/10/2019. Exhibit P4 COPY OF THE G.O.(MS) NO.16/2020/PWD DATED 10/2/20. Exhibit P5 COPY OF THE RELEVANT PAGES OF G.O.(MS) NO.67/2020/PWD DATED 16/10/2020.
Exhibit P6 COPY OF THE JUDGMENT OF WP(C) NO.5973/2021 DATED 12/8/2021.
Exhibit P7 COPY OF THE ORDER OF NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI, DATED 22/07/2019. Exhibit P8 COPY OF THE OFFICIAL MEMORANDUM OF THE 6TH RESPONDENT DATED 7/1/20.
Exhibit P9 COPY OF THE CIRCULAR ISSUED BY THE 7TH RESPONDENT ON 24/2/20.
Exhibit P10 COPY OF THE CIRCULAR ISSUED BY THE 7TH RESPONDENT ON 18/8/20.
Exhibit P11 COPY OF THE OFFICIAL MEMORANDUM OF THE 6TH RESPONDENT DATED 29/1/2021.
Exhibit P12 COPY OF THE CIRCULAR ISSUED BY THE 7TH RESPONDENT ON 4/2/21.
Exhibit P13 COPY OF THE CIRCULAR ISSUED BY THE 7TH RESPONDENT DATED 21/4/21.
Exhibit P14 COPY OF THE APPLICATION BEFORE THE 7TH RESPONDENT DATED 24/8/21.
Exhibit P15 COPY OF THE CIRCULAR ISSUED BY THE 7TH RESPONDENT DATED 9/8/2004.
ANNEXURE R6(A): THE ADDENDUM AS PER THE OFFICE MEMORANDUM B-
13011/1/2019/20/AQM DT.16.8.2021.
WP(C)Nos.11517/2020 & con.cases 115APPENDIX OF WP(C) 27900/2021 PETITIONERS' EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE ORDER DATED 18/01/2019 PASSED BY THE PRINCIPAL BENCH OF THE HON'BLE NATIONAL GREEN TRIBUNAL, NEW DELHI IN OA NO. 86/2019.
Exhibit P2 A TRUE PHOTOCOPY OF THE OFFICE MEMORANDUM DATED 07/01/2020 ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD.
Exhibit P3 A TRUE PHOTOCOPY OF THE CONSENT TO ESTABLISH DATED 29/10/2021 GRANTED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT.
Exhibit P4 A TRUE PHOTOCOPY OF THE CIRCULAR DATED 24/02/2020 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P5 A TRUE PHOTOCOPY OF THE CIRCULAR DATED 18.08.2020 ISSUED BY THE 3RD RESPONDENT EXHIBIT P6 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 26.08.2021 IN OA NO.07/2021 PASSED BY THE HONOURABLE NATIONAL GREEN TRIBUNAL EXHIBIT P7 A TRUE PHOTOCOPY OF THE OFFICE MEMORANDUM DATED 29.01.2021 ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD EXHIBIT P8 TRUE PHOTOCOPY OF THE CIRCULAR DATED 04.02.2021 ISSUED BY THE 3RD RESPONDENT EXHIBIT P9 A TRUE PHOTOCOPY OF THE APPEAL DATED 19.11.2021 PREFERRED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT WP(C)Nos.11517/2020 & con.cases 116 APPENDIX OF WP(C) 10367/2021 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED 16.2.2021 ISSUED BY THE 4TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE OFFICE MEMORANDUM DATED 7.1.2020 ALONG WITH THE GUIDELINES ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD. Exhibit P3 TRUE COPY OF THE OFFICE MEMORANDUM DATED 29.1.2021 ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD.
Exhibit P4 TRUE COPY OF THE CONSENT TO ESTABLISH PETROLEUM OUTLET ISSUED TO THE 7TH RESPONDENT. Exhibit P5 TRUE COPY OF THE CIRCULAR DATED 24.2.2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.
Exhibit P6 TRUE COPY OF THE DRAFT GUIDELINES ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD ON THE BASIS OF THE ORDER OF NATIONAL GREEN TRIBUNAL. Exhibit P7 TRUE COPY OF THE NOTICE DATED 3.4.2020 ISSUED BY THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, ALAPPUZHA DISTRICT. Exhibit P8 TRUE COPY OF THE CIRCULAR ISSUED BY THE STATE POLLUTION CONTROL BOARD DATED 04/02/2021. Exhibit P9 TRUE COPY OF THE CIRCULAR DATED 24/02/2020. Exhibit P10 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT ISSUED BY 8TH RESPONDENT PANCHAYATH DATED 06/05/2021.
Exhibit P11 TRUE COPY OF THE JUDGMENT IN WPC.NO.19252/2020 DATED 02/12/2020.
Exhibit P12 TRUE COPY OF THE ORDER IN O.A.NO.116 OF 2021 DATED 25/05/2021 OF THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI.
Exhibit P13 TRUE COPY OF THE LETTER ISSUED BY THE DISTRICT COLLECTOR KOLLAM DATED 16/06/2021 TO THE 8TH RESPONDENT PANCHAYATH.
Exhibit P14 TRUE COPY OF THE STOP MEMO ISSUED BY THE 8TH RESPONDENT PANCHAYATH DATED 17/06/2021. Exhibit P15 TRUE COPY OF THE LETTER ISSUED BY THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS DATED 1/8/2019 WP(C)Nos.11517/2020 & con.cases 117 Exhibit P16 TRUE COPY OF THE PERMIT ISSUED BY THE PETROLEUM EXPLOSIVE SAFETY ORGANIZATION (PESO) TO THE 7TH RESPONDENT, WITH RESPECT TO THE PETROLEUM RETAIL OUTLET RESPONDENTS' EXTS:
ANNEXURE R3(A): TRUE PHOTOCOPY OF THE GUIDELINES DATED 07/01/2020 BEARING NO.B-13011/1/2019- 20/AQM10802-10847 ISSUED BY THE 3RD RESPONDENT (CPCB).
ANNEXURE R3(B): TRUE PHOTOCOPY OF THE OM DATED: 29-01- 2021 BEARING NO. B-13011/1/2020-21/AQM ISSUED BY THE 3RD RESPONDENT (CPCB).
ANNEXURE R3(C): TRUE PHOTOCOPY OF THE GUIDELINES DATED: 16 - 08- 2021 BEARING NO. B-13011/1/2019-21/AQM ISSUED BY THE 3RD RESPONDENT (CPCB).
WP(C)Nos.11517/2020 & con.cases 118APPENDIX OF WP(C) 11907/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE OFFICE MEMORANDUM OF THE CENTRAL POLLUTION CONTROL BOARD DATED 7.1.2020.
Exhibit P2 TRUE COPY OF THE ORDER DATED 22.07.2019 IN ORDER IN OA NOS.31/2019 AND 86/2019 OF NATIONAL GREEN TRIBUNAL.
Exhibit P3 TRUE COPY OF THE OFFICE MEMORANDUM ISSUED BY THE 4TH RESPONDENT DATED 29.01.2021. Exhibit P4 TRUE COPY OF THE ORDER DATED 16.02.2021 ISSUED BY THE 5TH RESPONDENT.
Exhibit P5 TRUE COPY OF THE CIRCULAR DATED 24.02.2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.
Exhibit P6 TRUE COPY OF THE CIRCULAR ISSUED BY THE 6TH RESPONDENT DATED 04.02.2021.
Exhibit P7 TRUE COPY OF THE CIRCULAR ISSUED BY THE 6TH RESPONDENT DATED 21.04.2021.
Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 11.08.2020 BEFORE THE 9TH RESPONDENT PANCHAYATH.
Exhibit P9 TRUE COPY OF THE JUDGMNET DATED 02.12.2020 IN WPC NO.19252/2020.
Exhibit P10 TRUE COPY OF THE DRAFT GUIDELINES PUBLISHED BY THE CENTRAL POLLUTION CONTROL BOARD.
RESPONDENTS' EXTS:
EXT.R6(A): TRUE COPY OF THE RELEVANT PAGES OF THE CIRCULAR NO.PCB/T4/115/97 DATED 17-3-2017 ISSUED BY THE BOARD.
EXT.R6(B): TRUE COPY OF THE CIRCULAR NO.PCB/TAC/ 18/2004 DATED 9-8-2004 ISSUED BY THE BOARD. EXT.R6(C): TRUE COPY OF THE ORDER DATED 22-7-2019 IN O.A. NOS. 31/2019 AND 86/2019 OF THE HON'BLE NGT.
EXT.R6(D): TRUE COPY OF THE OFFICE MEMORANDUM NO. B-
13011/1/2019-20/AQM/10802-10847 DATED 7- 1- 2020 ISSUED BY THE CPCB.
EXT.R6(E): TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/RULES9/7/2019 DATED 24-2- 2020 ISSUED BY THE BOARD.WP(C)Nos.11517/2020 & con.cases 119
EXT.R6(F): TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/ RULES 9/7/2019 DATED 18-08-2020 ISSUED BY THE BOARD.
EXT.R6(G): TRUE COPY OF THE OFFICE MEMORANDUM NO.B-
13011/1/2020-21/AQM DATED 29-1-2021 ISSUED BY THE CPCB.
EXT.R6(H): TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/ RULES9/7/2019 DATED 4-2-2021 ISSUED BY THE BOARD.
EXT.R6(I): TRUE COPY OF THE CIRCULAR NO. PCB/HO/HOW/ RULES 9/7/2019 DATED 21-4-2021 ISSUED BY THE BOARD.
EXT.R6(J): TRUE COPY OF THE ERRATUM NO.PCB/HO/HOW/RULES9/ 7/2019 DATED 28-5- 2021 ISSUED BY THE BOARD.WP(C)Nos.11517/2020 & con.cases 120
APPENDIX OF WP(C) 12880/2021 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE NOC NO.M971546/2018 DATED 31.10.2019 ISSUED BY THE 2ND RESPONDENT.
Exhibit P2 A TRUE COPY OF THE 'CONSENT TO ESTABLISH' ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.
Exhibit P3 A TRUE COPY OF THE INTERIM ORDER DATED 13/08/2020 IN WP(C) NO.30037/2019. Exhibit P4 A TRUE COPY OF THE COMMON JUDGMENT DATED 16/04/2021 IN WP(C) NO.30037/2019 AND CONNECTED CASES.
Exhibit P5 A TRUE COPY OF THE INTERIM ORDER DATED 30.04.2021 IN WP(C) NO.10632/2021. Exhibit P6 A TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT DATED 06/05/2021 ISSUED BY THE 4TH RESPONDENT.
Exhibit P7 A TRUE COPY OF THE ORDER NO.M7-91546/2018 DATED 16/06/2021 ISSUED BY THE 2ND RESPONDENT.
Exhibit P8 A TRUE COPY OF THE ORDER NO.A3-4062/2021 DATED 17/06/2021 ISSUED BY THE 4TH RESPONDENT.
Exhibit P9 A TRUE COPY OF THE INTERIM ORDER DATED 23/04/2021 IN WP(C) NO.10367/2021. Exhibit P10 A TRUE COPY OF THE RELEVANT PAGES OF THE REPRESENTATION DATED 15/08/2020 SUBMITTED BEFORE THE 4TH RESPONDENT.
RESPONDENTS' EXHIBITS ANNEXURE A-1 TRUE COPY OF PHOTOGRAPH OF THE CHIRA/LAKE ANNEXURE A-2 TRUE COPY OF THE JUDGMENT DATED 02.12.2020 IN WP(C) NO.19252 OF 2020 PASSED BY THIS HON'BLE COURT ANNEXURE A-3 TRUE COPY OF THE LETTER DATED 18.02.2021, THE SECRETARY OF KOLLAM DISTRICT PANCHAYATH ANNEXURE A-4 TRUE COPY OF THE REPRESENTATION DATED 24.05.2021 SUBMITTED BY THE PETITIONER ANNEXURE A-5 TRUE COPY OF THE ORDER DATED 25.05.2021 IN WP(C)Nos.11517/2020 & con.cases 121 O.P. NO.116 OF 2021 PASSED BY HON'BLE NATIONAL GREEN TRIBUNAL, CHENNAI ANNEXURE A-6 TRUE COPY OF THE ORDER DATED 16.06.2021 ISSUED BY THE 1ST RESPONDENT/DISTRICT COLLECTOR ANNEXURE A-7 TRUE COPY OF THE COMPLAINT DATED 21.06.2021 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXTS.PRODUCED ALONG WITH COUNTER AFFIDAVIT DT.1.8.2022 Exhibit R6(a) TRUE COPY OF THE LETTER NO.HD 389/2007 A.E.E. ISSUED BY THE A. EX. ENGINEER (NH) INFORMING THE REASON FOR REJECTED THE APPLICATION SUBMITTED BY THE 5TH RESPONDENT. Exhibit R6(b) TRUE COPY OF THE PLAN SUBMITTED BEFORE THE DISTRICT COLLECTOR Exhibit R6(c) TRUE COPY OF THE PROVISIONAL ACCESS PERMISSION FOR CONSTRUCTION OF APPROACH ROAD ISSUED BY THE MoRTH AUTHORITIES BY LETTER DATED 01.08.2019 Exhibit R6(d) TRUE COPY OF THE NOTIFICATION DATED 07.01.2020 ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD.
Exhibit R6(e) TRUE COPY OF THE ORDER DATED 22.07.2019 IN OA NO.31/2019 WITH OA NO.86/2019 ISSUED BY THE HON'BLE NATIONAL GREEN TRIBUNAL. Exhibit R6(f) TRUE COPY OF THE CIRCULAR DATED 24.02.2020 ISSUED BY THE KSPCB Exhibit R6(g) TRUE COPY OF THE CIRCULAR DATED 18.08.2020 ISSUED BY THE KSPCB Exhibit R6(h) TRUE COPY OF THE OFFICE MEMORANDUM FOR CLARIFICATION OF CUT OF DATE DATED 29.01.2021 ISSUED BY CPCB Exhibit R6(i) TRUE COPY OF THE REVISED CIRCULAR DATED 04.02.2021 ISSUED BY KSPCB Exhibit R6(j) TRUE COPY OF THE INITIAL APPROVAL DATED 17.07.2020 ISSUED BY PETROLEUM & EXPLOSIVE SAFETY ORGANISATION (PESO) Exhibit R6(k) TRUE COPY OF THE ADDENDUM GUIDELINES ISSUED BY THE CPCB SUBSEQUENT TO ORDERS IN OA 61/2019 (CZ) BY THE HON'BLE NATIONAL GREEN TRIBUNAL Exhibit R6(l) TRUE COPY OF THE ORDER DATED 28.07.2021 IN OA NO.19/2021 ISSUED BY HON'BLE NATIONAL GREEN TRIBUNAL WP(C)Nos.11517/2020 & con.cases 122 Exhibit R6(m) TRUE COPY OF THE PHOTOGRAPH SHOWING THE WATER BODY "CHAKKUVALLY CHIRA"
Exhibit R6(n) TRUE COPY OF THE PHOTOGRAPH SHOWING THE RESTAURANT IN THE FRONT OF THE SITE OF THE PETROL PUMP EXTS.PRODUCED ALONG WITH COUNTER AFFIDAVIT DT.1.10.2022 Exhibit R6(a) TRUE COPY OF THE PLAN SUBMITTED BEFORE THE DISTRICT COLLECTOR Exhibit R6(b) TRUE COPY OF THE PROVISIONAL ACCESS PERMISSION FOR CONSTRUCTION OF APPROACH ROAD ISSUED BY THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS AUTHORITIES BY LETTER DATED 01.08.2019 Exhibit R6(c) TRUE COPY OF THE STOP MEMO ISSUED BY THE PANCHAYATH BY LETTER DATED 04.11.2020 Exhibit R6(d) TRUE COPY OF THE NOTIFICATION DATED 07.01.2020 ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD Exhibit R6(e) TRUE COPY OF THE TRUE COPY OF THE ORDER DATED 22.07.2019 IN OA NO.31/2019 WITH OA NO.86/2019 ISSUED BY THE HON'BLE NATIONAL GREEN TRIBUNAL Exhibit R6(f) TRUE COPY OF THE CIRCULAR DATED 18.08.2020 ISSUED BY KSPCB Exhibit R6(g) TRUE COPY OF THE OFFICE MEMORANDUM FOR CLARIFICATION DATED 29.01.2021 ISSUED BY CPCB Exhibit R6(h) TRUE COPY OF THE INITIAL APPROVAL DATED 17.07.2020 ISSUED BY PETROLEUM & EXPLOSIVE SAFETY ORGANIZATION (PESO) Exhibit R6(i) TRUE COPY OF THE ORDER DATED 28.07.2021 IN OA NO.19/2021 ISSUED BY HON'BLE NATIONAL GREEN TRIBUNAL Exhibit R6(j) TRUE COPY OF THE PHOTOGRAPH SHOWING RESTAURANT IN THE FRONT OF THE SITE OF THE PETROL PUMP WP(C)Nos.11517/2020 & con.cases 123 APPENDIX OF WP(C) 15087/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 16.4.2021 IN WP(C) NO.24471/2020.
Exhibit P2 TRUE COPY OF THE BUILDING PERMIT DATED 6.5.2021 ISSUED BY THE RESPONDENT PANCHAYAT TO THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF THE PROCEEDINGS DATED 16.6.2021 OF THE DISTRICT COLLECTOR. Exhibit P4 TRUE COPY OF THE NOTIFICATION DATED 7.1.2020 ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD.
Exhibit P5 TRUE COPY OF THE PLAN SANCTIONED BY THE RESPONDENT DISTRICT TOWN PLANNER UNDER COVER OF LETTER DATED 16.2.2021. Exhibit P6 TRUE COPY OF THE PLAN SHOWING THE FACTUAL POSITIONS SUBMITTED TO DISTRICT COLLECTOR EXHIBIT P7:- TRUE COPY OF DOCUMENT OF FAIR VALUE SHOWING RESIDENTIAL PLOT ISSUED BY THE VILLAGE OFFICER, PORUVAZHY.
EXHIBIT P8:- TRUE COPY OF THE PROCEEDINGS ISSUED BY THE DISTRICT COLLECTOR EXHIBIT P9:- TRUE COPY OF THE NOC ISSUED BY THE DISTRICT COLLECTOR EXHIBIT P10:- TRUE COPY OF THE PLAN SUBMITTED BEFORE THE PANCHAYAT EARLIER WHICH WAS REJECTED EXHIBIT P11.:- TRUE COPY OF THE PLAN SUBMITTED BEFORE THE PANCHAYAT FOR BUILDING PERMIT EXHIBIT P12:- TRUE COPY OF THE PLAN SUBMITTED BEFORE THE NATIONAL HIGHWAY AUTHORITIES EXHIBIT P13:- TRUE COPY OF THE DETAILS OF THE SCHEME PUBLISHED IN THE MATHRUBHUMI DAILY EXHIBIT P14:- TRUE COPY OF THE ORDER FOR CONSENT TO ESTABLISH ISSUED BY STATE POLLUTION CONTROL BOARD EXHIBIT P15:- TRUE COPY OF THE LETTER ISSUED BY THE SECRETARY OF DISTRICT PANCHAYAT EXHIBIT P16:- TRUE COPY OF THE COMMUNICATION ISSUED BY PUBLIC INFORMATION OFFICER OF DISTRICT PANCHAYAT OFFICE Exhibit P17 PHOTOGRAPH OF THE WATER BODY ''CHAKKUVALLY CHIRA '' CONTAMINATED BY THE PETROLEUM WP(C)Nos.11517/2020 & con.cases 124 PRODUCT Exhibit P17A PHOTOGRAPH OF THE WATER BODY ''CHAKKUVALLY CHIRA'' CONTAMINATED BY THEH PETROLEUM PRODUCT Exhibit P18 TRUE COPY OF THE COMPLAINT DATED 15.11.2021 SUBMITTED BEFORE STATION HOUSE OFFICER, SOORANAD POLICE STATION.
Exhibit P19 THE PHOTOGRAPHS SHOWING THE CONDITION OF THE CHIRA PRIOR TO THE CONTAMINATION FROM THE PETROLEUM OUTLET.
Exhibit P20 TRUE COPY OF THE INTERIM ORDER DATED 23.4.2021 IN WPC NO-10637/2021 EXT.PRODUCED ALONG WITH IA.1/22 Exhibit P7 COPY OF THE PHOTOGRAPH SHOWING THE INAUGURAL FUNCTION OF THE PETROLEUM OUTLET EXT.PRODUCED ALONG WITH THE REPLY AFFIDAVIT. EXT.P17: COPY OF SKETCH OF WATERBODY OBTAINED FROM THE VILLAGE OFFICE, PORUVAZHY.
RESPONDENTS' EXTS:
EXHIBIT R1(A): A TRUE COPY OF THE ORDER NO. RW/TRI/RETAIL OUTLET/289/2019-20 DATED 01/08/2019 ISSUED BY THE REGIONAL OFFICER, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS.
EXHIBIT R1(B): A TRUE COPY OF THE ORDER NO. M791546/2018 DATED 28/10/2019 ISSUED BY THE 4TH RESPONDENT EXHIBIT R1(C): A TRUE COPY OF THE NOC ISSUED BY THE 4TH RESPONDENT EXHIBIT R1(D): TRUE COPY OF THE 'CONSENT TO ESTABLISH' ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD EXHIBIT R1(E): A TRUE COPY OF THE COMMON JUDGMENT DATED 16/04/2021 IN WP(C) NO. 30037/2019 AND CONNECTED CASES EXHIBIT R1(F): A TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT DATED 06.05.2021 ISSUED BY THE 3RD RESPONDENT EXHIBIT R1(G): A TRUE COPY OF THE CONSENTNO.PCB/KO/ICO/F / 072/2022 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 02.03.2022 EXHIBIT R1(H): A TRUE COPY OF THE CERTIFICATE NO.B-117/2022 ISSUED BY THE REGIONAL FIRE OFFICER,THIRUVANANTHAPURAM WP(C)Nos.11517/2020 & con.cases 125 EXHIBIT R1(I) THE PHOTOGRAPHS TAKEN ON 03.01.2022 INDICATING THE ORIGINAL LIE OF THE AREA COVERED UNDER EXHIBIT P17(A)PHOTOGRAPHS.WP(C)Nos.11517/2020 & con.cases 126
APPENDIX OF WP(C) 26321/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 16.02.2021 ISSUED BY THE 8TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE OFFICE MEMORANDUM DATED 07.01.2020 ALONG WITH THE GUIDELINES ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD. Exhibit P3 TRUE COPY OF THE OFFICE MEMORANDUM DATED 29.01.2021 ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD.
Exhibit P4 TRUE COPY OF THE LETTER DATED 01.08.2019 ISSUED BY THE 6TH RESPONDENT GRANTING PERMISSION TO CONSTRUCT PETROLEUM RETAIL OUTLET.
Exhibit P5 TRUE COPY OF THE PERMIT DATED 06.05.2021 ISSUED BY THE 9TH RESPONDENT.
Exhibit P6 TRUE COPY OF THE INTERIM ORDER IN WPC NO.10367 OF 2021 DATED 23.04.2021.
RESPONDENT ANNEXURES Annexure A1 TRUE COPY OF THE LETTER DATED 04/02/2022 OF THE 6TH RESPONDENT ADDRESSED TO THE 7TH RESPONDENT WITH COPY TO CENTRAL GOVERNMENT COUNSEL.
WP(C)Nos.11517/2020 & con.cases 127APPENDIX OF WP(C) 12507/2021 PETITIONER EXHIBITS Exhibit P1 COPY OF THE LETTER OF INTENT ISSUED BY THE 5TH RESPONDENT DATED 14.10.2019 Exhibit P2 COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRICT COLLECTOR DATED 27.1.21 Exhibit P3 COPY OF THE APPLICATION FOR CONSENT TO ESTABLISH DATED 21/1/21 Exhibit P4 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 7/1/20 Exhibit P5 COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DT.20.5.21 Exhibit P6 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 24/2/20 Exhibit P7 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 18/8/20 Exhibit P8 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 29/1/21 Exhibit P9 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 4/2/21 Exhibit P10 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 21/4/21 RESPONDENTS' EXTS:
EXT.R1(A) : TRUE COPY OF LETTER DT.11.11.2020 ISSUED BY THE 1ST RESPONDENT (CPCB) WP(C)Nos.11517/2020 & con.cases 128 APPENDIX OF WP(C) 12525/2021 PETITIONER EXHIBITS Exhibit P1 COPY OF ADDENDUM TO LETTER OF INTEND DATED 15.6.2020.
Exhibit P2 COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRICT COLLECTOR DATED 23.4.2021. Exhibit P3 COPY OF THE APPLICATION DATED 28.9.2020 BEFORE THE 2ND RESPONDENT.
Exhibit P4 COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 1.01.2020.
Exhibit P5 COPY OF THE OFFICE MEMORANDUM ISSUED BY THE 1ST RESPONDENT DATED 7.1.20.
Exhibit P6 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT 24.2.20 Exhibit P7 COPY OF THE LETTER ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT DATED 04.03.2021.
Exhibit P8 COPY OF THE JUDGMENT IN W.P.C NO. 8456/2021 Exhibit P9 COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 17.5.2021.
Exhibit P10 COPY OF THE ORDER OF NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI IN O.A NO. 31 OF 2019 AND OA NO. 86/2019 Exhibit P11 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 18.8.20 Exhibit P12 COPY OF THE OFFICE MEMORANDUM ISSUED BY THE 1ST RESPONDENT DATED 29.1.21.
Exhibit P13 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 4.2.2021.
Exhibit P14 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 21.4.21.
Exhibit P15 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 9.8.2004.
RESPONDENT EXHIBITS Exhibit R2(a) COPY OF THE RELEVANT PAGES OF THE CIRCULAR NO.PCB/T4/115/97 DATED 17/03/2017. Exhibit R2(b) COPY OF THE CIRCULAR O.PCB/HO/HOW/RULES 9/7/2019 DATED 21/04/2021.
Exhibit R2(c) COPY OF THE ERRATUM NO.PCB/HO/HOW/RULES 9/07/2019 DATED 28/05/2021 ISSUED BY THE BOARD.
WP(C)Nos.11517/2020 & con.cases 129APPENDIX OF WP(C) 17666/2021 PETITIONER EXHIBITS Exhibit P1 COPY OF LETTER OF INTEND DATED 14.10.2020 Exhibit P2 COPY OF THE APPLICATION FOR CONSENT TO ESTABLISH DATED 29.8.2021 Exhibit P3 COPY OF THE ORDER OF NATIONAL GREEN TRIBUNAL,M PRINCIPAL BENCH, NEW DELHI DATED 22.7.2019 Exhibit P4 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 7.1.20 Exhibit P5 COPY OF LETTER ISSUED BY THE DHARMADAM PANCHAYAT DATED 3.12.2020 Exhibit P6 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 24.2.20 Exhibit P7 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 18.8.20 Exhibit P8 COPY OF THE OFFICIAL MEMORANDUM OF THE IST RESPONDENT DATED 29.1.21 Exhibit P9 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 4.2.21 Exhibit P10 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 21.4.2021 Exhibit P11 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 9.8.2004 RESPONDENTS' EXTS:
ANNEXURE R1(A): THE ADDENDUM AS PER THE OFFICE MEMORANDUM B-
13011/1/2019/20/AQM DT.16.8.2021.WP(C)Nos.11517/2020 & con.cases 130
APPENDIX OF WP(C) 17717/2021 PETITIONER EXHIBITS Exhibit P1 COPY OF LETTER OF INTEND DATED 6-08-2020 Exhibit P2 COPY OF THE APPLICATION FOR CONSENT TO ESTABLISH DATED 26-07-2021 Exhibit P3 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 7-1-2020 Exhibit P4 COPY OF THE LETTER ISSUED BY THE MEPPAYYOOR GRAMA PANCHAYATH DT 28-07-2021 Exhibit P5 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 24-2-2020 Exhibit P6 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 18-08-2020 Exhibit P7 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 29-1-2021.
Exhibit P8 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 4-2-2021 Exhibit P9 COPY OF THE CIRCULAR ISSUED BY THE 29TH RESPONDENT ON 21-04-2021 Exhibit P10 COPY OF THE ORDER OF NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI DATED 22-07-2019 Exhibit P11 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 9-8-2004 RESPONDENTS' EXTS:
ANNEXURE R1(A): ADDENDUM AS PER THE OFFICE MEMORANDUM B-
13011/1/2019/20/AQM DT.16.8.21.WP(C)Nos.11517/2020 & con.cases 131
APPENDIX OF WP(C) 17752/2021 PETITIONER EXHIBITS Exhibit P1 COPY OF THE LETTER OF INTENT ISSUED BY THE 5TH RESPONDENT DATED 20.02.2020. Exhibit P2 COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRICT COLLECTOR, DATED 30.12.20. Exhibit P3 COPY OF THE APPLICATION FOR CONSENT TO ESTABLISH DATED 6/8/21.
Exhibit P4 COPY OF THE ORDER OF NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI, DATED 22.07.2019.
Exhibit P5 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 7/1/20.
Exhibit P6 COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT 26.08.21.
EXHIBIT P7 COPY OF THE CIRCULAR ISSUED BY TEH 2ND RESPONDENT ON 24.02.20.
EXHIBIT P8 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 18/8/20.
EXHIBIT P9 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 29/01/21.
EXHIBIT P10 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 4/2/21.
EXHIBIT P11 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 21.04.21.
EXHIBIT P12 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 9/8/2004.
RESPONDENTS' EXTS:
ANNEXURE R1(A): THE ADDENDUM AS PER THE OFFICE MEMORANDUM B-
13011/1/2019/20/AQM DT.16.8.2021.WP(C)Nos.11517/2020 & con.cases 132
APPENDIX OF WP(C) 17758/2021 PETITIONER EXHIBITS Exhibit P1 COPY OF LETTER OF INTENT DATED 306.2020. Exhibit P2 COPY OF THE APPLICATION FOR CONSENT TO ESTABLISH DATED 6.8.21.
Exhibit P3 COPY OF THE ORDER OF NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI, DATED 22.7.2019. Exhibit P4 COPY OF THE OFFICIAL MEMORANDUM OF THE IST RESPONDENT DATED 7.1.20.
Exhibit P5 COPY OF THE DECISION BY TEH URGATHARA GRAMA PANCHAYATH DATED 21.1.2021.
Exhibit P6 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 24.2.2020.
Exhibit P7 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 18.8.20.
Exhibit P8 COPY OF THE OFFICIAL MEMORANDUM OF THE IST RESPONDENT DATED 29.1.21.
Exhibit P9 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 4.2.21.
Exhibit P10 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 21.4.21.
Exhibit P11 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 9.8.2004.
RESPONDENTS' EXTS:
ANNEXURE R1(A): THE ADDENDUM AS PER THE OFFICE MEMORANDUM B-
13011/1/2019/20/AQM DT.16.8.2021.WP(C)Nos.11517/2020 & con.cases 133
APPENDIX OF WP(C) 17787/2021 PETITIONER EXHIBITS Exhibit P1 COPY OF LETTER OF INTENT DATED 13-3-2019 Exhibit P2 COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRICT COLLECTOR DATED 18-06-2021 Exhibit P3 COPY OF THE APPLICATION FOR CONSENT TO ESTABLISH DATED 16-07-2021 Exhibit P4 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 7-1-2020 Exhibit P5 COPY OF THE LETTER ISSUED BY MOOLIYAR GRAMA PANCHAYAT DATED 20-07-2021 Exhibit P6 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 24-2-2020 Exhibit P7 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 18-08-2020 Exhibit P8 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 29-1-2021 Exhibit P9 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 4-2-2021 Exhibit P10 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 21-04-2021 Exhibit P11 COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT 30-06-2021 WP(C)Nos.11517/2020 & con.cases 134 APPENDIX OF WP(C) 20105/2021 PETITIONER EXHIBITS Exhibit P1 COPY OF THE LETTER OF INTENT ISSUED BY THE 5TH RESPONDENT DATED 24/12/2019.
Exhibit P2 COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRICT COLLECTOR DATED 28/01/2020. Exhibit P3 COPY OF THE APPLICATION FOR CONSENT TO ESTABLISH DATED 13/09/2021.
Exhibit P4 COPY OF THE ORDER OF NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI, DATED 22/07/2019. Exhibit P5 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 07/01/2020.
Exhibit P6 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 24/02/2020.
Exhibit P7 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 18/08/2020.
Exhibit P8 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 29/01/2021.
Exhibit P9 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 04/02/2021.
Exhibit P10 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 21/04/2021.
Exhibit P11 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 09/08/2004.
RESPONDENTS' EXTS:
EXT.R2(A): TRUE COPY OF CONSENT REFUSAL INTENTION NOTICE NO.PCB/ESC/CTE-G21ESCE777827/21 DT.29.3.21 ISSUED BY THE BOARD.
EXT.R2(B): TRUE COPY OF LETTER NO.PCB/HO/EE1/EKM-ESC/2021 DT.28.10.2021 ISSUED BY THE BOARD. EXT.R2(C): TRUE COPY OF RELEVANT PAGES OF CIRCULAR NO.PCB/T4/115/97 DT.17.3.17 ISSUED BY THE BOARD. EXT.R2(D): TRUE COPY OF ERRATUM NOTIFICATION NO.PCB/HO/HOW/RULES9/7/2019 DT.28.5.21 ISSUED BY THE BOARD.
EXT.R2(E); TRUE COPY OF JUDGMENT DT.25.10.2021 IN APPEAL NO.53 OF 2021 OF THE NGT, SOUTHERN ZONE, CHENNAI.WP(C)Nos.11517/2020 & con.cases 135
APPENDIX OF WP(C) 20113/2021 PETITIONER EXHIBITS Exhibit P1 COPY OF THE LETTER OF INTENT ISSUED BY THE 5TH RESPONDENT DATED 21.03.2019. Exhibit P2 COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRICT COLLECTOR DATED 10.05.19. Exhibit P3 COPY OF THE APPLICATION FOR CONSENT TO ESTABLISH DATED 17.09.2021.
Exhibit P4 COPY OF THE ORDER OF THIS NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI, DATED 22.07.2019.
Exhibit P5 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 07.01.20.
Exhibit P6 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 24.02.20.
Exhibit P7 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 18.08.20.
Exhibit P8 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 29.01.21.
Exhibit P9 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 04.02.21.
Exhibit P10 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 21.04.21.
Exhibit P11 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 09.08.2004.
Exhibit P12 COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE FIRE AND RESCUE SERVICES DEPARTMENT DATED 20.12.2019.
RESPONDENTS' EXHIBITS EXT.R2(A) TRUE COPY OF THE RELEVANT PAGES OF THE CIRCULAR NO.PCB/T4/115/97 DATED 17.03.2017 EXT.R2(B) TRUE COPY OF THE ERRATUM NOTIFICATION NO.PCB/HO/HOW/RULES 9/7/2019 DATED 28.5.2021 EXT.R2(C) TRUE COPY OF THE JUDGMENT DTED 25.10.2021 IN APPEAL NO.53 OF 2021 OF THE HON'BLE NGT, SOUTHERN ZONE, CHENNAI WP(C)Nos.11517/2020 & con.cases 136 APPENDIX OF WP(C) 25770/2021 PETITIONER EXHIBITS Exhibit P1 COPY OF THE LETTER OF INTENT ISSUED BY THE 5TH RESPONDENT DATED 26.02.2019.
Exhibit P2 COPY OF THE NO OBJECTION CERTIFICATE DATED 12.06.2020.
Exhibit P3 COPY OF THE APPLICATION FOR CONSENT TO ESTABLISH DATED 5.10.21.
Exhibit P4 COPY OF THE ORDER OF NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI, DATED 22.07.2019.
Exhibit P5 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 7.1.2020 Exhibit P6 COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DT.4.11.2021.
Exhibit P7 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 24.2.20 Exhibit P8 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 18.8.20.
Exhibit P9 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 29.1.21.
Exhibit P10 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 4.2.21.
Exhibit P11 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 21.4.21.
Exhibit P12 COPY OF THE INITIAL APPROVAL OF PESO DATED 19.11.2019.
WP(C)Nos.11517/2020 & con.cases 137APPENDIX OF WP(C) 3350/2022 PETITIONER EXHIBITS Exhibit P1 COPY OF LETTER OF APPOINTMENT DATED 31.05.2019. Exhibit P2 COPY OF THE APPLICATION FOR CONSENT TO ESTABLISH DATED 23.09.21.
Exhibit P3 COPY OF THE ORDER OF THIS NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI, DATED 22.07.2019.
Exhibit P4 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 7.1.20.
Exhibit P5 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 24.2.20.
Exhibit P6 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 18.8.20.
Exhibit P7 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 29.01.21.
Exhibit P8 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 4.2.21.
Exhibit P9 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 21.4.21.
Exhibit P10 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 9/8/2004.
Exhibit P11 COPY OF THE PESO INITIAL LICENSE DATED 29.10.2019.
WP(C)Nos.11517/2020 & con.cases 138APPENDIX OF WP(C) 5963/2022 PETITIONER EXHIBITS Exhibit P1 COPY OF LETTER OF INTENT DATED 13/1/2020 Exhibit P2 COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY DISTRICT COLLECTOR Exhibit P3 COPY OF THE APPLICATION FOR CONSENT TO ESTABLISH DATED 17/2/2022.
Exhibit P4 COPY OF THE ORDER OF NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI, DATED 22.07.2019 Exhibit P5 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 7/1/2020 Exhibit P6 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 24/2/2010 Exhibit P7 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 18/8/20.
Exhibit P8 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 29.1.21 Exhibit P9 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 4.2.21 Exhibit P10 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 21/4/21.
Exhibit P11 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 9/8/2004.
WP(C)Nos.11517/2020 & con.cases 139APPENDIX OF WP(C) 6375/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 07.01.2022 PASSED BY THE 5TH RESPONDENT IN APPEAL NO.14 OF 2021.
Exhibit P2 TRUE COPY OF THE APPEAL NO.14 OF 2021 FILED BEFORE THE 5TH RESPONDENT.
Exhibit P3 TRUE COPY OF THE E-MAIL DATED 08.03.2019 RECEIVED FROM THE 6TH RESPONDENT.
Exhibit P4 TRUE COPY OF THE ORDER DATED 05.02.2020 OF THE MUNSIFF COURT, KOLLAM IN I A NO.3410 OF 2019 IN OS NO.426 OF 2019.
Exhibit P5 TRUE COPY OF LETTER DATED 05.10.2020 SENT BY THE 6TH RESPONDENT TO THE DISTRICT COLLECTOR. Exhibit P6 TRUE COPY OF THE DECISION OF THE PERAYAM GRAMA PANCHAYATH DATED 09.11.2020. Exhibit P7 TRUE COPY OF THE LETTER DATED 19.10.2020 SENT BY THE DISTRICT COLLECTOR.
Exhibit P8 TRUE COPY OF THE ORDER DATED 03.02.2021 OF THE DISTRICT TOWN PLANNER, KOLLAM APPROVING THE LAYOUT FOR THE BUILDINGS AS WELL AS USAGE OF THE PROPERTY.
Exhibit P9 TRUE COPY OF THE ONLINE INDUSTRY REGISTRATION DATED 02.12.2020.
Exhibit P10 TRUE COPY OF THE REPORT DATED 21.12.2020 OF THE DISTRICT POLICE CHIEF, KOLLAM RURAL. Exhibit P11 TRUE COPY OF THE SANCTION DATED 05.01.2021 OBTAINED FROM THE FIRE AND RESCUE SERVICE DEPARTMENT.
Exhibit P12 TRUE COPY OF THE NOTICE OF INTENTION TO REFUSE CONSENT TO ESTABLISH DATED 23.02.2021. Exhibit P13 TRUE COPY OF THE REFUSAL ORDER DATED 18.06.2021 ISSUED BY THE 4TH RESPONDENT. Exhibit P14 TRUE COPY OF CIRCULAR NO.PCB/HO/HOW/RULES 9/7/2019 DATED 24.02.2020 ISSUED BY THE 3RD RESPONDENT.
Exhibit P15 TRUE COPY OF CIRCULAR NO.PCB/HO/HOW/RULES9/7/2019 DATED 18.08.2020 ISSUED BY THE 3RD RESPONDENT.
WP(C)Nos.11517/2020 & con.cases 140APPENDIX OF WP(C) 1513/2022 PETITIONERS' EXHIBITS Exhibit P1 THE TRUE PHOTOCOPY OF THE LETTER OF INTENT ISSUED BY THE 9TH RESPONDENT IN FAVOUR OF THE PARTNERS OF THE 10TH RESPONDENT. Exhibit P2 THE TRUE PHOTOCOPY OF THE PRIOR APPROVAL INTIMATION NO. A/P/SE/KL/14/3780 (P453171), DATED 29.8.2019 TO THE 9TH RESPONDENT FROM THE DEPUTY CONTROLLER OF EXPLOSIVE (FOR JOINT CHIEF CONTROLLER OF EXPLOSIVES) CHANNAI.
Exhibit P3 TRUE PHOTOCOPY OF THE APPLICATION FOR GRANT OF NOC FOR OUTLET SUBMITTED BY 9TH RESPONDENT DATED 6.5.2019 BEFORE THE 2ND RESPONDENT.
Exhibit P4 TRUE PHOTOCOPY OF THE REPORT OF THE 4TH RESPONDENT DATED 25.11.2019 TO 2ND RESPONDENT DISTRICT COLLECTOR.
Exhibit P5 TRUE PHOTOCOPY OF THE JUDGMENT PASSED BY THE HONBLE HIGH COURT IN WPC NO. 28473/2019. Exhibit P6 TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE 5TH RESPONDENT REGIONAL FIRE OFFICER, FIRE AND RESCUE DATED 2.12.2019.
Exhibit P7 TRUE PHOTOCOPY OF THE REPORT SUBMITTED BY THE TAHSILDAR, KOCHI DATED 2.12.2019. Exhibit P8 TRUE PHOTOCOPY OF THE CONSENT TO ESTABLISH ISSUED TO THE 10TH RESPONDENT BY THE 8TH RESPONDENT.
Exhibit P9 TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT ADM, ERNAKULAM DATED 3.2.2021. Exhibit P10 TRUE PHOTOCOPY OF THE OFFICE MEMORANDUM AND GUIDELINES FOR SETTING UP NEW PETROL PUMP DATED 7.1.2020 ISSUED BY CENTRAL POLLUTION CONTROL BOARD, DELHI.
Exhibit P11 TRUE PHOTOCOPY OF THE CIRCULAR PCB/HO/HOW/RULES-89/7/2019 DATED 24.02.2020. Exhibit P12 TRUE PHOTOCOPY OF THE SITE PLAN PREPARED AND SUBMITTED BEFORE THE 8TH RESPONDENT FOR OBTAINING CONSENT TO OPERATE BY THE RESPONDENT NO.10.
Exhibit P13 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 15.3.2021 SUBMITTED BY THE PETITIONERS BEFORE THE DISTRICT COLLECTOR, ERNAKULAM.
WP(C)Nos.11517/2020 & con.cases 141Exhibit P14 TRUE PHOTOCOPY OF THE HEARING NOTICE DATED 1.10.2021 FIXING THE DATE OF HEARING AS 4.10.2021 ISSUED BY THE 3RD RESPONDENT.
WP(C)Nos.11517/2020 & con.cases 142APPENDIX OF WP(C) 1942/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DATED 30-09-2019 Exhibit P2 TRUE COPY OF THE LETTER DATED 28-10-2019 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT Exhibit P3 TRUE COPYOF THE NO OBJECTION CERTIFICATE ISSUED BY THE FIRE AND RESCUE SERVICES DATED 16-12-2019 Exhibit P4 TRUE COPY OF THE CONSENT LETTER DATED 4-12-2019 ISSUED BY THE SECRETARY MANKARA GRAMA PANCHAYAT ALONG WITH THE DECISION OF THE PANCHAYAT COMMITTEE DATED 03-12-2019 Exhibit P5 TRUE COPY OF THE PETITIONER'S PARTNERSHIP DEED DATED 07-03-2019 Exhibit P6 TRUE COPY OF THE ORDER BEARING NO PCB/PLKD/ICE/16223747/2021 DATED 10-12-2021 ISSUED BY THE 4TH RESPONDENT Exhibit P7 TRUE COPY OF THE CIRCULAR BEARING NO PCB/AQC/18/2004 DATED 09-08-2004 ISSUED BY THE 4TH RESPONDENT Exhibit P8 TRUE COPY OF THE CIRCULAR BEARING NO PCB/T4/115/97 DATED 17-03-2017 ISSUED BY THE 4TH RESPONDENT Exhibit P9 TRUE COPY OF HE CIRCULAR BEARING NO.
PCB/HO/HOW/RULES 9/7/2019 24-02-2020 ISSUED BY THE 4TH RESPONDENT Exhibit P10 TRUE COPY OF THE CIRCULAR BEARING NO.
PCB/HO/HOW/RULES 9/7/2019 DATED 18-08-2020 ISSUED BY THE 4TH RESPONDENT Exhibit P11 TRUE COPY OF THE CIRCULAR BEARING NO PCB/HO/HOW/RULES 9/7/2019 DATED 21-04-2021 ISSUED BY THE 4TH RESPONDENT Exhibit P12 TRUE COPY OF THE NOTICE BEARING NO.
DCPKD/15264/2019-D3 DATED 16-12-2021 ISSUED BY THE 1ST RESPONDENT Exhibit P13 TRUE COPY OF THE WRITTEN EXPLANATION DATED 17-12- 2021 SUBMITTED BY THE PETITIONER Exhibit P14 TRUE COPY OF THE ORDER BEARING NO DCPKD/15264/2019-D3 DATED 23-12-2021 ISSUED BY THE 2ND RESPONDENT WP(C)Nos.11517/2020 & con.cases 143 APPENDIX OF WP(C) 4498/2022 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE REPORT OF THE EXECUTIVE ENGINEER, PWD ROADS DIVISION DATED 20/9/2019.
Exhibit P2 THE TRUE COPY OF THE REPORT OF THE DISTRICT SUPPLY OFFICER, CIVIL SUPPLIES DEPARTMENT DATED 3/10/2019.
Exhibit P3 THE TRUE COPY OF THE REPORT OF THE TAHASILDAR, TALUK OFFICE, THIRUVANANTHAPURAM TO THE DISTRICT COLLECTOR THIRUVANANTHAPURAM DATED 24/08/2019.
Exhibit P4 COPY OF THE CIRCULAR DATED 24.02.2020 OF THE KERALA STATE POLLUTION CONTROL BOARD. Exhibit P5 THE TRUE COPY OF THE REPRESENTATION TO THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM DATED 31/1/2022.
EXHIBIT P6 COPY OF THE REPRESENTATION DATED 14.02.2022 FILED BEFORE THE 4TH RESPONDENT EXHIBIT P6(A) COPY OF THE RECEIPT DATED 14.02.2022 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT WP(C)Nos.11517/2020 & con.cases 144 APPENDIX OF WP(C) 7185/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER ISSUED BY THE INDIAN OIL CORPORATION TO THE PETITIONER DATED 24.7.2007 Exhibit P2 TRUE COPY OF THE AGREEMENT FOR DEALER CONTROLLED OUTLET EXECUTED BY THE PETITIONER DATED 30.4.2007 IN FAVOUR OF THE RESPONDENTS Exhibit P3 TRUE COPY OF THE LETTER DATED 3.2.2022 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER'S HUSBAND ALONG WITH DETAILS PERTAINING TO THE 5TH RESPONDENT'S PROPOSED OUTLET Exhibit P4 TRUE COPY OF THE CIRCULAR BEARING NO PCB/HO/HOW/RULES 9/7/2019 DATED 24.2.2020 Exhibit P5 TRUE COPY OF THE COMPLAINT SUBMITTED BY SHAMMI BEFORE THE 4TH RESPONDENT DATED 14.2.2022 Exhibit P5(A) TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT EVIDENCING RECEIPT OF THE COMPLAINT OF SHAMMI BY THE 4TH RESPONDENT Exhibit P6 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 10.2.2022