Kerala High Court
Dr.Jojo Enas vs Kerala State Pollution Control Board on 15 October, 2015
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 22ND DAY OF MARCH 2016/2ND CHAITHRA, 1938
WP(C).No. 10998 of 2016 (Y)
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PETITIONER(S):
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DR.JOJO ENAS,
QUEEN MARY HOSPITAL, KONNY P.O.,
PATHANAMTHITTA. PIN-689691.
BY ADVS. SRI.JACOB P.ALEX
SRI.JOSEPH P.ALEX
RESPONDENT(S):
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1. KERALA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS ENVIRONMENTAL ENGINEER,
MAKKANKUNNU, PATHANAMTHITTA, PIN-689645.
2. CHAIRMAN,
KERALA STATE POLLUTION CONTROL BOARD,
THIRUVANANTHAPURAM-695001.
3. THE KONNI GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, KONNY P.O.,
PATHANAMTHITTA, PIN-689691.
4. MATSYAFED,
REPRESENTED BY ITS MANAGER,
MAYSYAFED FISH STALL, KONNI,
PATHANAMTHITTA, PIN-689691.
5. THE DISTRICT COLLECTOR,
PATHANAMTHITTA, PIN-689691.
6. THE SUPERINTENDENT OF POLICE,
PATHANAMTHITTA, PIN-689645.
R1 & 2 BY SRI.M.R.ARUNKUMAR, SC,
R4 BY SRI.GEORGE POONTHOTTAM, SC
R5 &N 6 BY GOVERNMENT PLEADER SRI.GIKKU JACOB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22-03-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
PJ
WP(C).No. 10998 of 2016 (Y)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1- TRUE COPY OF THE LOCATION PLAN OF SRY. NO.120/14, WARD
NO.17 KONNI GRAMA PANCHAYAT.
EXHIBIT P2- TRUE COPY OF THE REPRESENTATION DATED 15/10/2015
SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P3- TRUE COPY OF THE JUDGMENT DATED 28/10/2015 IN WPC 32682
OF 2015.
EXHIBIT P4- TRUE COPY OF THE ORDER DATED 02/12/2015 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P5- TRUE COPY OF THE JUDGMENT DATED 08/02/2016 IN WP(C)39368
OF 2015.
EXHIBIT P6- TRUE COPY OF THE CONSENT REFUSAL INTENTION NOTICE DATED
29/02/2016.
EXHIBIT P7- TRUE COPY OF THE D & O LICENSE DATED 30/09/2015 OF THE
4TH RESPONDENT.
RESPONDENT(S)' EXHIBITS
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
A. MUHAMED MUSTAQUE, J.
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W.P.(C).No. 10998 of 2016
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Dated this the 22nd day of March, 2016
JUDGMENT
The petitioner is the doctor, runs an hospital. The issue is relating to the fish stall operated by the 4th respondent. When a closure order was issued, the 4th respondent has approached this Court.
2. In W.P.(C). No. 39368/2015, this Court had directed the 4th respondent to obtain consent from the Kerala State Pollution Control Board.
3. The petitioner submits that the Kerala State Pollution Control Board refused to issue consent and therefore, the unit shall be closed down.
3. In such circumstances, the following directions are issued:
W.P.(C).No. 10998 of 2016 -2-
i) If the Kerala State Pollution Control Board has refused to issue consent necessarily, the unit run by the 4th respondent shall be directed to close down forthwith.
ii) Appropriate action shall be taken by the 2nd and 3rd respondents to implement the order.
iii) However, it is made clear that if no decision is taken so far, the 4th respondent can be permitted to continue till a decision is taken by the Kerala State Pollution Control Board.
iv) The police, on request from the Board or the Panchayath, shall provide necessary assistance, if necessary.
The writ petition is disposed of as above.
Sd/-
A. MUHAMED MUSTAQUE JUDGE bpr