Kerala High Court
M/S. Paragon Steels Private Limited vs The Kerala State Pollution Control ...
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 2ND DAY OF MARCH 2017/11TH PHALGUNA, 1938
WP(C).No. 6924 of 2017 (M)
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PETITIONER(S):
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M/S. PARAGON STEELS PRIVATE LIMITED
INDUSTRIAL DEVELOPMENT AREA, KANJIKODE WEST,
PALAKKAD, REPRESENTED BY ITS DIRECTOR,
M.PARAMASIVAM.
BY ADVS.SRI.M.K.DAMODARAN (SR.)
SRI.ALAN PAPALI
SRI.GILBERT GEORGE CORREYA
SRI.NISHIL.P.S.
SRI.J.VIMAL
SRI.A.VELAPPAN NAIR
RESPONDENT(S):
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1. THE KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY THE MEMBER SECRETARY,
PLAMOODU JUNCTION, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM.695 004.
2. THE CHIEF ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD,
REGIONAL OFFICE, KOZHIKODE, 3RD FLOOR,
ZAMORIN'S SQUARE, LINK ROAD, KOZHIKODE.673 002.
3. THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM.695 001.
R BY GOVERNMENT PLEADER SRI.SURNIN GEORGE IPE
R BY SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02-03-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 6924 of 2017 (M)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE CONSENT TO OPERATE INDUSTRIAL PLANT
DATED 08.05.1996 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE INTEGRATED CLEARANCE TO OPERATE-
RENEWAL DATED 01.10.2012 ISSUED TO THE PETITIONER BY THE KERALA
STATE POLLUTION CONTROL BOARD.
EXHIBIT P3 TRUE COPY OF THE REQUEST DATED 09.04.2015 SUBMITTED BY
THE PETITIONER BEFORE THE ENVIRONMENTAL ENGINEER, KERALA STATE
POLLUTION CONTROL BOARD, PALAKKAD, WITHOUT ENCLOSURES.
EXHIBIT P3(A) TRUE COPY OF THE DEMAND DRAFT DATED 30.03.2015 ISSUED
IN FAVOUR OF THE KERALA STATE POLLUTION CONTROL BOARD ALONG
WITH THE ONLINE INDUSTRY REGISTRATION RECEIPT AND PASSWORD
RECOVERY DETAILS.
EXHIBIT P4 TRUE COPY OF THE STATUS IN RESPECT OF EXT.P3, OBTAINED
FROM THE ONLINE CONSENT MANAGEMENT & MONITORING SYSTEM OF THE
1ST RESPONDENT, DATED 08.04.2016, WITH ACKNOWLEDGMENT.
EXHIBIT P5 TRUE COPY OF THE STATUS IN RESPECT OF EXT.P3, OBTAINED
FROM THE ONLINE CONSENT MANAGEMENT & MONITORING SYSTEM OF THE
1ST RESPONDENT, DATED 26.04.2016.
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 04.11.2016 ISSUED
TO THE PETITIONER BY THE ENVIRONMENTAL ENGINEER OF THE 1ST
RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 04.11.2016 ISSUED
TO THE PETITIONER BY THE ENVIRONMENTAL ENGINEER, KERALA STATE
POLLUTION CONTROL BOARD, DISTRICT OFFICE, PALAKKAD.
EXHIBIT P8 TRUE COPY OF THE INVOICE DATED 30.08.2016 ISSUED TO THE
PETITIONER BY NEVCO ENGINEERS PVT. LTD., NEW DELHI.
EXHIBIT P9 TRUE COPY OF THE INVOICE DATED 17.12.2016 ISSUED TO THE
PETITIONER BY NEVCO ENGINEERS PVT. LTD., NEW DELHI.
EXHIBIT P10 TRUE COPY OF THE COMMUNICATION DATED 22.12.2016 ISSUED
TO THE PETITIONER BY NEVCO ENGINEERS PVT. LTD.
EXHIBIT P11 TRUE COPY OF THE CONSENT REFUSAL INTENSION NOTICE
DATED 08.12.2016 ISSUED TO THE PETITIONER BY THE KERALA STATE
POLLUTION CONTROL BOARD, DISTRICT OFFICE, PALAKKAD.
EXHIBIT P12 TRUE COPY OF THE COMMUNICATION DATED 26.12.2016 FROM
THE PETITIONER TO THE KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, PALAKKAD, WITHOUT ENCLOSURES.
W.P.(C).NO.6924/2017
EXHIBIT P13 TRUE COPY OF THE CONSENT REFUSAL ORDER DATED 01.02.2017
ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT.
EXHIBIT P14 TRUE COPY OF THE REPLY DATED 10.02.2017 FROM THE
PETITIONER TO THE 2ND RESPONDENT, WITHOUT ENCLOSURES.
EXHIBIT P14(A) TRUE COPY OF THE COMMUNICATION DATED 15.02.2017 FROM
THE PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P14(B) TRUE COPY OF THE APPLICATION DATED 18.02.2017 SUBMITTED
BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR RENEWAL OF THE
CONSENT TO OPERATE.
EXHIBIT P15 TRUE COPY OF THE STATUS OF THE APPLICATION DATED
08.02.2017 FROM THE ONLINE MANAGEMENT & MONITORING SYSTEM
MAINTAINED BY THE 1ST RESPONDENT.
EXHIBIT P16 TRUE COPY OF THE COMMUNICATION DATED 04.02.2017 FROM
THE PETITIONER TO THE ENVIRONMENTAL ENGINEER, KERALA STATE
POLLUTION CONTROL BOARD, PALAKKAD.
RESPONDENT(S)' EXHIBITS: NIL.
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//TRUE COPY//
P.S.TO JUDGE
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).NO.6924 OF 2017 (M)
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Dated this the 2nd day of March, 2017
J U D G M E N T
The petitioner has approached this Court aggrieved by Ext.P13 order, by which, a consent to operate that was issued in favour of the petitioner was cancelled by the respondent Kerala State Pollution Control Board. In the writ petition, it is the specific case of the petitioner that, while he was asked to cure certain defects with regard to the pollution control measures, and he had, by Ext.P12 explanation, indicated the reasons as to why the necessary measures could not be adopted within time, and further, he has immediately thereafter, rectified the defects pointed out in Ext.P13, the said order was passed without noticing these facts. It is stated that, he has since preferred Exts.P14 and P14(a) replies pointing out the rectifications and defects stated, and consequent compliance with the norms stipulated by the Pollution Control Board, and hence there is no need to implement Ext.P13 order at this stage.
2. I have heard the learned counsel for the petitioner as also W.P.(C).No.6924/2017 2 the learned Standing counsel for the respondent Kerala State Pollution Control Board.
On a consideration of the facts and circumstances of the case as also the submissions made across the bar, and taking note of the averments of the learned counsel for the petitioner, based on Exts.P14 and P14(a) replies that he has sent to the respondent Board, I dispose the writ petition with the following directions:
(i) The respondent Board shall, within a period of two weeks from the date of receipt of a copy of this judgment, consider Exts.P14 and P14(a) replies submitted by the petitioner to Ext.P13 order that was served on him, and decide as to whether the irregularities pointed out by the respondent Board have since been rectified by the petitioner.
(ii) I make it clear that, till such time as orders are passed by the respondent Board, based on Exts.P14 and P14(a) replies that have been submitted by the petitioner, the operation of Ext.P13 shall be kept in abeyance.
(iii) The petitioner shall produce a copy of the writ W.P.(C).No.6924/2017 3 petition along with a copy of this judgment before the respondent Board, for further action.
A.K.JAYASANKARAN NAMBIAR JUDGE prp/2/3/17