M/S. Sangrose Laboratories PVT. LTD. vs. Environmental Engineer, Kerala State Pollution Control Board - Kerala High Court, 05 November 2018

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY ,THE 05TH DAY OF NOVEMBER 2018 / 14TH KARTHIKA, 1940 WP(C).No. 2701 of 2018 PETITIONER: M/S. SANGROSE LABORATORIES PVT. LTD. REPRESENTED BY ITS DIRECTOR, THOMAS ALEXANDER INDUSTRIAL ESTATE, KALLIMEL P.O., MAVELIKARA, ALAPPUZHA DISTRICT-690509. BY ADVS. SRI.C.RAJENDRAN SRI.B.K.GOPALAKRISHNAN RESPONDENT: ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, ALAPUZHA, THONDANKULANGARA, THATHAMPPALLY P.O., ALAPUZHA-688013. BY SRI.T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2701 of 2018 2

JUDGMENT This writ petition is filed by the petitioner seeking the following reliefs: (i) To issue a writ in the nature of Certiorari or any other writ, order or direction to call for the entire records leading to the issue of Ext.P22

Consent

Refusal

Order No.PCB/ALP/ICO/REFUSAL/o4/2018 dated 19.1.2018 and quash the same. (ii) To issue a writ in the nature of Mandamus or any other writ, order or direction compelling and commanding the respondent to afford an opportunity of personal hearing to the petitioner and to grant sufficient time to the petitioner to comply with the directions issued by the respondent. (iii) To issue a writ in the nature of Mandamus or any other writ, order or direction compelling and commanding the respondents to give clear direction to the petitioner company regarding the actual works to be performed by the petitioner so that polluting problems, if any, solved once for all. (iv) to pass any other appropriate order or direction as this Honourable Court deem fit and proper in the facts and circumstances of the case.

Apparently petitioner company was running on the basis of a consent issued by the authority under the Kerala State Pollution Control Board. When the consent was about to expire, Ext.P16 application was submitted by the petitioner seeking renewal of the consent, which was declined as per Ext.P22 order assigning certain deficiency on technical aspects. According to the petitioner, petitioner has thereafter rectified the defects and has submitted Ext.P24 representation, however, no action was initiated. It was at that juncture petitioner has filed this writ petition.

I have heard learned counsel for petitioner, learned Standing Counsel for Kerala State Pollution Control Board and perused the pleadings and documents on record.

By virtue of the interim order granted by this court on 25.01.2018, the establishment is being operated. Learned counsel for petitioner submitted that, the situation would suffice, if a direction is issued to adjudicate the issue by taking into account Ext.P24 representation submitted by the petitioner, especially due to the fact that, petitioner has rectified the technical defects as is pointed out in Ext.P22. But learned Standing Counsel for the Pollution Control Board submitted that, if the petitioner is submitting a fresh application for issuing consent to the establishment, the same will be considered by the respondent.

Taking into account the facts and circumstances of the case, I am not going in the details of the report filed by the Pollution Control Board and the pleadings put forth. Therefore, there will be a direction to the petitioner to submit a fresh application within three weeks from the date of receipt of a copy of this judgment, which shall be considered by the respondent in accordance with law, after conducting due inspection and attain finality within two months thereafter. Till such time, the interim order passed by this court and in force now, will continue to operate. Writ petition is disposed of accordingly. Smv 8.11.2018 SHAJI P.CHALY JUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE PHOTOCOPY OF THE CERTIFICATE CORPORATION OF M/S.SANGROSE LABORATORIES PVT. LTD. DATED 29.1.1987. EXHIBIT P2 A TRUE PHOTOCOPY OF THE CHANGE OF REGISTERED OFFICE BY CHANGING FROM MADHYA PRADESH TO KERALA DATED 1.3.1996. EXHIBIT P3 A TRUE PHOTOCOPY OF THE CERTIFICATE OF PERMANENT REGISTRATION AS SSI DATED 16.1.1988 ISSUED BY DIC, ALAPUZHA. EXHIBIT P4 A TRUE PHOTOCOPY OF THE UDYOG ADHAR MEMORANDUM ISSUED BY MINISTRY OF MICRO, SMALL & MEDIUM ENTERPRISES SHOWING COMMENCEMENT OF PRODUCTION ON 16.1.1988. EXHIBIT P5 A TRUE PHOTOCOPY OF THE FACTORY LICENCE ISSUED BY DEPARTMENT OF FACTORIES & BOILERS, KOLLAM UPTO 31.12.2018. EXHIBIT P6 A TRUE PHOTOCOPY OF THE KVAT CERTIFICATE OF REGISTRATION VALID FROM 1.4.2005. EXHIBIT P7 A TRUE PHOTOCOPY OF THE GST REGISTRATION CERTIFICATE DATED 21.9.2017. EXHIBIT P8 A TRUE PHOTOCOPY OF THE CERTIFICATE OF GOOD MANUFACTURING PRACTICES RECOMMENDED BY WHO ISSUED BY DRUGS CONTROL DEPT. VALID UP TO 31.12.2017. EXHIBIT P9 A TRUE PHOTOCOPY OF THE CERTIFICATE OF RENEWAL OF LICENCE TO MANUFACTURE FOR SALE OF DRUGS VALID UP TO 19.3.2018. EXHIBIT P10 A TRUE PHOTOCOPY OF THE WRITTEN CONFIRMATION FOR ACTIVE SUBSTANCES IMPORTED TO EUROPEAN UNION DATED 24.4.2017. EXHIBIT P11 A TRUE PHOTOCOPY OF THE ACCREDITATION CERTIFICATE OF FOREIGN DRUG MANUFACTURER. EXHIBIT P12 AOF BALANCE SHEET OF COMPANY AS AT 31.3.2017. EXHIBIT P13 A TRUE PHOTOCOPY OF PURCHASE ORDER FROM CMSS, NEW DELHI DATED 19.1.2018. EXHIBIT P14 AOF PURCHASE ORDER FROM SANDOZ PRIVATE LTD. MUMBAI DATED 22.4.2016. EXHIBIT P15 A TRUE PHOTOCOPY OF THE CONSENT TO OPERATE RENEWAL ISSUED BY POLLUTION CONTROL BOARD UPTO 30.6.2015. EXHIBIT P16 AOF THE RENEWAL APPLICATION FOR CONSENT SUBMITTED TO PCB DATED 2.6.2015. EXHIBIT P17 A TRUE PHOTOCOPY OF LETTER OF PCB DATED 2.11.2016 REGARDING COMPLAINT AGAINST UNIT BY OUTSIDER. EXHIBIT P18 AOF LETTER OF M/S.SANGROSE TO PCB REGARDING WASTE MANIFEST - DISPOSAL OF SLUDGE DATED 17.11.2016. EXHIBIT P19 A TRUE PHOTOCOPY OF LETTER ISSUED BY COMPANY TO PCB DATED 10.12.2016. EXHIBIT P20 AOF LETTER PCB TO COMPANY ISSUING NOTICE DATED 16.12.2017 RECEIVED BY COMPANY ON 30.12.2017. EXHIBIT P21 A TRUE PHOTOCOPY OF REPLY TO NOTICE SUBMITTED BY COMPANY TO PCB DATED 12.1.2018 (WITHIN 15 DAYS). EXHIBIT P22 AOF CONSENT REFUSAL ORDER DATED 19.1.2018, WITHOUT GIVING ANY HEARING. EXHIBIT P23 A TRUE PHOTOCOPY OF RESOLUTION OF BOARD OF DIRECTORS DATED 20.1.2018. EXHIBIT P24 AOF QUOTATION OF ITEMS OF POLLUTION CONTROL MEASURES SUBMITTED BY CONSULTANT DATED 6.1.2018. EXHIBIT P25 A TRUE PHOTOCOPY OF RELEVANT PAGE OF WIKIPEDIA WEBSITE. EXHIBIT P26 AOF TEST REPORTS DATED 22.2.2017, 15.5.2017 AND 20.11.2017. RESPONDENTS' ANNEXURES: ANNEXURE-R1(A)OF THE CONSENT TO OPERATE DATED 10/2/2014. ANNEXURE-R1(b):OF THE NOTICE DATED 2/11/2016 ISSUED BY THE PCB. ANNEXURE R1(c) :OF THE NOTICE DATED 25/11/2016 ISSUED BY THE PCB. ANNEXURE R1d):OF THE ANALYSIS REPORT OF THE SAMPLE COLLECTED. ANNEXURE R1 (e):OF THE CONSENT REFUSAL INTENTION NOTICE DATED 16/12/2017 ISSUED BY THE PCB. ANNEXURE R1f):OF THE CONSENT REFUSAL ORDER DATED 19/1/2018 ISSUED BY THE PCB. ANNEXURE-R1(g):OF THE ANALYSIS REPORT DATED 12/3/2018 ANNEXURE-R1(h):OF THE PROPOSALS SUBMITTED BY THE UNIT.