K.Sarathchandran Nair vs. Kerala State Pollution Control Board - Kerala High Court, 26 September 2018

Heard together (2 matters)

T.C.NO.30/16

T.C.NO.12/96

Read from the judgment's own cause title. This page is filed under one of them.

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY,THE 26TH DAY OF SEPTEMBER 2018 / 4TH ASWINA, 1940 WP(C).No. 31439 of 2018 PETITIONER/S: K.SARATHCHANDRAN NAIR AGED 62 YEARS S/O. LATE KRISHNAPILLAI OF T.C.NO.30/1617(1), ENFIL ENGINEERING WORKS, PALLIMUKU, PETTAH P.O., THIRUVANANTHAPURAM - 695 024. BY ADV. SRI.D.GANESH KUMAR RESPONDENT/S: 1 KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS CHAIRMAN, HAVING BY ITS OFFICE AT PLAMOODU, PATTOM, THIRUVANANTHAPURAM DISTRICT - 695 004. 2 THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, T.C.NO.12/96(4,5), PLAMOOD JUNCTION, PATTOM, THIRUVANANTHAPURAM DISTRICT-695004.. R1 & R2 BY ADV.SRI.NAVEEN,T, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31439 of 2018 2

JUDGMENT According to the petitioner, petitioner is having a lease hold right for an extent of 4.5 cents of property comprised in Sy.No.42/2 of Vanchiyoor village, Thiruvananthapuram district and the present owner of the property is one R.Mohan. It is the case of the petitioner that industrial activity is being undertaken in the aforesaid property, however, while continuing so, Ext.P9 notice dated 4.9.2018, is issued by the 2nd respondent, apparently, a closure intention notice. To Ext.P9, petitioner has already submitted Ext.P10, evident from Ext.P11 postal acknowledgement. In that view of the matter, I am of the considered opinion that the issue is at a preliminary stage and the 2nd respondent can be directed to attain finality to Ext.P9. 2. Having heard learned counsel for the petitioner and the standing counsel for the respondents, there will be a direction to the 2nd respondent to attain finality at the earliest to the action initiated under Ext.P9, taking into account, Ext.P10 objection submitted by the petitioner and attain finality at the earliest, and at any rate, within one month from the date of receipt of a copy of this judgment, after

WP(C).No. 31439 of 2018 3 providing notice of hearing and participation to the petitioner. The writ petition is disposed of, accordingly. SHAJI P.CHALY JUDGE uu 28.09.2018

WP(C).No. 31439 of 2018 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF CERTIFICATE OF PERMANENT REGISTRATION ASS A SSI UNIT ISSUED BY DEPARTMENT OF INDUSTRIES AND COMMERCE DATED 11.04.1986 IN FAVOUR OF ENFIL ENGINEERING WORKS,THIRUVANANTHAPURAM. EXHIBIT P2OF THE CERTIFICATE OF ACKNOWLEDGMENT FROM THE DEPARTMENT OF INDUSTRIES,GOVERNMENT OF KERALA DATED 09.10.2012. EXHIBIT P3OF CERTIFICATE OF PROVISIONAL REGISTRATION (FORM GST REG-25)ISSUED BY THE GOVERNMENT OF KERALA DATED 28.06.2017. EXHIBIT P4OF THE LICENSE DATED 04.12.2017 ISSUED BY DEPARTMENT OF FACTORIES AND BOILERS,TO ENFIL ENGINEERING WORK,THIRUVANANTHAPURAM. EXHIBIT P5OF PROPERTY TAX RECEIPT DATED 27.02.2018 WITH RESPECT TO BUILDING NO.T.C.30/1617(1) EXHIBIT P6OF PROFESSIONAL TAX RECEIPT BEARING NO.0824127 DATED 20.02.2018 ISSUED BY THIRUVANANTHAPURAM CORPORATION IN FAVOUR OF ENFIL ENGINEERING WORKS. EXHIBIT P7OF THE RECEIPT DATED 25.02.2017 ISSUED FOR LICENSE FEES COLLECTED FOR THE PERIOD 2017-2018 FOR ENFIL ENGINEERING WORKS,PETTAH,THIRUVANANTHAPURAM. EXHIBIT P8OF APPLICATION DATED 26.02.2018,SUBMITTED ON 28.02.2018 FOR RENEWAL OF LICENSE FOR THE PERIOD 2018-2019 OF ENFIL ENGINEERING WORKS,PETTAH,THIRUVANANTHAPURAM. EXHIBIT P9 CLOSURE INTENTION NOTICE DATED 04.09.2018 BEARING NO.PCB/TVM- DO/COMP/329/2018 ISSUED BY ENVIRONMENTAL ENGINEER,KERALA STATE POLLUTION CONTROL BOARD,DISTRICT

WP(C).No. 31439 of 2018 5 OFFICE,THIRUVANANTHAPURAM(ORDER UNDER CHALLENGE). EXHIBIT P10 OBJECTION SUBMITTED ON 15.09.2018 BY THE APPELLANT K.SARATHCHANDRAN NAIR BEFORE THE ENVIRONMENTAL ENGINEER,KERALA STATE POLLUTION CONTROL BOARD,DISTRICT OFFICE,THIRUVANANTHAPURAM. EXHIBIT P11OF POSTAL RECEIPT DATED 15.09.2O18 EXHIBIT P12OF RECEIPT DATED 15.09.2018 ISSUED BY KERALA STATE POLLUTION CONTROL BOARD. RESPONDENT'S EXHIBITS:NIL //// P.A. TO JUDGE