Aneesan P. Alias Aneesh vs. Kerala State Pollution Control Board
Held
The Court held that the circulars issued by KSPCB regarding siting requirements for petroleum outlets cannot be insisted upon, citing a Supreme Court judgment. It also found that obtaining consent from KSPCB was not a mandatory requirement.
Facts
The petitioners sought directions regarding the establishment of petroleum retail outlets, challenging circulars and orders issued by the Kerala State Pollution Control Board (KSPCB). The core issue revolved around the requirement of consent from KSPCB for setting up such outlets.
Key Issues
Whether KSPCB circulars on siting requirements for petroleum outlets are mandatory and if consent from KSPCB is required for establishing such outlets.
AI-generated summary — verify with the full judgment below
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 I
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