Rizad.R. vs. Kerala State Pollution Control Board
Held
The High Court, noting the petitioners had already preferred a statutory appeal before the Air (Prevention and Control of Pollution) Appellate Authority, directed the Authority to consider and dispose of the appeal and the interim stay petition expeditiously. The implementation of the revocation order was kept in abeyance until orders were passed on the interim stay or the appeal.
Facts
Petitioners, managing partners of Malabar Industries, challenged the Kerala State Pollution Control Board's (PCB) order revoking their integrated Consent to Operate due to alleged air pollution. They contended the revocation was issued without proper inspection and sought to quash it, citing significant financial hardship.
Key Issues
Whether the High Court should adjudicate the legality of a Consent to Operate revocation order when a statutory appeal against it has already been filed, and what interim relief should be granted pending the appeal's disposal.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 4TH DAY OF JANUARY 2023 / 14TH POUSHA, 1944 WP(C) NO. 42413 OF 2022 PETITIONERS: 1 RIZAD.R., AGED 39 YEARS S/O.RAHIM, CHURAVIL HOUSE, THEKKEMURI, SHOORANAD NORTH P.O., KOLLAM - 690561. 2 ANAS.R., AGED 39 YEARS, S/O.BASHEER, ANAS NIVAS, THEKKEMURI, SHOORANAD NORTH P.O., KOLLAM - 690561. BY ADVS. P.SANJAY A.PARVATHI MENON BIJU MEENATTOOR PAUL VARGHESE (PALLATH) KIRAN NARAYANAN RAHUL RAJ P. PRASOON SUNNY RESPONDENTS: 1 KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS CHAIRMAN, HEAD OFFICE, PATTOM P.O., THIRUVANANTHAPURAM DISTRICT, KERALA - 695 004. 2 THE ENVIRONMENTAL ENGINEER DISTRICT OFFICE, THE KERALA STATE POLLUTION CONTROL BOARD, USHUS BUILDING, BIG BAZAR, KOLLAM DISTRICT, PIN - 691001. 3 GENERAL MANAGER, DIC, DISTRICT INDUSTRIES CENTER, KOLLAM DISTRICT, PIN - 691001. ADDL R4 AIR (PREVENTION AND CONTROL OF POLLUTION) APPELLATE AUTHORITY, KERALA STATE POLLUTION CONTROL BOARD PATTOM P.O THIRUVANANTHAPURAM – 695004 IS IMPLEADED AS PER ORDER DATED 04.01.2023 IN I.A.NO.2 OF 2023 SRI.T.NAVEEN (SC) R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04
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