Krishnamoorthy vs. State Of Kerala
Held
The Court upheld the Consent to Operate and other licenses for the crusher unit, directing it to operate for two days for pollution assessment. Orders restricting vehicle use were set aside, and police protection was granted for the unit's operation.
Facts
A crusher unit owner sought police protection against objectors and challenged orders restricting vehicle use. The objectors alleged the unit operated without proper licenses and violated pollution control norms. The court examined the validity of consent to operate and pollution control compliance.
Key Issues
The primary issues were the validity of the pollution control board's consent to operate and the legality of orders restricting vehicle movement over a canal bund road.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 27TH DAY OF OCTOBER 2021 /5TH KARTHIKA, 1943 WP(C) NO. 10094 OF 2020 PETITIONER: KRISHNAMOORTHY AGED 55 YEARS S/O. RAMAMOORTHY, PROPRIETOR, SARATHY METAL CRUSHER UNIT, RESIDING AT ANJU NIVAS, MANAKKARA P. O., BHARANIKKAVU, SASTHAMKOTTA, KOLLAM - 690 521. BY ADVS. ROSHEN.D.ALEXANDER SMT.TINA ALEX THOMAS RESPONDENTS: 1 DISTRICT POLICE CHIEF OFFICE OF THE DISTRICT POLICE CHIEF, KOLLAM - 691 001. 2 STATION HOUSE OFFICER AND INSPECTOR OF POLICE SOORANAD POLICE STATION, SOORANAD P. O., KOLLAM DISTRICT - 690522. 3 UNNIKRISHNA PILLAI S/O. BALAKRISHNA PILLAI, PUTHANPURAYIL, AMBALATHUMBHAGOM P. O., PORUVAZHY, SASTHAMKOTTA, KOLLAM - 690520. 4 MANIKUTTAN PILLAI KALLUVILAKIZHAKKETHIL, AMBALATHUMBHAGOM P. O., PORUVAZHY, SASTHAMKOTTA, KOLLAM - 690520. 5 SANTHOSHKUMAR RAMAMANDIRAM, AMBALATHUMBHAGOM P. O., PORUVAZHY, SASTHAMKOTTA, KOLLAM - 690520. 6 C. JAYACHANDRAN PILLAI @ CHANDRAJI LAKSHMI BHAVAN, AMBALATHUMBHAGOM P. O., PORUVAZHY, SASTHAMKOTTA, KOLLAM - 690520. BY ADVS. GOVERNMENT PLEADER SMT.T.V.NEEMA SREI. ASHWIN SETHUMADHAVAN
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