INDIRADEVI P, v. THE KOLLAM MUNICIPAL CORPORATION REPRESENTED BY ITS SECRETARY,
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-07-26. INDIRADEVI P, v. THE KOLLAM MUNICIPAL CORPORATION REPRESENTED BY ITS SECRETARY,. Read the judgment and case...
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE MOHAMMED NIAS C. P. TH FRIDAY, THE 26 DAY OF JULY 2024 / 4TH SRAVANA, 1946 WP(C) NO. 11799 OF 2024 PETITIONER: INDIRADEVI P, AGED 63 YEARS D/O PARUKUTTY AMMA, BEENA NIVAS CHERI TEMPLE NAGAR-4, KILIKOLLOOR PO, KILIKOLLOOR VILLAGE, KOLLAM (DIST), PIN - 691004 BY ADVS. M. RAJESH G. GOPAKUMAR (KOLLAM) RESPONDENTS: 1 THE KOLLAM MUNICIPAL CORPORATION REPRESENTED BY ITS SECRETARY, CHINNAKKADA PO, KOLLAM, PIN - 691001 2 THE SECRETARY, KOLLAM MUNICIPAL CORPORATION, CHINNAKKADA P. O, KOLLAM, PIN - 691001 3 KERALA STATE POLLUTION CONTROL BOARD REP. BY ITS ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, USHUS BUILDING, BIG BAZAR, CHINNAKKADA PO, KOLLAM, PIN - 691001 4 ARUN P KUMAR, PROPRIETOR M/S MR. GUBOT CAR RESTORATION CENTRE, CHERI AMBALAM, RANDAMKUTTI, KILIKOLLOOR VILLAGE, KILOKOLLOOR PO, KOLLAM (DIST), PIN - 691004 BY ADVS. B. PRAMOD BIJU VIGNESWAR ATHUL M. V. SRI. NAVEEN. T, SC SRI. S.
SREEKUMAR (KOLLAM),SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26. 07. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- WP(C) No. 11799 of 2024 MOHAMMED NIAS C. P. , J. ----------------------------------------------- WP(C) No. 11799 of 2024 ---------------------------------------------th Dated this the 26 day of July, 2024 JUDGMENT This writ petition is filed directing respondents 1 to 3 to initiate appropriate legal action against the fourth respondent, who according to the petitioner was illegally operating his spray painting unit. 2. A counter affidavit has been filed by the fourth respondent producing the copy of the Acknowledgment Certificate issued by the Department of Industries and Commerce, Government of Kerala under the provisions of the Kerala Micro Small Medium Enterprises Facilitation Act, 2019. He has also obtained a consent to operate from the Pollution Control Board, as is seen from Annexures R4(a) and (b). 3.
In view of the above, I am not inclined to grant the prayers sought for by the petitioner. The writ petition is dismissed accordingly. Sd/- MOHAMMED NIAS C. P. JUDGE dlk/26. 7. 2024 -3- APPENDIX OF WP(C) 11799/2024 PETITIONER'S EXHIBITS THE TRUE COPY OF THE NOTICE OF THE 3RD RESPONDENT NO. PCB/KO/COMP/ULB/1/2021 DATED 25. 11. 2023 ADDRESSED TO THE 4TH RESPONDENT THE TRUE COPY OF THE NOTICE OF THE 1ST RESPONDENT NO. KZ/R3/511/2023 DATED 20. 12. 2023 ISSUED TO THE 4TH RESPONDENT THE TRUE COPY OF THE NOTICE NO. DICKLM/424/2024-K13 DATED 06. 03. 2024 ISSUED BY THE ASSISTANT DISTRICT INDUSTRIES OFFICER, KOLLAM TO THE 4TH RESPONDENT THE TRUE COPY OF THE COMPLAINT OF THE PETITIONER DATED 11. 03. 2024 ADDRESSED TO THE 2ND RESPONDENT RESPONDENTS ANNEXURES A TRUE COPY OF THE ACKNOWLEDGMENT CERTIFICATE DATED 16. 12. 2023 A TRUE COPY OF THE CONSENT TO OPERATE DATED 19. 06. 2024 ISSUED BY THE 3RD RESPONDENT TO MY CONCERN. TRUE COPY OF THE CIRCULAR NO.
PCB/T4/115/97(3) DATED 31-8-2016 ISSUED BY THE POLLUTION CONTROL BOARD. TRUE COPY OF THE CIRCULAR NO. PCB/TAC/18/2004 DATED 9-8-2004 ISSUED BY THE POLLUTION CONTROL BOARD. TRUE COPY OF THE CONSENT TO ESTABLISH NO. KSPCB/KL/ICE/10052200/2024 DATED 23-4-2024 ISSUED BY THE POLLUTION CONTROL BOARD. -4- WP(C) No. 11799 of 2024 ANNEXURE R3(D) TRUE COPY OF THE CONSENT TO OPERATE NO. KSPCB/KL/ICO/10067582/2024 DATED 19-6-2024 ISSUED BY THE POLLUTION CONTROL BOARD. ANNEXURE R3(E) TRUE COPY OF THE LETTER NO. KSPCB/KL/ICO/10067582/2024 DATED 11-7- 2024 ISSUED BY THE POLLUTION CONTROL BOARD.
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.