C.SAMIKUTTY Vs. KERALA STATE POLLUTION CONTROL BOARD,

JUDGEMENT

(1.) The prayers in the above Writ Petition (Civil) are as follows: "

(2.) Heard Sri.Georgekutty Mathew, learned counsel appearing for the petitioner and Sri.T.Naveen, learned Standing Counsel for the Kerala State Pollution Control Board appearing for R-1. In the nature of the order proposed to be passed in this petition, notice to R-2 (Vazhayoor Grama Panchayat) will stand dispensed with.

(3.) The case of the petitioner is that, he is running a wood works unit within the limits of the 2nd respondent Panchayat on the basis of Ext.P-1 registration issued by the Industries Department, Ext.P-2 Trade License issued by the 2 nd respondent Grama Panchayat and Ext.P-4 statutory consent issued by the 1st respondent Environmental Engineer, State Pollution Control Board. That, Ext.P-2 Trade License was valid till last year and thereafter, despite application submitted for renewal of trade license as acknowledged in Ext.P-3 receipt dated 3.2.2020, the 2nd respondent Secretary of Grama Panchayat has not taken any decision to refuse said license or to grant it, in the result that the petitioner has already secured the benefit of deemed license going by the mandatory provisions contained in Section 236(3) of the Kerala Panchayat Raj Act, 1994. Further that, the validity period of Ext.P-4 statutory consent has also expired, and therefore the petitioner has submitted application for renewal of Ext.P-4 consent before the 1st respondent Environmental Engineer, State Pollution Control Board, and the said application has been acknowledged as per Ext.P-5 receipt dated 28.5.2020. While so, on the basis that a third party has given certain complaints against the functioning of the petitioner's unit, and since inspection cannot be immediately conducted presumably on account of COVID-19 pandemic issues, the 1st respondent Environmental Engineer, State Pollution Control Board has issued Ext.P-6 letter dated 21.7.2020 instructing the 2nd respondent Secretary of Grama Panchayat to not to permit the petitioner to conduct the unit till the finalization of said proceedings. That, on the basis of Ext.P-6 letter the 2nd respondent has issued Ext.P-7 stop memo dated 22.7.2020 directing the petitioner to stop the unit in view of the abovesaid aspects. The petitioner would urge that both the decision as per Exts.P-6 & P-7 have been rendered by R-1 & R-2 respectively without affording any opportunity of being heard to the petitioner, and when the petitioner's applications for renewal are pending before both the respondents as can be seen Exts.P-3 & P-5 receipts.