MUHAMMED ILLIYAS Vs. KERALA STATE POLLUTION CONTROL BOARD

JUDGEMENT

(1.) Petitioners have leased out a portion of their property to the third respondent for conducting a petroleum outlet and on the strength of the said lease arrangement, the third respondent applied for consent to operate the outlet before the Kerala State Pollution Control Board. The petitioners, in the meanwhile, preferred Ext.P1 complaint before the Kerala State Pollution Control Board stating that the consent sought by the third respondent shall not be granted having regard to the remaining property in their possession which is not subject matter of the lease. It is stated by the petitioners that though a hearing was conducted by the second respondent on the complaint lodged by the petitioners and Ext.P2 notice was issued to the petitioners, they could not appear for the hearing as they have received the communication regarding the hearing only after the date of hearing. Ext.P3 postal cover in which the notice of hearing was sent to the petitioners is relied on by the petitioners to substantiate the said stand. The petitioners, therefore, seek appropriate directions to the Pollution Control Board to afford them an opportunity of hearing before a decision is taken on the complaint preferred by them.

(2.) Heard the learned counsel for the petitioners, the learned Standing Counsel for the first respondent as also the learned Standing Counsel for the third respondent.

(3.) As rightly pointed out by the learned counsel for the petitioners, Ext.P3 envelope, in which Ext.P2 notice was issued, indicates that the same was posted only on 18/09/2017. In terms of Ext.P2 notice, the hearing was scheduled on 19/09/2017. In the circumstances, I am of the view that the petitioners have to be granted one more opportunity to put forward their contentions in support of the complainant lodged by them.