SUCHEENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who are stated to be the residents of Ward No.VIII of Chirakkara Grama Panchayat, have approached this Court against the Consent to Operate issued by the Pollution Control Board (hereinafter referred to as 'Board' for short), and the Trade Licence issued by the 4th respondent - Chirakkara Grama Panchayat to the 5 th respondent to operate a Tar Mixing Plant, under the name and style 'Thoppil Constructions'.

(2.) According to the petitioners, operation of the Tar Mixing Unit by the 5th respondent is causing unbearable pollution and nuisance to the residents of the locality but that without considering any of these aspects, both the Board and the Panchayat had given them necessary Licences and Consents. They, therefore, pray that the Consent to Operate issued by the Board, namely Ext.P20; and the Trade Licence issued by the Panchayat, namely Ext.P8, be set aside and the 5 th respondent be injuncted from operating his Tar Mixing Unit.

(3.) The learned Standing Counsel appearing for the Pollution Control Board - Sri.T.Naveen, submits that a detailed counter affidavit has been placed on record, wherein, they have clearly stated that the 5th respondent has all the Consents and Licences required to operate the Tar Mixing Unit. He adds that the Consent to Operate issued by the Board was granted on the basis of all relevant and germane inputs and after verifying that the Tar Mixing Unit, being operated by the 5 th respondent, does not cause any pollution in the area concerned. He, however, admits that Ext.R3(j) communication had been issued to the 5 th respondent on 15.10.2019, asking him to rectify certain deficiencies found subsequently and that the 5 th respondent has now reported that he has complied with the same. The learned Standing Counsel therefore, says that if the petitioners have any further objections against the Consent to Operate, their remedy is to approach the competent Appellate Tribunal constituted under the provisions of the applicable Statutes and Rules. He, therefore, prays that this writ petition be dismissed.