NAZAR Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner is before this Court alleging obstruction on the part of the party respondents against the implementation of the conditions as specified by the Kerala State Pollution Control Board [for brevity "Board"] in Exhibits P9 and P10.

(2.) The petitioner, admittedly, had been continuing a plastic recycling unit from 1987 onwards with a D&O Licence obtained from the Panchayat. The current valid one is produced at Exhibit P1. There were allegations of pollution raised by the local people; on which the Panchayat is said to have carried out an inspection and issued Exhibit P6 stop memo. The stop memo is still in force. The petitioner obviously had not obtained any Consent to Establish or Operate from the Board. However, now the petitioner has approached the Board and the Board has directed certain measures to be implemented to avoid pollution from the industry. When attempts were made to bring in such measures there was obstruction caused, is the case of the petitioner.

(3.) Despite notice to the party respondents, none appear. The learned Counsel for the Panchayat appears and submits that the stop memo is still in force and if the Board grants Consent to Operate, the Panchayat would have no objection subject only to the industry not causing any further pollution. The learned Standing Counsel for the Board submits that an effective inspection could be carried out only after the measures directed are carried out and trial run is carried out in the industry.