Antony Ann Kevin D''Silva vs Senior Environmental Engineer, Kerala Pollution Control Board, The Corporation of Cochin and The State of Kerala

C.T. Ravikumar, J.—The petitioner who is conducting an engineering workshop filed this writ petition on being aggrieved by Ext. P9 notice dated 15.01.2014. As per Ext. P1 the petitioner was informed that pursuant to an enquiry conducted by the Senior Environmental Engineer attached to the Kerala Pollution Control Board it was found that the engineering workshop is being conducted without obtaining the consent to operate and also without setting up the necessary machineries for controlling pollution. In the said circumstances, the petitioner was asked to suspend the functioning of the workshop till he obtains the requisite consent to operate from the Pollution Control Board. The petitioner was also cautioned with coercive steps in case of his failure to comply with the said direction in tune with the provisions under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention of Control of Pollution) Act, 1974. I have heard the learned senior counsel appearing for the petitioner, the learned standing counsel appearing for the 1st respondent and also the learned Government Pleader. The petitioner did not have a case that he is in possession of a valid consent to operate obtained from the Pollution Control Board. The position that no workshop could function without obtaining such a valid consent to operate cannot be disputed. In the said circumstances, I do not find any reason to interfere with Ext. P9 notice as it was issued in tune with the statutory requirements. The learned senior counsel appearing for the petitioner submitted that the petitioner has already approached the 1st respondent with an application for grant of consent to operate and it is yet to be considered. In the said circumstances, this writ petition is disposed of with a direction to the 1st respondent to consider the application, if any, submitted by the petitioner for getting consent to operate the engineering workshop which is referred to Ext. P9 notice and pass appropriate orders thereon expeditiously and in accordance with law after conducting a proper inspection regarding the remedial steps taken by the petitioner to rectify the defects. Needless to say that on such inspection if any further defect is noted or rectification is found inadequate the petitioner shall be given communication in that regard. Such inspection for the aforesaid purposes shall be done expeditiously, at any rate, within a period of three days from the date of receipt of a copy of this judgment. After conducting such an inspection order on the application submitted by the petitioner for grant of consent to operate shall be taken up for consideration and orders shall be passed thereon within a further period of ten days.

This writ petition is disposed of accordingly.