High Court of KeralaSingle JudgeDisposition: Writ petitions disposed of in term...
WP(C) Nos.11517/2020 & con.cases (High Court of Kerala, Ernakulam)
Case / Petition Number:WP(C) Nos.11517/2020 & con.cases (and connected WP Nos. 12302/2020, 14388/2020, 15500/2020, 15873/2020, 15917/2020, 5928/2021, 6858/2021, 11495/2021, 17601/2021, 18031/2021, 27900/2021, 10367/2021, 11907/2021, 12880/2021, 15087/2021, 26321/2021, 12507/2021, 12525/2021, 17666/2021, 17717/2021, 17752/2021, 17758/2021, 17787/2021, 20105/2021, 20113/2021, 25770/2021, 3350/2022, 5963/2022, 6375/2022, 1513/2022, 1942/2022, 4498/2022, 7185/2022)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- T.R.Ravi
- Judgment Date
- 2023-07-26
- Court Decision / Holding
- The writ petitions are disposed of in light of the Supreme Court’s IOC decision. The court held that there is no requirement to obtain consent to establish or operate for retail petroleum outlets; what is required is strict adherence to CPCB guidelines. Kerala authorities were directed to implement paragraph 48 of the IOC judgment; circulars insisting on siting norms were not to be enforced in isolation, and petitioners may approach CPCB/authorities for any violation of CPCB guidelines. The judgment emphasizes following CPCB guidelines and allows petitioners to raise concerns about violations, without granting new directions beyond IOC (supra).
- Final Disposition
- Disposition: Writ petitions disposed of in terms of IOC ( supra ); CPCB guidelines to be strictly followed; no requirement to obtain consent to establish/operate; petitioners may approach CPCB for alleged violations; further directions not necessary beyond IOC ruling; the matter ends with guidance to implement the IOC judgment and CPCB directives in future cases.
Parties to the Case
Appellants / Petitioners
- Mohammed Mehthar
- Subeesh Babu
- Sainudheen M.
- Anu Shaji
- Mini Mathew
- Jitheshkumar
- K.S.Komu
- Hamza K.
- Ayesha Juman a
- Arunkumar P.
Respondents
- District Collector
- Additional District Magistrate
- Executive Engineer, Public Works Department
- State of Kerala represented by Secretary to Public Works Department
- Central Pollution Control Board
- Kerala State Pollution Control Board
- Indian Oil Corporation Limited
Legal Representation & Advocates
Counsels for Petitioners
- • Sri K.R.Vinod
- • Sri Krishnadas P. Nair
- • Sri Sainudeen
Counsels for Respondents
- • Adv Govtt Pleader Smt. Salini Lal
- • Sri T.Naveen SC
- • Sri RaaJes S. Subrahmanian
- • Sri M. Rajeev, Govt. Pleader
Case Synopsis & Summary
The judgment bundles and disposes a large cluster of writ petitions challenging siting restrictions and consents for retail petroleum outlets in Kerala. The petitions arise from the Kerala State Pollution Control Board (KSPCB) and CPCB guidelines, National Green Tribunal orders, and various government circulars linked to siting, consent to establish/operate, and construction permissions. Central to the court’s analysis is the Supreme Court’s decision in Indian Oil Corporation v. V.B. Menon & Ors. (2023 SCC OnLine SC 257), which held that there is no legal requirement to obtain consent to establish or operate for retail petroleum outlets; instead, adherence to CPCB guidelines suffices. The Kerala High Court therefore disposed of the petitions by directing authorities to implement the IOC (supra) guidance, ensuring CPCB guidelines are scrupulously followed, and permitting petitioners to approach authorities if guidelines are violated. The court explicitly clarified that none of the Kerala circulars insisting on siting norms could be strictly enforced in light of IOC, and that the CPCB guidelines should govern; any violations can be addressed by the petitioners. The decision is rendered as a single-judge judgment by Justice T.R. Ravi on 26 July 2023, with instructions to the authorities to act consistent with the IOC ruling and CPCB directives.
Provisions of Law Cited
Petroleum Rules, 2002 (Rule 144)National Green Tribunal orders OA Nos. 31/2019 and 86/2019CPCB guidelines issued on 07.01.2020 and subsequent amendments (07.01.2020; 24.02.2020; 18.08.2020; 29.01.2021; 04.02.2021; 21.04.2021; 09.08.2004)Office Memoranda and Circulars of CPCB including B-13011/1/2019-20/AQM, 07.01.2020; B-13011/1/2020-21/AQM, 29.01.2021; B-13011/1/2019-21/AQM, 16.08.2021; Circular Nos. PCB/HO/HOW/RULES9/7/2019 (dated 24.02.2020; 18.08.2020; 04.02.2021; 21.04.2021; 28.05.2021 Erratum)IRC-12-2016 (Indian Roads Congress) siting normsG.O. (Ms) No. 46/2019/PWD; G.O. (MS) No.16/2020/PWD; G.O. 63/2016/LSGD (Kochi city residential zone)PESO regulations (Petroleum and Explosives Safety Organization)National Green Tribunal order OA 86/2019 and related OA Nos.Ministry of Petroleum and Natural Gas communications and MoRTH referencesJudgment in Indian Oil Corporation v. V.B. Menon & Ors (SCC OnLine SC 257)
Legal Doctrines & Maxims
- No specific maxims cited.
- Key doctrine: Primary reliance on Supreme Court precedent (IOC) that consent to establish/operate is not required where CPCB guidelines are followed; adherence to CPCB guidelines is the controlling requirement.
- Interpretive approach that later Supreme Court verdicts override prior inconsistent directions from NGT or sub-national circulars.
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners challenged KSPCB circulars and sought directions for issuing NOC/Consent to Establish. They asserted siting norms/conditions enforcement inconsistent with the CPCB guidelines and the IOC decision; sought quashing Ext.P4, Ext.P6, and related directives that conditioned establishment; argued for protection of existing retail outlets and adherence to CPCB guidelines rather than blanket siting restrictions.
Contentions of Respondents
The respondents argued for adherence to CPCB/NGBT guidelines and the necessity to follow siting norms, permits, and consents as per local regulations; cited NGT orders and CPCB circulars; contended there is no legal requirement for consent to establish/operate in light of IOC, and urged that guidelines be scrupulously followed.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Indian Oil Corporation v. V.B. Menon & Ors. | SCC OnLine SC 257 (2023) | Positive | The Supreme Court held that consent to establish and consent to operate are not required for retail petroleum outlets; adherence to CPCB guidelines suffices, a doctrine adopted by this Court. |
| National Green Tribunal, OA Nos. 31/2019 and 86/2019; OA No. 86/2019 | NGT OA Nos. 31/2019 and 86/2019 | Mentioned Only | NGT orders are discussed as context for earlier directives and subsequent Supreme Court decision; the current judgment does not treat them as controlling directions. |
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Extracted Judgment Text
Exact text extracted from official judgment records.
WP(C)Nos.11517/2020 & con.cases
1
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE T.R.RAVI**
**TH WEDNESDAY, THE 26 DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 11517 OF 2020**
## **PETITIONERS:**
|1|MOHAMMED MEHTHAR|
|---|---|
||AGED 61 YEARS|
||S/O.PAREED MEHTHAR, PAYYIL HOUSE, MARIYATHURUTHU P.O.,|
||KOTTAYAM, PIN-686017.|
|2|SUBEESH BABU,|
||AGED 36 YEARS|
||S/O.BABU, VELLARIMATTATHIL HOUSE, UZHAVOOR P.O., KOTTAYAM.|
||BY ADV SRI K.R.VINOD|
## **RESPONDENTS:**
|1|THE DISTRICT COLLECTOR|
|---|---|
||OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM,|
||PIN-686001.|
|2|THE ADDITIONAL DISTRICT MAGISTRATE,|
||OFFICE OF THE DISTRICT COLLECTOR,|
||COLLECTORATE, KOTTAYAM, PIN-686001.|
|3|THE EXECUTIVE ENGINEER,|
||PUBLIC WORKS DEPARTMENT,|
||OFFICE OF THE EXECUTIVE ENGINEER, KOTTAYAM,|
||PIN-686001.|
|4|STATE OF KERALA,|
||REPRESENTED BY THE SECRETARY TO THE PUBLIC WORKS|
||DEPARTMENT, THIRUVANANTHAPURAM, PIN-695001.|
|5|CENTRAL POLLUTION CONTROL BOARD,|
||PARIWESH BHAVAN, CBD CUM OFFICE COMPLEX, EAST ARJUN NAGAR,|
||DELHI, PIN-110032, REPRESENTED BY TIS CHAIRMAN.|
|6|KERALA STATE POLLUTION CONTROL BOARD,|
||PATTOM P.O., THIRUVANANTHAPURAM-695004, REPRESENTED BY ITS|
||CHAIRMAN.|
|7|INDIAN OIL CORPORATION LIMITED,|
||TRIVANDRUM DIVISIONAL OFFICE, REPRESENTED BY THE DEPUTY|
||GENERAL MANAGER (RETAIL SALES), GROUND FLOOR, PREMIER|
||PARK, INCHAKKAL BYE PASS ROAD,|
||VALLAKADAVU P.O.,|
||THIRUVANANTHAPURAM, PIN-695 008.|
WP(C)Nos.11517/2020 & con.cases 2
8 JOBEL BABU, AGED 27 YEARS S/O.BABU, PONMANKAL HOUSE, THELLAKOM P.O., KOTTAYAM, PIN-686630. BY ADVS. SRI.R.SUNIL KUMAR GOVERNMENT PLEADER SRI M.RAJEEV SRI.S.SUJIN SRI.M.GOPIKRISHNAN NAMBIAR SMT.A.SALINI LAL SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SHRI.PRANOY HARILAL SRI T.NAVEEN SRI RAAJESH S.SUBRAHMANIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 12302/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
3
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945**
## **WP(C) NO. 12302 OF 2020**
## **PETITIONERS:**
1 SAJEESH K.T. AGED 42 YEARS S/O.THANKAPPAN, KONATHUKUDY HOUSE, KIZHAKKUMBHAGAMKARA, KIZHAKKUMBHAGAM VILLAGE, KANJOOR P.O., ERNAKULAM DISTRICT, PIN 683 575. 2 DEVASSIKUTTY AGED 70 YEARS S/O.THOMAS, PUTHUSSERY HOUSE, KIZHAKKUMBHAGAMKARA, KIZHAKKUMBHAGAM VILLAGE, KANJOOR P.O., ERNAKULAM DISTRICT, PIN - 683 575. BY ADVS. SRI KRISHNADAS P. NAIR SMT.K.L.SREEKALA
## **RESPONDENTS:**
|1|THE SECRETARY, KANJOOR GRAMA PANCHAYATH|THE SECRETARY, KANJOOR GRAMA PANCHAYATH|THE SECRETARY, KANJOOR GRAMA PANCHAYATH|THE SECRETARY, KANJOOR GRAMA PANCHAYATH|THE SECRETARY, KANJOOR GRAMA PANCHAYATH|
|---|---|---|---|---|---|
||KANJOOR|P.O., ERNAKULAM DISTRICT -||683|589.|
|2|THE DISTRICT COLLECTOR|||||
||COLLECTORATE, KAKKANAD, ERNAKULAM||DISTRICT - 682 030.|||
|3|THE ADDITIONAL DISTRICT MAGISTRATE|||||
||COLLECTORATE, KAKKANAD, ERNAKULAM||DISTRICT - 682 030.|||
|4|THE ASSISTANT ENVIRONMENTAL ENGINEER|||||
||KERALA STATE POLLUTION CONTROL BOARD, KAKKANAD,|||||
||ERNAKULAM - 682 030.|||||
|5|THE SENIOR TOWN PLANNER|||||
||REGIONAL TOWN PLANNING OFFICE, KAKKANAD, ERNAKULAM -|||||
||682 030.|||||
|6|THE CHIEF REGIONAL MANAGER - RETAIL|||||
||HINDUSTAN PETROLEUM CORPORATION LIMITED, P.B.NO.1601,|||||
||ERNAKULAM NORTH P.O., ERNAKULAM -||682 017.|||
|7|ANOOP JACOB KOTTOOR|||||
||AGED 35|YEARS, S/O.JACOB KOTTOOR,|KARIPPASSERY,|||
WP(C)Nos.11517/2020 & con.cases 4 VATTAPPARAMB P.O., ERNAKULAM - 683 579. 8 JACOB KOTTOORAN AGED 67 YEARS, S/O.VARGHESE, KOTTOOR HOUSE, KIZHAKKUMBHAGAMKARA, KIZHAKKUMBHAGAM VILLAGE, KANJOOR P.O., ERNAKULAM DISTRICT, PIN - 683 575. 9 JOHNY AGED 71 YEARS, S/O.VARGHESE, KOTTOOR VILLAGE, KIZHAKKUMBHAGAMKARA, KIZHAKKUMBAGAM VILLAGE, KANJOOR P.O., ERNAKULAM DISTRICT, PIN - 683 575. BY ADVS. SRI M.RAJEEV, GOVT.PLEADER SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, SRI.M.GOPIKRISHNAN NAMBIAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
5
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 14388 OF 2020**
## **PETITIONER:**
ANU SHAJI AGED 36 YEARS WIFE OF SHAJI, KEECHIYIL HOUSE, NEERATTUPURAM P.O., ALAPPUZHA-689 571 BY ADVS. SRI P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR
## **RESPONDENTS:**
|1|KERALA STATE|KERALA STATE|POLLUTION CONTROL BOARD|
|---|---|---|---|
||REPRESENTED BY ITS CHAIRMAN,|||
||REPRESENTED BY ITS MEMBER SECRETARY,|||
||KERALA STATE||POLLUTION CONTROL BOARD|
||PATTOM P.O.,|||
||THIRUVANANTHAPURAM-695 004|||
|2|THE ENVIRONMENTAL ENGINEER|||
||KERALA STATE||POLLUTION CONTROL BOARD,|
||AMC/X/501,|||
||THATHAMPALLY||P.O.,|
||ALAPPUZHA-688 013|||
|3|THE CENTRAL POLLUTION CONTROL BOARD,|||
||REPRESENTED BY ITS CHAIRMAN,|||
||PARIVESH BHAWAN,|||
||EAST ARJUN NAGAR,|||
||DELHI-110|032||
|4|JUBY JACOB|||
||KOPPARAPPARAMPIL HOUSE,|||
||NEERATTUPURAM P.O.,|||
||THALAVADY,|||
||ALAPUZHA-689||571|
WP(C)Nos.11517/2020 & con.cases 6
5 THE TERRITORY MANAGER (RETAIL) BHARAT PETROLEUM CORPORATION LIMITED, IRIMPANAM INSTALLATION, IRIMPANAM,KOCHI-682 309 BY ADVS. SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, SRI.S.SUJIN SRI.CHERIAN GEE VARGHESE SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.HARIDAS SRI.K.JOHN MATHAI SRI.BIJU HARIHARAN SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.R.B.BALACHANDRAN SRI.RENJI GEORGE CHERIAN SRI.PAULOSE C. ABRAHAM SRI.RAJA KANNAN SRI.P.C.SHIJIN SRI.RISHIKESH HARIDAS SRI RAAJESH S.SUBRAHMANIAN (SC)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
7
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 15500 OF 2020**
**PETITIONER:**
PILSON THOMAS AGED 54 YEARS S/O. THOMAS, CHETHALEN HOUSE, PULLUR PO , MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680683. BY ADV SRI BIJU .C. ABRAHAM
## **RESPONDENTS:**
|1|THE DISTRICT COLLECTOR|
|---|---|
||THRISSUR, CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT,|
||PIN-680004.|
|2|THE ADDITIONAL DISTRICT MAGISTRATE,|
||THRISSUR, CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT,|
||PIN- 680004.|
|3|THE TAHSILDAR,|
||MUKUNDAPURAM, CIVIL STATION, IRINJALAKUDA, THRISSUR|
||DISTRICT, PIN -680121.|
|4|THE VILLAGE OFFICER,|
||PULLUR VILLAGE OFFICE, MUKUNDAPURAM TALUK, THRISSUR|
||DISTRICT, PIN-680683.|
|5|THE MURIYAD GRAMA PANCHAYATH|
||MURIYAD, THRISSUR DISTRICT, PIN 680683, REPRESENTED BY|
||ITS SECRETARY.|
|6|CHIEF REGIONAL MANAGER,|
||REGIONAL OFFICE, HINDUSTAN PETROLEUM CORPORATION LTD,|
||KOZHIKODE RETAIL REGION, WEST HILL CHUNGAM, KOZIHKODE,|
||PIN- 673005.|
|7|THE ENVIRONMENTAL ENGINEER|
||THRISSUR, KERALA STATE POLLUTION CONTROL BOARD|
||THRISSUR, PARAVATTANI P O, OLLUKKARA, THRISSUR, PIN|
||680655.|
|8|TOTTO THOMAS,|
||S/O. THOMAS, CHERADAY HOUSE, PULLUR P O, MUKUNDAPURAM|
WP(C)Nos.11517/2020 & con.cases 8 TALUK, THRISSUR DISTRICT, PIN- 680683.
9 PULLUR PETRO PARK, PULLUR P O, THRISSUR PIN - 680683, REPRESENTED BY ITS MANAGING PARTNER, BINEESH M.B, MANAKKAL HOUSE, KALLICHITHRA, NEAR PAYAMPARAM DEVI TEMPLE, NADAMPADAM, VARANDAARAPPILLY, THRISSUR, PIN -680304. BY ADVS. SRI M.RAJEEV, GOVT.PLEADER SRI T.NAVEEN (SC) SMT.P.R.REENA SRI.M.GOPIKRISHNAN NAMBIAR SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
9
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 15873 OF 2020**
**PETITIONER:**
MINI MATHEW AGED 46 YEARS W/O. THOMAS ABRAHAM, VARUKUNNEL HOUSE, PALAD MANIMOOOLY P.O. VAZHIKKADAVU, MALAPPURAM 679 333. BY ADVS. PRASUN.S SRI.N.A.RETHEESH
## **RESPONDENTS:**
|1|THE|DISTRICT COLLECTOR|DISTRICT COLLECTOR||||
|---|---|---|---|---|---|---|
||OFFICE OF THE COLLECTOR, CIVIL STATION, MALAPPURAM 676||||||
||505.||||||
|2|THE|ADDITIONAL DISTRICT MAGISTRATE,|||||
||OFFICE OF THE DISTRICT|||COLLECTOR,||CIVIL STATION,|
||MALAPPURAM 676 505.||||||
|3|THE|CENTRAL POLLUTION CONTROLLER BOARD,|||||
||REPRESENTED BY ITS||CHAIRMAN, PARIWESH BHAVAN, CBD CUM||||
||OFFICE COMPLEX, EAST ARJUN NAGAR,|||||DELHI 110 032.|
|4|THE|STATE POLLUTION CONTROL|||BOARD,||
||REPRESENTED BY ITS||MEMBER SECRETARY, PATTOM P.O.||||
||THIRUVANANTHAPURAM||695|0004.|||
|5|THE|DISTRICT MEDICAL OFFICER|||||
||(HEALTH), CIVIL STATION RD,||||UP HILL, MALAPPURAM, KERALA||
||676|505.|||||
|6|THE|EXECUTIVE ENGINEER,|||||
||PUBLIC WORK DEPARTMENT, OFFICE OF|||||THE EXECUTIVE|
||ENGINEER, MANJERI,||MALAPPURAM 679|||328.|
|7|THE|DISTRICT SUPPLY OFFICER,|||||
||THE|OFFICE OF THE DISTRICT SUPPLY||||OFFICER, MALAPPURAM|
||UP HILL, MALAPPURAM 676 505.||||||
|8|THE|REGIONAL FIRE OFFICER,|||||
||DEPARTMENT OF FIRE||AND|RESCUE,|||
||CIVIL STATION, PALAKKAD 678||||001.||
WP(C)Nos.11517/2020 & con.cases
10
9 THE TAHSILDAR, NILAMBUR TALUK OFFICE, MALAPPURAM 679 329. 10 THE HINDUSTAN PETROLEUM CORPORATION LIMITEE, REPRESENTED BY THE CHIEF REGIONAL MANAGER, KOZHIKODE RETAIL REGIONAL ELATHUR, KOZHIKKODE 673 303. 11 SHAHJAHAN, S/O. SHOUKATH ALI, THAYYIL HOUSE, KALATHINKADAVU, NILAMBUR P.O. MALAPPURAM 679 329. 12 SHOUKATH ALI, S/O. ALAVI, THAYYIL HOUSE, KALATHINKADAVU, NILAMBUR, P.O. MALAPPURAM 679 329. 13 THE VAZHIKKADAVU GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY, THE OFFICE OF THE VAZHIKKADAVU GRAMA PANCHAYATH, VAZHIKKADAVU P.O. MALAPPURAM 679 333. BY ADVS. SRI.PHILIP J.VETTICKATTU SRI.M.P.PRABHAKARAN (PALAKKAD) SRI T.NAVEEN (SC) SRI RAAJESH S.SUBRAHMANIAN (SC) SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
11
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 15917 OF 2020**
## **PETITIONER/S:**
K.S.KOMU AGED 65 YEARS S/O. SEETHY, KADAVIL HOUSE, PONJASSERY P O, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN-683547. BY ADVS. K.R.VINOD M.S.LETHA K.S.SREEREKHA NABIL KHADER
## **RESPONDENT/S:**
|1|THE DISTRICT COLLECTOR|
|---|---|
||OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,|
||KUNNUMPURAM, KAKKANAD, ERNAKULAM, ERNAKULAM - 682030.|
|2|THE ADDITIONAL DISTRICT MAGISTRATE|
||OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,|
||KUNNUMPURAM, KAKKANAD, ERNAKULAM-682030.|
|3|THE CHIEF ENGINEER,|
||PUBLIC WORKS DEPARTMENT,|
||THIRUVANANTHAPURAM-695036.|
|4|THE DISTRICT SUPPLY OFFICER,|
||FOOD AND CIVIL SUPPLIES DEPARTMENT, ERNAKULAM, PIN-|
||682030.|
|5|STATE OF KERALA,|
||REPRESENTED BY THE SECRETARY TO THE PUBLIC WORKS|
||DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001.|
|6|CENTRAL POLLUTION CONTROL BOARD,|
||PARIWESH BHAVAN, CBD CUM OFFICE COMPLEX, EAST ARJUN|
||NAGAR, DELHI, PIN-110032, REPRESENTED BY ITS CHAIRMAN.|
|7|KERALA STATE POLLUTION CONTROL BOARD,|
||KERALA STATE POLLUTION CONTROL BOARD, PATTOM P.O,|
||THIRUVANANTHAPURAM-695004, REPRESENTED BY ITS CHAIRMAN.|
WP(C)Nos.11517/2020 & con.cases 12 8 BHARAT PETROLEUM CORPORATION LTD, REPRESENTED BY ITS TERRITORY MANAGER - RETAIL, BPCL, IRUMPANAM INSTALLATION, KOCHI-682309. 9 ELDHO PAUL NAMMANARIL HOUSE, KIZHAKKAMBALAM, ERNAKLAM, PIN-683562. BY ADVS. SRI.S.SUJIN SRI.M.GOPIKRISHNAN NAMBIAR SMT.A.SALINI LAL SRI.R.SUNIL KUMAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.RAJA KANNAN SRI T.NAVEEN (SC) SRI RAAJESH S.SUBRAHMANIAN (SC) SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
13
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945 WP(C) NO. 5928 OF 2021**
## **PETITIONER/S:**
1 ANEESAN P. ALIAS ANEESH AGED 55 YEARS S/O GOVINDAN, VALIYAKANDIYIL (H), KARIYAD P.O., KANNUR-673 316 2 RAMAKRISHNAN.K., AGED 54 YEARS S/O.BALAN, PADINJARAYIL (H), KARIYAD P.O., KANNUR-673 316 BY ADVS. SRI V.HARISH SRI.RAJAN VISHNURAJ
## **RESPONDENT/S:**
1 KERALA STATE POLLUTION CONTROL BOARD PATTOM P.O., THIRUVANANTHAPURAM-695 004, REPRESENTED BY ITS CHAIRMAN 2 ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, 6TH FLOOR,RUBCO HOUSE, SOUTH BAZAR, KANNUR-670 002 3 M/S.MOTHAL FILLING STATION, HPCL DEALER, PALLIKKUNI, NEAR MOTHEL BRIDGE, KARIYAD SOUTH P.O., KANNUR-673 316, REPRESENTED BY ITS MANAGER AUTHORIZED PERSON
WP(C)Nos.11517/2020 & con.cases 14 4 CENTRAL POLLUTION CONTROL BOARD, PARIVESH BHAVAN, EAST ARJUN NAGAR, DELHI-110 032, REPRESENTED BY ITS CHAIRMAN BY ADVS. SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, SRI.R.SUNIL KUMAR S.SUJIN SMT.A.SALINI LAL SRI RAAJESJ S.SUBRAHMANIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases 15
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945**
## **WP(C) NO. 6858 OF 2021**
## **PETITIONERS:**
1 VELAYUDHAN V.T., AGED 61 YEARS S/O. SANKUNNI, VELLITHODI HOUSE, NEETHU NIVAS, VALIYETTIPARAMBU, MANJERI, MALAPPURAM 676 121. 2 SUKUMARAN V.T., AGED 56 YEARS S/O. SANKUNNI, VELLITHODI HOUSE, VALIYETTIPARAMBU, MANJERI, MALAPPURAM 676 121. BY ADVS. SRI K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI
## **RESPONDENTS:**
|1|THE STATE OF KERALA,|||
|---|---|---|---|
||REPRESENTED BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES|||
||AND COMMERCE, GOVERNMENT SECRETARIAT,|||
||THIRUVANANTHAPURAM, PIN 695 001.|||
|2|THE DISTRICT COLLECTOR,|||
||CIVIL STATION, MALAPPURAM, PIN 676||505.|
|3|THE ADDITIONAL DISTRICT MAGISTRATE,|||
||CIVIL STATION MALAPPURAM, PIN 676 505.|||
|4|THE CENTRAL POLLUTION CONTROL BOARD|||
||(CPCB), REPRESENTED BY ITS SECRETARY, PARIVESH BHAVAN|||
||EAST ARJUN NAGAR, NEW DELHI 110|032.||
|5|KERALA STATE POLLUTION CONTROL BOARD,|||
||DISTRICT OFFICE, UP HILL, P.O. MALAPPURAM, 676 505,|||
||REPRESENTED BY ENVIRONMENTAL ENGINEER.|||
|6|THE DIVISIONAL OFFICER,|||
||FIRE AND RESCUE SERVICES, CIVIL|STATION P.O. PALAKKAD||
||678 001.|||
|7|THE MANJERI MUNICIPALITY,|||
||MANJERI, MALAPPURAM DISTRICT, REPRESENTED BY ITS|||
||SECRETARY.|||
WP(C)Nos.11517/2020 & con.cases 16 8 INDIA OIL CORPORATION LIMITETD, KOZHIKODE DIVISIONAL OFFICE, P.M.K. TOWER, KOZHIKODE 673 020, REPRESENTED BY ITS CHIEF DIVISIONAL MANAGER. 9 NIHAL MOHAMMED, S/O. AHAMED HAJI, PULIKKAL HOUSE, NEDIYIRUPPU, KONDOTTY, MALAPPURAM DISTRICT 673 638. BY ADVS. SRI S.SUJIN SRI T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, SHRI.R.RANJITH (MANJERI), SC, MANJERI MUNICIPALITY SRI.M.GOPIKRISHNAN NAMBIAR SMT.A.SALINI LAL SRI.R.SUNIL KUMAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.RAJA KANNAN SRI RAAJESH S.SUBRAHMANIAN SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
17
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 11495 OF 2021**
**PETITIONER:**
CHANDRAN K AGED 70 YEARS S/O LATE KOMBI, NEERKODE KALAM, MANCHIRA, CHITTUR POST, PALAKKAD DISTRICT-678101. BY ADVS. SAJAN VARGHEESE K. LIJU. M.P
## **RESPONDENTS:**
|1|THE HINDUSTAN PETROLEUM CORPORATION LTD|
|---|---|
||RETAIL REGION, KOZHIKKODE-673005, REPRESENTED BY THE|
||CHIEF REGIONAL MANAGER.|
|2|THE DISTRICT COLLECTOR|
||PALAKKAD DISTRICT-678001.|
|3|THE ADDITIONAL DISTRICT MAGISTRATE|
||CIVIL STATION, PALAKKAD DISTRICT-678001.|
|4|THE TAHSILDAR|
||CHITUR TALUK, PALAKKAD DISTRICT-678101.|
|5|THE VILLAGE OFFICER|
||CHITTUR VILLAGE OFFICE, CHITTUR POST, PALAKKAD|
||DISTRICT-678101.|
|6|NALLEPILLY GRAMA PANCHAYAT|
||NALLEPILLY , CHITTUR TALUK, PALAKKAD DISTRICT-678553,|
||REPRESENTED BY THE SECRETARY.|
|7|KERALA STATE POLLUTION CONTROL BOARD|
||PATTOM POST, THIRUVANANTHAPURAM-695004, REPRESENTED BY|
||THE CHAIRMAN.|
|8|VEERAMAHESWARI|
||W/O MANIMURUKAN, ANNAI ILLAM,|
||THELUNGU STREE5T, CHITTUR POST,|
||PALAKKAD DISTRICT-678101.|
WP(C)Nos.11517/2020 & con.cases 18
9 MANIMURAKAN,()FATHER'S NAME NOT KNOWN, ANNAI ILLAM, THELUNGU STREET, CHITTUR POST, PALAKKAD DIST. 678 101. ADDL.R10 THE CENTRAL POLLUTION CONTROL BOARD PARIVERSH BHAWAN,EAST ARJUN NAGAR, DELHI-110032,REP.BY THE CHAIRMAN.(ADDL.R10 IMPLEADED AS PER ORDER DATED 19/07/2021 IN IA.1/2021 IN WP(C).
BY ADVS. SRI M.RAJEEV, GOVT.PLEADER SRI M.GOPIKRISHNAN NAMBIAR VINOD KUMAR.C R.SUNIL KUMAR RAAJESH S.SUBRAHMANIAN (SC) K.JOHN MATHAI KURYAN THOMAS JOSON MANAVALAN PAULOSE C. ABRAHAM RAJA KANNAN SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, A.SALINI LAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
19
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 17601 OF 2021**
**PETITIONER:**
JITHESHKUMAR, AGED 49 YEARS, S/O. VELU, KAIPPILLI HOUSE, VELUTHJOOR ERAVU, THRISSUR, KERALA - 680620. BY ADVS. SRI ATUL SOHAN SRI K.V.SOHAN
## **RESPONDENTS:**
|1|INDIAN OIL CORPORATION LTD.,|
|---|---|
||REPRESENTED BY DEPUTY GENERAL MANAGER,|
||COCHIN DIVISIONAL OFFICE,|
||PANAMPILLY AVENUE, PANAMPILLY NAGAR P.O.,|
||PIN-682036.|
|2|THE DISTRICT COLLECTOR,|
||THRISSUR DISTRICT,|
||FIRST FLOOR, CIVIL STATION,|
||CIVIL LINES ROAD, KALYAN NAGAR,|
||AYYANTHOLE, THRISSUR, KERALA, PIN-680003.|
|3|ARIMPUR GRAMA PANCHAYATH,|
||REPRESENTED BY ITS SECRETARY,|
||THRISSUR KANJANI VADANAPPALLY ROAD,|
||ARIMBUR, KERALA, PIN-680012.|
|4|THE KERALA STATE POLLUTION CONTROL BOARD|
||REPRESENTED BY ITS CHAIRMAN,|
||KERALA STATE POLLUTION CONTROL BOARD,|
||HEAD OFFICE, PATTOM P.O.,|
||THIRUVANANTHAPURAM, KERALA, PIN-695004.|
WP(C)Nos.11517/2020 & con.cases 20
5 THE CENTRAL POLLUTION CONTROL BOARD, REPRESENTED BY ITS CHAIRMN, CENTRAL POLLUTION CONTROL BOARD, PARIVESH BHAWAN, EAST ARJUN NAGAR, DELHI, PIN-110032. ***ADDL.R6 & R7 ARE IMPLEADED** SOMASUNDARAN C.V. VILLA NO. 37, CHERUVARE VALIYAVEETTIL HOUSE, ADDL.R6 PUZAHAKKAL, PUZHAKAL P.O. SHOBHA CITY, THRISSUR, INDIA PIN:680553. (ADDL.R6 IS IMPLEADED AS PER ORDER DATED 15/09/2021 IN I.A. 1/2021 IN WPC 17601/2021) *ADDL.R7 [LETHA SOMASUNDARAN FLAT NO. A1, ANCHORAGE APARTMENTS, KEERAMKULANGARA, EAST FORT P.O. THRISSUR, KERALA, PIN:680005]. (ADDL. R7 IS IMPLEADED AS PER ORDER DATED 15.09.2021 IN I.A. 1/2021 IN WPC 17601/2021) *[The fact of death of Addl.R7 and of Addl.R6 is one of the legal representatives of the deceased Addl.R7 is recorded as per order dt.26.7.2023 in IA.1/22 in WPC 17601/21]
## **ADDL.R8 & R9 IMPLEADED:**
ADDL.R8 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES ERNAKULAM SUB CIRCLE OFFICE, C2-IIIRD FLOOR, CGO COMPLEX, KAKKANAD, ERNAKULAM – 682037. ADDL.R9 JT.CHIEF CONTROLLER OF EXPLOSIVES SOUTH CIRCLE, A AND D WING, BLOCK 1-8, SECOND FLOOR, SHASTRI BHAVAN, 26 HADDOWS ROAD, NUNGAMBAKKAM, CHENAI – 600 006. (ADDL.R8 & R9 IMPLEADED AS PER ORDER DT.26.7.23 IN I.A.NO.2/22) **ADDL.R10 & R11 IMPLEADED**
ADDL.R10 MALAVIKA SOMASUNDARAN, AGED 23 YEARS, D/O SOMASUNDARAN, CHERUPURA VALIYAVEETIL HOUSE, PUZHAKKAL POST, SOBHA CITY LIFE STYLE VILLA-37, THRISSUR DISTRICT – 680 553. ADDL.R11 SRIDHI V.S AGED 28 YEARS, S/O SHARATH, VALATH HOUSE, THALIKULAM POST, THRISSUR DISTRICT – 680 569. (ADDL.R10 & R11 IMPLEADED AS PER ORDER DT.26.7.23 IN I.A.NO.5/22)
WP(C)Nos.11517/2020 & con.cases 21 BY ADVS. SRI.M.GOPIKRISHNAN SRI.G.SANTHOSHKUMAR, SC, ARIMBUR GRAMA PANCHAYAT, THRISSUR SRI.T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, SRI.RAAJESH S.SUBRAHMANIAN SRI.K.P.SURESH KUMAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.RAJA KANNAN SRI.K.C.VISWAMBARAN SRI.K.C.VISWAMBARAN SRI.S.SUJIN SRI.M.RAJEEV, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
22
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**TH WEDNESDAY, THE 26 DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO.18031 OF 2021**
**PETITIONER:**
JINU K.G. AGED 31 YEARS S/O.KUTTAPPAN, T.C.11/810, NALANDA HOUSE, NALANDA JN., NANTHANCODE, THIRUVANANTHAPURAM. BY ADVS. SRI R.SUNIL KUMAR MS. A.SALINI LAL
## **RESPONDENTS:**
|1|THE STATE OF KERALA||
|---|---|---|
||REP. BY THE ADDL. CHIEF SECRETARY, KERALA PUBLIC WORKS||
||DEPARTMENT, GOVERNMENT SECRETARIAT,||
||THIRUVANANTHAPURAM - 695 001.||
|2|KERALA PUBLIC WORKS DEPARTMENT||
||REP. BY THE PROJECT DIRECTOR,|KERALA STATE TRANSPORT|
||PROJECT JAGAD BUILDINGS,||
||KOWDIAR P.O.,||
||THIRUVANANTHAPURAM - 695 003.||
|3|THE EXECUTIVE ENGINEER||
||PWD ROADS DIVISION, THIRUVANANTHAPURAM - 695 033.||
|4|THE DISTRICT COLLECTOR||
||COLLECTORATE, THIRUVANANTHAPURAM DIST. - 695 035.||
|5|INDIAN OIL CORPORATION LIMITED||
||REP. BY ITS DEPUTY GENERAL MANAGER, GROUND FLOOR,||
||PREMIER PARK, INCHAKKAL BYE PASS ROAD, VALLAKKADAVU||
||P.O., THIRUVANANTHAPURAM - 695 008.||
|6|THE CENTRAL POLLUTION CONTROL|BOARD|
||EAST ARJUN NAGAR, NEW DELHI -|110 032 REP. BY ITS|
||DIRECTOR.||
|7|THE KERALA STATE POLLUTION CONTROL BOARD||
||REPRESENTED BY ITS CHAIRMAN, PATTOM P.O.,||
||THIRUVANANTHAPURAM - 695 004.||
WP(C)Nos.11517/2020 & con.cases 23
8 THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, PLAMOODU, PATTOM - 695 004. 9 THE DISTRICT TOWN PLANNER DEPARTMENT OF COUNTRY AND TOWN PLANNING, DISTRICT TOWN PLANNING OFFICE, THIRUVANANTHAPUAM - 695 034. BY ADVS. SRI M.GOPIKRISHNAN NAMBIAR SRI RAAJESH S.SUBRAHMANIAN SRI K.JOHN MATHAI SRI JOSON MANAVALAN SRI KURYAN THOMAS SRI PAULOSE C. ABRAHAM SRI RAJA KANNAN SRI T.NAVEEN SRI M.RAJEEV, GOVT.PLEADER
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:**
WP(C)Nos.11517/2020 & con.cases
24
**IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945 WP(C) NO. 27900 OF 2021**
**PETITIONERS:**
1 HAMZA K., S/O. MOIDEEN, HOUSE NO. 12/108, KUROOR HOUSE, PERUNTHALLOOR P.O., TIRUR, MALAPPURAM, KERALA-676102. 2 ABIDA K., W/O. ANWAR KURUR, KANNATH HOUSE, PERUNTHALLOOR P.O., TIRUR, MALAPPURAM DISTRICT, KERALA-676102. 3 NASAR, S/O. ALI, VELUTHEDATH PARAMBIL (H), PERUNTHALLOOR P.O., TIRUR, MALAPPURAM DISTRICT, KERALA-676102. 4 SAJITHA, W/O. ABDUSAMAD, VELUTHEDATH PARAMBIL HOUSE, PERUNTHALLOOR P.O., TIRUR, MALAPPURAM DISTRICT, KERALA-676102. 5 HAMZA K., S/O. KHADER, KUROOR HOUSE, PERUNTHALLOOR P.O., TIRUR, MALAPPURAM DISTRICT, KERALA-676102. 6 KHALID, S/O. HAMZA, KUROOR HOUSE, PERUNTHALLOOR P.O., TIRUR, MALAPPURAM DISTRICT, KERALA-676102. BY ADVS. ATUL SOHAN VINAI JOHN, R.REJI (ATTINGAL) SREEJA SOHAN K.
WP(C)Nos.11517/2020 & con.cases
25
**RESPONDENTS:**
1 AIR AND WATER APPELLATE AUTHORITY, REPRESENTED BY ITS CHAIRMAN, DEVI KRIPA BUILDING, TC 13/29(8), 2ND FLOOR, KANNAMMOOLA, PETTAH, THIRUVANANTHAPURAM DISTRICT-695024. 2 CENTRAL POLLUTION CONTROL BOARD, REPRESENTED BY ITS CHAIRMAN, PARIVESH BHAVAN,EAST ARJUN NAGAR, DELHI-110032. 3 KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS CHAIRMAN, HEAD OFFICE, PATTOM P.O., THIRUVANANTHAPURAM-695004. 4 ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, NO. 19/269-A, PERINTHALMANNA ROAD, UP HILL P.O., MALAPPURAM DISTRICT-676505. 5 M/S. PROPOSED PETROL PUMP, REPRESENTED BY ITS MANAGER/AUTHORIZED PERSON BIJU K.P., TRIPANGODE,TIRUR, MALAPPURAM DISTRICT-676102. 6 ADDITIONAL DISTRICT MAGISTRATE, MALAPPURAM, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, UP HILL, MALAPPURAM DISTRICT,KERALA, PIN-676505. 7 CHIEF DIVISIONAL RETAIL SALES MANAGER, INDIAN OIL CORPORATION LIMITED, KOZHIKODE DIVISIONAL OFFICE, 2ND FLOOR, PMK TOWERS, CIVIL STATION P.O.,WAYANAD ROAD, KOZHIKODE DISTRICT,KERALA-673020. 8 BIJU K.P.,S/O. SUBRAMANIAN, R/O. KATTIKAATTUPARAMBIL HOUSE, EZHOOR, TIRUR TALUK, MALAPPURAM DISTRICT, KERALA, PIN-676101. 9 MUHAMMED KUTTY, AGED 49 YEARS, S/O. POKER ALIAS BAVA, KAMBILA VALAPPIL HOUSE, CHAMRAVATTOM P.O., TIRUR TALUK,MALAPPURAM DISTRICT, PIN-676101. BY ADVS.SRI RAAJESH S.SUBRAHMANIAN SRI M.GOPIKRISHNAN NAMBIAR SRI K.JOHN MATHAI
WP(C)Nos.11517/2020 & con.cases 26 SRI JOSON MANAVALAN SRI KURYAN THOMAS SRI PAULOSE C. ABRAHAM SRI RAJA KANNAN SRI T.NAVEEN SRI M.RAJEEV, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
27
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 10367 OF 2021**
## **PETITIONER:**
M.SAINUDHEEN AGED 60 YEARS SON OF MOIDEEN KUNJU, AGED 60 YEARS, NADAKKAVINTE KIZHAKKATHIL, PALLIMURI, PORUVAZHY, SOORANADU P.O, KOLLAM. BY ADVS. SRI P.K.NIJOY SMT.C.PRABITHA SMT.K.R.REMYA (KARUKAYIL) SRI.REJOICE B.CHEMBAKASSERIL
## **RESPONDENTS:**
|1|STATE OF KERALA||
|---|---|---|
||REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF||
||GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-||
||01.||
|2|THE DISTRICT COLLECTOR,||
||COLLECTORATE, KOLLAM-681 013.||
|3|CENTRAL POLLUTION CONTROL BOARD,||
||OFFICE OF CENTRAL POLLUTION CONTROL BOARD, NEW DELHI||
||110 032, REPRESENTED BY ITS DIRECTOR.||
|4|THE DISTRICT TOWN PLANNER,||
||OFFICE OF DISTRICT TOWN PLANNER, MUNICIPAL BUILDING,||
||CHINNAKKADA, KOLLAM-691 013||
|5|THE KERALA STATE POLLUTION CONTROL BOARD,||
||PATTOM P.O, THIRUVANANTHAPURAM,|695 004, REPRESENTED BY|
||ITS CHIEF ENVIRONMENTAL ENGINEER.||
|6|THE ENVIRONMENTAL ENGINEER,||
||KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,||
||KOLLAM-691 013||
|7|NARAYA ENERGY LTD.,||
||6B, 6TH FLOOR, NOEL FOCUS, SEAPORT AIRPORT ROAD,||
||CHITTETHUKARA, CSEZ P.O-682 037, REPRESENTED BY ITS||
||MANAGING DIRECTOR.||
WP(C)Nos.11517/2020 & con.cases 28
8 PORUVAZHY GRAMA PANCHAYATH, OFFICE OF PORUVAZHY GRAMA PANCHAYATH, OFFICE OF PORUVAZHY GRAMA PANCHAYATH, PORUVAZHY P.O, KOLLAM-680 520, REPRESENTED BY ITS SECRETARY. 9 SAINUDEEN S, SON OF SULAIMAN RAWTHER, AGED 56 YEARS, S.S. NIVAS, PADINJATTOM KIZHAKKU, SOORANADU P.O, SOORANADU NORTH VILLAGE, KUNNATHUR TALUK, KOLLAM, PRESENTLY RESIDING AT PARANKIMAVILAYIL VEEDU, THEKKE MURI, SOORANADU P.O, KOLLAM-690 522 10 SAJITHA, WIFE OF SAINUDEEN S, S.S. NIVAS, PADINJATTOM KIZHAKKU, SOORANADU NORTH VILLAGE, KUNNATHOOR TALUK, KOLLAM, PRESENTLY RESIDING AT PARANKIMAVILAYIL VEEDU, THEKKE MURI, SOORANADU P.O, KOLLAM-690 522 BY ADVS. SRI M.RAJEEV, GOVERNMENT PLEADER SRI RAAJESH S.SUBRAHMANIAN SRI S.BIJU (KIZHAKKANELA) SHRI.VINOY VARGHESE KALLUMOOTTIL SC PORUVAZHY GRAMA PANCHAYAT SRI JOHNSON GOMEZ SRI SANJAY JOHNSON MS.SREEDEVI S. SRI ENLIN MARY RODRIGUS SRI MOHAMED SHEHARAN SRI DINOOP P.D. SRI SANJITH JOHNSON
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
29
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE T.R.RAVI**
**TH WEDNESDAY, THE 26 DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 11907 OF 2021**
## **PETITIONER:**
M. SAINUDEEN AGED 60 YEARS S/O. MOIDEEN KUNJU, NADAKKAVINTE KIZHAKKATHIL, PALLIMURI, PORUVAZHY, SOORANADU P. O., KOLLAM. BY ADV S.MOHAMMED AL RAFI
## **RESPONDENTS:**
|1|STATE OF KERALA|||
|---|---|---|---|
||REPRESENTED BY SECRETARY TO GOVERNMENT, ENVIRONMENT|||
||DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.|||
|2|CENTRAL GOVERNMENT|||
||REPRESENTED BY ITS|SECRETARY TO GOVERNMENT, MINISTRY OF||
||PETROLEUM AND NATURAL GAS, SHASHTRI BHAWAN, NEW DELHI -|||
||110 001.|||
|3|DISTRICT COLLECTOR|||
||COLLECTORATE, KOLLAM -||681013.|
|4|CENTRAL POLLUTION CONTROL BOARD|||
||REPRESENTED BY ITS|DIRECTOR, OFFICE OF THE CENTRAL||
||POLLUTION CONTROL BOARD, PARIVESH BHAWAN , CBD-CUM-|||
||OFFICE COMPLEX, EAST ARJUN NAGAR, NEW DELHI - 110 032.|||
|5|DISTRICT TOWN PLANNER,||KOLLAM|
||OFFICE OF DISTRICT|TOWN PLANNER, MUNICIPAL BUILDING,||
||CHINNAKKADA, KOLLAM - 691 001.|||
|6|KERALA STATE POLLUTION||CONTROL BOARD|
||REPRESENTED BY ITS|CHIEF ENVIRONMENTAL ENGINEER, PATTOM||
||P. O., THIRUVANANTHAPURAM - 695 003.|||
|7|ENVIRONMENTAL ENGINEER|||
||KERALA STATE POLLUTION||CONTROL BOARD, DISTRICT OFFICE,|
||KOLLAM - 691 001.|||
|8|NAYARA ENERGY LTD.|||
||REPRESENTED BY ITS|MANAGING DIRECTOR, 6B, 6TH FLOOR,||
||NOEL FOCUS, SEAPORT AIRPORT ROAD, CHITTETHUKARA, CSEZ|||
||P. O., ERNAKULAM -|682|037.|
WP(C)Nos.11517/2020 & con.cases 30
9 PORUVAZHY GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, OFFICE OF PORUVAZHY GRAMA PANCHAYATH, PORUVAZHY P. O., KOLLAM - 680 520. 10 SAINUDEEN S. AGED 56 YEARS S/O. SULAIMAN RAWTHER, S.S. NIVAS, PADINJATTOM KIZHAKKU, SOORANADU P. O., SOORANADU NORTH VILLAGE, KUNNATHUR TALUK, KOLLAM - 690 522., PRESENTLY RESIDING AT PARANKIMAVILAYIL VEEDU, THEKKE MURI, SOORANADU P. O., KOLLAM - 690 522. 11 SAJITHA W/O. ABDUL RASHEED, S.S. NIVAS, PADINJATTOM KIZHAKKU, SOORANADU P. O., SOORANADU NORTH VILLAGE, KUNNATHUR TALUK, KOLLAM - 690 522., PRESENTLY RESIDING AT PARANKIMAVILAYIL VEEDU, THEKKE MURI, SOORANADU P. O., KOLLAM - 690 522. BY ADVS. SRI M.RAJEEV, GOVT.PLEADER SMT.VANDANA P., CGC SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, SRI RAAJESH S.SUBRAHMANIAN JOHNSON GOMEZ VINOY VARGHESE KALLUMOOTTILL S.BIJU (KIZHAKKANELA) SANJAY JOHNSON
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
31
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 12880 OF 2021**
## **PETITIONER/S:**
SAINUDEEN S., AGED 56 YEARS, S/O SULAIMAN RAWTHER, SS NIVAS, PADIJATTOM KIZAHKU, SOORANAD P.O, SOORANAD NORTH VILLAGE, KUNNATHUR TALUK, KOLLAM DISTRICT, KERALA. PRESENTLY RESIDING AT PARANKIMAMVILAYIL VEEDU, THEKKE MURI, SOORANAD P.O, KOLLAM DISTRICT-690522. BY ADVS. SRI S.BIJU (KIZHAKKANELA) SRI JOHNSON GOMEZ
## **RESPONDENTS:**
1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM PIN-695001. 2 THE DISTRICT COLLECTOR, KOLLAM DISTRICT COLLECTORATE, KOLLAM-691013. 3 PORUVAZHI GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, AMBALATHUM BHAGOM P.O, PORUVAZHI, KOLLAM-690520.
WP(C)Nos.11517/2020 & con.cases 32 4 SECRETARY, PORUVAZHI GRAMA PANCHAYATH, AMBALATHUM BHAGOM P.O, PORUVAZHI, KOLLAM-690520. 5 THE NAYARA ENERGY LTD(FORMERLY ESSAR OIL LTD) REPRESENTED BY ITS JOINT GM, DIVISIONAL MANAGER, RETAIL BD, NO.602, 6TH FLOOR, INFRA FUTURA BUILDING, OPPOSITE BHARAT MATHA COLLEGE, THRIKKAKARA, SEAPORT AIRPORT ROAD, KAKKANAD, ERNAKULAM DISTRICT,PIN-682021. 6 SAINUDEEN M., AGED 6 YEARS, NADAKKAVINTE KIZHAKKATHIL, PALLIMURI, PORUVAZHI, SOORANAD P.O, KOLLAM DISTRICT-690522. **ADDL R7. IMPLEADED** ADDL R7 MUNEER M. AGED 51 YEARS, S/O MUHAMMAD, MADATHIL HOUSE, PORUVAZHY P.O., KOLLAM DISTRICT, PIN- 690520 IS IMPLEADED AS PER ORDER DATED 06.08.2021 IN IA 1/2021. ADDL.R8 **ADDL R8.IMPLEADED** A.SHAJAHAN ALIAS ADINADU SHAJI, AGED 53 YEARS, S/O ALIKUNJU, RESIDING AT KOCHUKANJICKAL, ADINAD SOUTH, KATTILKADAVU, P.O. KOLLAM, PIN – 690 542, REPRESENTED BY STATE GENERAL SECRETARY, CITIZENS' RIGHT PROTECTION COUNCIL, REGD.No.KLM/TC/277/2014, ADINADU SOUTH, KATTILKADAVU, P.O. KOLLAM DISTRICT, PIN 690 542.
WP(C)Nos.11517/2020 & con.cases 33
IS IMPLEADED AS PER ORDER DATED 26.7.2023 IN IA 1/2022.
BY ADVS. SHRI.VINOY VARGHESE KALLUMOOTTIL, SC, PORUVAZHY GRAMA PANCHAYAT. SRI SANJAY JOHNSON SRI ABDUL SALIM M. SRI ALIAS M.CHERIAN MS.UTHARA A.S SRI JOHN GOMEZ SRI VIJAYKRISHNAN S. MENON SRI K.M.RAPHY SRI ANJALY ELIAS SRI BRISTO S PARIYARAM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
34
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 15087 OF 2021**
**PETITIONER:**
SAINUDHEEN M. AGED 60 YEARS S/O. MOIDEEN KUNJU, NADAKKAVINTE KIZHAKKETHIL, PALLIMURI, PORUVAZHY, SHOORANADU P.O., KOLLAM DISTRICT. BY ADVS. SRI ABDUL SALIM M. SRI NAVANEETH D.PAI
## **RESPONDENTS:**
|1|S.SAINUDHEEN|||||
|---|---|---|---|---|---|
||AGED 56 YEARS|||||
||S/O. SULAIMAN RAVUTHAR, S.S.NIVAS, PADINJATTOM|||||
||KIZHAKKU, SHOORANADU P.O., SHOORANADU NORTH VILLAGE,|||||
||KOLLAM DISTRICT, PIN-690522.|||||
|2|PORUVAZHY GRAMA PANCHAYAT|||||
||AMBALATHUMBHAGOM P.O., PORUVAZHI, KOLLAM DISTRICT,|||||
||PIN-690520, REPRESENTED BY ITS SECRETARY.|||||
|3|SECRETARY,|||||
||PORUVAZHI GRAMA PANCHAYATH,|AMBALATHUMBHAGOM P.O.,||||
||PORUVAZHI, KOLLAM DISTRICT,|PIN-690||520.||
|4|THE DISTRICT COLLECTOR,|||||
||COLLECTORATE, KOLLAM DISTRICT, PIN-691013.|||||
|5|THE DISTRICT TOWN PLANNER,|||||
||MUNICIPAL BUILDING, CHINNAKKADA, KOLLAM, PIN-691||||001.|
|6|THE STATE OF KERALA,|||||
||REPRESENTED BY ITS SECRETARY, LOCAL|||SELF-GOVERNMENT||
||DEPARTMENT, GOVERNMENT SECRETARIAT,|||||
||THIRUVANANTHAPURAM, PIN-695|001.||||
|7|NARAYA ENERGY LIMITED|||||
||6B, 6TH FLOOR, NOEL FOCUS, SEAPORT AIRPORT ROAD,|||||
||CHITTETHUKARA, CSEZ P.O-682|037|REPRESENTED BY ITS|||
||MANAGING DIRECTOR|||||
WP(C)Nos.11517/2020 & con.cases 35 **ADDL.R8 IMPLEADED**
ADDL.R8 ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, USHUS BUILDING, BIG BAZAR, KOLLAM-691001. (ADDITIONAL R8 IS IMPLEADED AS PER ORDER DATED 14/12/2021 IN IA 4/2021 IN WPC) BY ADVS. SRI JOHNSON GOMEZ SRI M.RAJEEV, GOVT.PLEADER SRI JOHN GOMEZ SREEDEVI S. SRI MOHAMED SHEHARAN SRI DINOOP P.D. SRI T.NAVEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
36
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**TH WEDNESDAY, THE 26 DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 26321 OF 2021**
## **PETITIONER:**
M.SAINUDHEEN, AGED 60 YEARS SON OF MOIDEEN KUNJU, NADAKKAVINTE KIZHAKKATHIL, PALLIMURI, PORUVAZHY, SOORANADU P.O., KOLLAM. BY ADVS. SRI P.K.NIJOY MS.C.PRABITHA SRI REJOICE B.CHEMBAKASSERIL
## **RESPONDENTS:**
|1|STATE OF KERALA,||
|---|---|---|
||REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF||
||GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-||
||695 001.||
|2|THE DISTRICT COLLECTOR,||
||COLLECTORATE, KOLLAM-681 013.||
|3|THE ADDITIONAL DISTRICT MAGISTRATE,||
||KOLLAM-686 102.||
|4|CENTRAL POLLUTION CONTROL BOARD,||
||OFFICE OF CENTRAL POLLUTION CONTROL BOARD, NEW DELHI-||
||110 032, REPRESENTED BY ITS DIRECTOR.||
|5|JOINT SECRETARY (MARKETING),||
||MINISTRY OF PETROLEUM AND NATURAL GAS, GOVERNMENT OF||
||INDIA, SHASTRI BAHVAN, NEW DELHI-110|001.|
|6|REGIONAL OFFICER, MINISTRY OF ROAD TRANSPORT AND||
||HIGHWAYS,||
||REGIONAL OFFICE (KERALA AND LAKSHADWEEP REGION), PUBLIC||
||OFFICE BUILDING, OPPOSITE TO MUSEUM,||
||THIRUVANANTHAPURAM-695 033.||
|7|THE EXECUTIVE ENGINEER,||
||NATIONAL HIGHWAYS, BEACH ROAD, KOLLAM-691 001.||
WP(C)Nos.11517/2020 & con.cases 37
8 DISTRICT TOWN PLANNER, KOLLAM, OFFICE OF DISTRICT TOWN PLANNER, MUNICIPAL BUILDING, CHINNAKKADA, KOLLAM-691 001. 9 PORUVAZHY GRAMA PANCHAYATH, OFFICE OF PORUVAZHY GRAMA PANCHAAYTH, PORUVAZHY P.O., KOLLAM-680 520, REPRESENTED BY ITS SECRETARY. 10 NARAYA ENERGY LTD., 6B, 6TH FLOOR, NOEL FOCUS, SEAPORT AIRPORT ROAD, CHITTETHUKARA, CSEZ P.O., PIN-682 037, REPRESENTED BY ITS MANAGING DIRECTOR. 11 SAINUDEEN.S., AGED 56 YEARS SON OF SULAIMAN RAWTHER, SS NIVAS, PADINJATTOM KIZHAKKU, SOORANADU P.O., SOORANADU NORTH VILLAGE, KUNNATHUR TALUK, KOLLAM, PRESENTLY RESIDING AT PARANKIMAVILAYIL VEEDU, THEKKE MURI, SOORANADU P.O., KOLAM-690 522. BY ADVS. SRI RAAJESH S.SUBRAHMANIAN SRI K.SHRIHARI RAO SRI JOHNSON GOMEZ MS.SREEDEVI S. SRI S.BIJU (KIZHAKKANELA)(K/1563/2003) SRI SANJAY JOHNSON(K/000671/2018) SRI JOHN GOMEZ(K/2010/2019) SRI PARSHATHY S.R.(K/2426/2021) SRI SANJITH JOHNSON(K/988/2021) SRI MOHAMED SHEHARAN(K/001916/2021) SRI DINOOP P.D.(K/001454/2021) SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
38
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 12507 OF 2021**
**PETITIONER:**
MUHAMMED BASHEER P.E. AGED 48 YEARS S/O.MUHAMMED, SAFA MANZIL, KALOTH, KONDOTTY P.O., MALAPPURAM DIST. BY ADVS. SRI R.SUNIL KUMAR MS.A.SALINI LAL
## **RESPONDENTS:**
|1|THE CENTRAL POLLUTION CONTROL BOARD|THE CENTRAL POLLUTION CONTROL BOARD|
|---|---|---|
||EAST ARJUN NAGAR,||
||NEW DELHI 110 032,||
||REP. BY ITS DIRECTOR||
|2|KERALA STATE|POLLUTION CONTROL BOARD|
||REP. BY ITS CHAIRMAN,||
||PATTOM P.O.,|THIRUVANANTHAPURAM|
||695 004||
|3|ENVIRONMENT ENGINEER||
||KERALA STATE|POLLUTION CONTROL BOARD,|
||DISTRICT OFFICE,||
||MALAPPURAM 695 033||
|4|THE SECRETARY||
||KONDOTTY MUNICIPALITY,||
||KONDOTTY 673|638|
|5|INDIAN OIL CORPORATION LIMITED||
||REP. BY ITS DIVISIONAL MANAGER,||
||KOZHIKODE DIVISIONAL OFFICE, IIND FLOOR,||
||P.M.K TOWERS|CIVIL STATION POST,|
||WAYANAD ROAD,||
||KOZHIKODE 673 020||
WP(C)Nos.11517/2020 & con.cases 39 BY ADVS. SRI S.SUJIN SHRI.K.A.JALEEL, SC, KONDOTTY MUNICIPALITY SRI M.GOPIKRISHNAN NAMBIAR SRI K.JOHN MATHAI SRI JOSON MANAVALAN SRI KURYAN THOMAS SRI PAULOSE C. ABRAHAM SRI RAJA KANNAN SRI RAAJESH S.SUBRAHMANIAN SRI T.NAVEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases 40
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945 WP(C) NO. 12525 OF 2021**
**PETITIONER:**
DIVYASREE P.P,AGED 35 YEARS D/O. P.P. VIJAYAN, PADINJARE PUTHIYOTTIL POST CHOMBALA, VATAKARA, KOZHIKODE. BY ADVS.SRI R.SUNIL KUMAR MS.A.SALINI LAL 1 THE CENTRAL POLLUTION CONTROL BOARD EAST ARJUN NAGAR, NEW DELHI-110 032, REP. BY ITS DIRECTOR. 2 THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS CHAIRMAN, PATTOM P.O, THIRUVANANTHAPURAM-695 004 3 THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOZHIKODE-673 002 4 THE DISTRICT TOWN PLANNER, DEPARTMENT OF COUNTRY AND TOWN PLANNING, DISTRICT TOWN PLANNING OFFICE, KURDFC BUILDING, CHAKKORATHUKULAM, WEST HILL P.O, KOZHIKODE-673 005 5 INDIAN OIL CORPORATION LIMITED, REP. BY ITS DIVISIONAL MANAGER, KOZHIKODE DIVISIONAL OFFICE, IIND FLOOR, P.M.K TOWERS CIVIL STATION POST, WAYANAD ROAD, KOZHIKODE -673 020 BY ADVS.SRI S.SUJIN SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, SRI M.GOPIKRISHNAN NAMBIAR SRI K.JOHN MATHAI, SRI JOSON MANAVALAN SRI KURYAN THOMAS, SRI PAULOSE C. ABRAHAM SRI RAJA KANNAN SRI RAAJESH S.SUBRAHMANIAN SRI T.NAVEEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
## **RESPONDENTS:**
WP(C)Nos.11517/2020 & con.cases
41
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 17666 OF 2021**
**PETITIONER:**
SHEMEER T.P AGED 41 YEARS S/O KUNHIMOITHU, PINARAYI AMSOM, THALASSERY TALUK, KANNUR BY ADVS. MS.A.SALINI LAL SRI R.SUNIL KUMAR
## **RESPONDENTS:**
|1<br>THE CENTRAL POLLUTION CONTROL BOARD|1<br>THE CENTRAL POLLUTION CONTROL BOARD|
|---|---|
|EAST ARJUN NAGAR,M NEW DELHI-110 032, REP BY ITS||
|DIRECTOR||
|2<br>THE KERALA STATE POLLUTION|CONTROL BOARD,|
|REPRESENTED BY ITS CHAIRMAN, PATTOM||
|P.O.THIRUVANANTHAPURAM-695|004.|
|3<br>THE ENVIRONMENTAL ENGINEER||
|KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,||
|KANNUR-670 673.||
|4<br>THE DISTRICT TOWN PLANNER,||
|DEPARTMENT OF COUNTRY AND TOWN PLANNING, DISTRICT TOWN||
|PLANNING OFFICE, KANNUR-670 673.||
|5<br>INDIAN OIL CORPORATION LIMITED,||
|REP BY ITS CHIEF REGIONAL MANAGER,||
|KOZHIKODE DIVISIONAL OFFICE, 11ND FLOOR,||
|P.M.K. TOWERS ,||
|CIVIL STATION POST, WAYANAD ROAD, KOZHIKODE-673 020.||
|BY ADVS.||
|SRI RAAJESH S.SUBRAHMANIAN||
|SRI M.GOPIKRISHNAN NAMBIAR||
|SRI K.JOHN MATHAI||
|SRI JOSON MANAVALAN||
|SRI KURYAN THOMAS||
WP(C)Nos.11517/2020 & con.cases 42 SRI PAULOSE C. ABRAHAM SRI RAJA KANNAN SRI T.NAVEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
43
**==> picture [36 x 41] intentionally omitted <==**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 17717 OF 2021**
## **PETITIONER:**
ARUNKUMAR.P AGED 51 YEARS S/O. P. SHANKARAN, KAILASAM, VILLIKKAL, KOTTAKUNNU, CHEVAYUR, KOZHIKODE BY ADV SRI V.M.KRISHNAKUMAR
|**RESPONDENTS**<br>**:**|**RESPONDENTS**<br>**:**|||
|---|---|---|---|
|1|THE CENTRAL POLLUTION CONTROL BOARD|||
||EAST ARJUN NAGAR, NEW DELHI|110 032||
||REPRESENTED BY ITS DIRECTOR.|||
|2|TKERALA STATE POLLUTION CONTROL BOARD|||
||REPRESENTED BY ITS CHAIRMAN,|||
||PATTOM P.O, THIRUVANANTHAPURAM 695||004|
|3|THE ENVIRONMENTAL ENGINEER|||
||KERALA STATE POLLUTION CONTROL BOARD,|||
||DISTRICT OFFICE, KOZHIKODE 673 003|||
|4|THE DISTRICT TOWN PLANNER|||
||DEPARTMENT OF COUNTRY AND TOWN PLANNING DISTRICT TOWN|||
||PLANNING OFFICE, KOZHIKODE 673 002|||
|5|INDIAN OIL CORPORATION LIMITED|||
||REPRESENTED BY ITS CHIEF REGIONAL MANAGER,|||
||TRIVANDRUM DIVISIONAL OFFICE, GROUND FLOOR,|||
||PREMIER PARK, INCHAKKAL BYE|PASS ROAD,||
||VALLAKKADAVU P.O,|||
||THIRUVANANTHAPURAM.|||
||BY ADVS.|||
||SRI RAAJESH S.SUBRAHMANIAN|||
||SRI M.GOPIKRISHNAN NAMBIAR|||
||SRI K.JOHN MATHAI|||
||SRI JOSON MANAVALAN|||
||SRI KURYAN THOMAS|||
||SRI PAULOSE C. ABRAHAM|||
||SRI RAJA KANNAN|||
WP(C)Nos.11517/2020 & con.cases 44 SRI T.NAVEEN SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
45
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**TH WEDNESDAY, THE 26 DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 17752 OF 2021**
## **PETITIONER:**
JAMSHEER V.P. AGED 40 YEARS S/O MAMMU C.K., KODAMBATTIL, MURIYANAL, KUNNAMANGALAM, KOZHIKODE. BY ADVS. SRI R.SUNIL KUMAR MS.A.SALINI LAL
## **RESPONDENTS:**
|1|CENTRAL POLLUTION CONTROL BOARD|
|---|---|
||EAST ARJUN NAGAR, NEW DELHI-110032, REPRESENTED BY ITS|
||DIRECTOR.|
|2|THE KERALA STATE POLLUTION CONTROL BOARD|
||REPRESENTED BY ITS CHAIRMAN, PATTOM P.O,|
||THIRUVANANTHAPURAM-695004.|
|3|THE ENVIRONMENTAL ENGINEER|
||KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,|
||KOZHIKODE-673002.|
|4|THE DISTRICT TOWN PLANNER|
||DEPARTMENT OF COUNTRY AND TOWN PLANNING, DISTRICT TOWN|
||PLANNING OFFICE, KOZHIKODE-673002.|
|5|INDIAN OIL CORPORATION LIMITED|
||REPRESENTED BY ITS DIVISIONAL MANAGER, KOZHIKODE|
||DIVISIONAL OFFICE, IIND FLOOR, P.M.K.TOWERS CIVIL|
||STATION POST, WAYANAD ROAD, KOZHIKODE-673020.|
||BY ADVS.|
||SRI RAAJESH S.SUBRAHMANIAN|
||SRI M.GOPIKRISHNAN NAMBIAR|
||SRI K.JOHN MATHAI|
WP(C)Nos.11517/2020 & con.cases 46 SRI JOSON MANAVALAN SRI KURYAN THOMAS SRI PAULOSE C. ABRAHAM SRI RAJA KANNAN SRI T.NAVEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
47
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945**
## **WP(C) NO. 17758 OF 2021**
## **PETITIONER/S:**
RAJESH.O.K AGED 32 YEARS S/O. KELU, MAMBETTY, MAKKIYAD, KANJIRANGAD, WAYANAD. BY ADV SRI R.SUNIL KUMAR MS.A. SALINI LAL
## **RESPONDENTS:**
|1|THE CENTRAL POLLUTION CONTROL BOARD|||
|---|---|---|---|
||EAST ARJUN NAGAR, NEW DELHI-110 032 REPRESENTED BY ITS|||
||DIRECTOR.|||
|2|THE KERALA STATE POLLUTION CONTROL BOARD|||
||REPRESENTED BY ITS CHAIRMAN, PATTOM P.O.,|||
||THIRUVANANTHAPURAM-695 004.|||
|3|THE ENVIRONMENTAL ENGINEER|||
||KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,|||
||MALAPPURAM-676 505.|||
|4|THE DISTRICT TOWN PLANNER|||
||DEPARTMENT OF COUNTRY AND TOWN PLANNING|||
||DISTRICT TOWN PLANNING OFFICE, MALAPPURAM-676||505.|
|5|INDIAN OIL CORPORATION LIMITED|||
||REPRESENTED BY ITS CHIEF REGIONAL MANAGER, KOZHIKODE|||
||DIVISIONAL OFFICE, IIND FLOOR, P.M.K. TOWERS,||CIVIL|
||STATION POST, WAYANAD ROAD, KOZHIKODE-673|020.||
||BY ADVS.|||
||SRI RAAJESH S.SUBRAHMANIAN|||
||SRI M.GOPIKRISHNAN NAMBIAR|||
||SRI K.JOHN MATHAI|||
||SRI JOSON MANAVALAN|||
||SRI KURYAN THOMAS|||
||SRI PAULOSE C. ABRAHAM|||
WP(C)Nos.11517/2020 & con.cases
48
SRI RAJA KANNAN SRI T.NAVEEN SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
49
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 17787 OF 2021**
## **PETITIONER:**
AYESHA JUMANA MALIGA AGED 31 YEARS D/O. IQBAL MALIGA ZAM ZAM MANZIL, POVVAL MULIYAR, KASARGODE BY ADVS. SRI R.SUNIL KUMAR MS. A.SALINI LAL
## **RESPONDENTS:**
|1|THE CENTRAL POLLUTION CONTROL BOARD|
|---|---|
||EAST ARJUN NAGAR, NEW DELHI 110 032 REPRESENTED BY ITS|
||DIRECTOR|
|2|THE KERALA POLLUTION CONTROL BOARD|
||REPRESENTED BY ITS CHAIRMAN, PATTOM P.O,|
||THIRUVANANTHAPURAM 695 004|
|3|THE ENVIRONMENTAL ENGINEER|
||KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,|
||KASARGODE 671 315|
|4|THE DISTRICT TOWN PLANNER|
||DEPARTMENT OF COUNTRY AND TOWN PLANNING DISTRICT TOWN|
||PLANNING OFFICE, KASARAGODE 671 121|
|5|INDIAN OIL CORPORATION|
||REPRESENTED BY ITS DIVISIONAL MANAGER KOZHIKODE|
||DIVISIONAL OFFICE, IIND FLOOR, P.M.K TOWERS, CIVIL|
||STATION POST, WAYANAD ROAD, KOZHIKODE 673 020|
||BY ADVS.|
||SRI RAAJESH S.SUBRAHMANIAN|
||SRI M.GOPIKRISHNAN NAMBIAR|
||SRI K.JOHN MATHAI|
WP(C)Nos.11517/2020 & con.cases 50 SRI JOSON MANAVALAN SRI KURYAN THOMAS SRI PAULOSE C. ABRAHAM SRI RAJA KANNAN SRI T.NAVEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
51
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945 WP(C) NO. 20105 OF 2021**
**PETITIONER:**
||ASWATH D.,|
|---|---|
||AGED 37 YEARS|
||S/O. DASAN K.A., KOOTTUNGALTHARA HOUSE,|
||PAZHANGAD EAST, EDAVANAKKAD,|
||VYPIN ISLAND,|
||ERNAKULAM.|
||BY ADV SRI R.SUNIL KUMAR|
|**RESPONDENTS:**||
|1|THE CENTRAL POLLUTION CONTROL BOARD,|
||EAST ARJUN NAGAR, NEW DELHI-110032,|
||REPRESENTED BY ITS DIRECTOR.|
|2|THE KERALA STATE POLLUTION CONTROL BOARD,|
||REPRESENTED BY ITS CHAIRMAN, PATTOM P.O.,|
||THIRUVANANTHAPURAM-695004.|
|3|THE ENVIRONMENTAL ENGINEER,|
||KERALA STATE POLLUTION CONTROL BOARD,|
||DISTRICT OFFICE,|
||ALAPPUZHA-688001.|
|4|THE DISTRICT TOWN PLANNER,|
||DEPARTMENT OF COUNTRY AND TOWN PLANNING, DISTRICT TOWN|
||PLANNING OFFICE, ALAPPUZHA-688001.|
|5|INDIAN OIL CORPORATION LIMITED,|
||REPRESENTED BY ITS DIVISIONAL MANAGER,|
||COCHIN DIVISIONAL OFFICE,|
||PANAMPALLY AVENUE, PANAMPILLY NAGAR,|
||KOCHI-682036.|
||BY ADVS. SRI RAAJESH S. SUBRAHMANIAN|
||SRI T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,|
||SRI M.GOPIKRISHNAN NAMBIAR|
||SRI JOHN MATHAI|
WP(C)Nos.11517/2020 & con.cases 52 SRI JOSON MANAVALAN SRI KURYAN THOMAS SRI PAULOSE C. ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
53
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 20113 OF 2021**
**PETITIONER:**
JACOB JOHN AGED 50 YEARS, S/O. JOHN, KURAVANVELIYIL, CMC 18/140, CHERTHALA, ALAPPUZHA. BY ADVS. SRI R.SUNIL KUMAR MS.A.SALINI LAL
## **RESPONDENTS:**
|1|THE CENTRAL POLLUTION CONTROL BOARD|THE CENTRAL POLLUTION CONTROL BOARD|
|---|---|---|
||EAST ARJUN NAGAR, NEW DELHI - 110032,||
||REP. BY ITS DIRECTOR.||
|2|THE KERALA STATE POLLUTION CONTROL|BOARD|
||REPRESENTED BY ITS CHAIRMAN,||
||PATTOM P. O., THIRUVANANTHAPURAM -|695004.|
|3|THE ENVIRONMENTAL ENGINEER||
||KERALA STATE POLLUTION CONTROL BOARD,||
||DISTRICT OFFICE, ALAPPUZHA - 688001.||
|4|THE DISTRICT TOWN PLANNER||
||DEPARTMENT OF COUNTRY AND TOWN PLANNING,||
||DISTRICT TOWN PLANNING OFFICE, ALAPPUZHA - 688 001.||
|5|INDIAN OIL CORPORATION LIMITED||
||REP. BY ITS DIVISIONAL MANAGER,||
||KOZHIKODE DIVISIONAL OFFICE, II ND|FLOOR,|
||P.M.K. TOWERS CIVIL STATION POST,||
||WAYANAD ROAD, KOZHIKODE - 673020.||
WP(C)Nos.11517/2020 & con.cases 54
BY ADVS. SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, SRI M.GOPIKRISHNAN NAMBIAR SRI K.JOHN MATHAI SRI JOSON MANAVALAN SRI KURYAN THOMAS SRI PAULOSE C. ABRAHAM SRI RAJA KANNAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
55
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**TH WEDNESDAY, THE 26 DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 25770 OF 2021**
## **PETITIONER:**
PAULOSE ABRAHAM AGED 51 YEARS S/O. ABRAHAM, NJATTUMKALAYIL HOUSE, KADAYIRUPPU, KOLENCHERRY, ERNAKULAM. BY ADVS. SRI R.SUNIL KUMAR MS.A.SALINI LAL
## **RESPONDENTS:**
|1|THE CENTRAL POLLUTION CONTROL BOARD|THE CENTRAL POLLUTION CONTROL BOARD|
|---|---|---|
||EAST ARJUN NAGAR, NEW DELHI - 110032, REPRESENTED BY||
||ITS DIRECTOR.||
|2|THE KERALA STATE POLLUTION CONTROL BOARD,||
||REPRESENTED BY ITS CHAIRMAN, PATTOM P.O,||
||THIRUVANANTHAPURAM - 695004.||
|3|THE ENVIRONMENTAL ENGINEER||
||KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,||
||ERNAKULAM - 683542.||
|4|THE DISTRICT TOWN PLANNER||
||DEPARTMENT OF COUNTRY AND TOWN PLANNING, DISTRICT TOWN||
||PLANNING OFFICE, KAKKANAD, ERNAKULAM - 682030.||
|5|INDIAN OIL CORPORATION LIMITED,||
||REPRESENTED BY ITS DIVISIONAL MANAGER, COCHIN||
||DIVISIONAL OFFICE, PANAMPALLY AVENUE, PANAMPALLY NAGAR,||
||KOCHI -|682036.|
||BY ADVS.||
||SRI RAAJESH S.SUBRAHMANIAN||
||SRI M.GOPIKRISHNAN NAMBIAR||
||SRI K.JOHN MATHAI||
||SRI JOSON MANAVALAN||
||SRI KURYAN THOMAS||
||SRI PAULOSE C. ABRAHAM||
WP(C)Nos.11517/2020 & con.cases 56
SRI RAJA KANNAN SRI T.NAVEEN SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
57
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 3350 OF 2022**
**PETITIONER:**
JOJISON V JACOB AGED 27 YEARS S/O V M JACOB, VALIYAPARAMBIL HOUSE, KINATTINGAL KARULAI, MALAPPURAM. BY ADVS. SRI R.SUNIL KUMAR MS. A.SALINI LAL SRI ARUN KRISHNA
## **RESPONDENTS:**
|1|THE CENTRAL POLLUTION CONTROL BOARD|
|---|---|
||EAST ARJUN NAGAR, NEW DELHI-110032, REPRESENTED BY ITS|
||DIRECTOR.|
|2|THE KERALA STATE POLLUTION CONTROL BOARD|
||REPRESENTED BY ITS CHAIRMAN, PATTOM P O,|
||THIRUVANANTHAPURAM-695004.|
|3|THE ENVIRONMENTAL ENGINEER|
||THE KERALA STATE POLLUTION CONTROL BOARD DISTRICT|
||OFFICE, MALAPPURAM, PIN-676505.|
|4|THE DISTRICT TOWN PLANNER|
||DEPARTMENT OF COUNTRY AND TOWN PLANNING, DISTRICT TOWN|
||PLANNING OFFICE, MALAPPURAM-676505.|
||BY ADVS. RAAJESH S.SUBRAHMANIAN|
||SRI T.NAVEEN|
||SRI M.RAJEEV, GOVT.PLEADER|
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
58
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 5963 OF 2022**
## **PETITIONER:**
BOBY SEBASTIAN AGED 42 YEARS S/O.DEVASIA, VALUVETTICKAL, KELAKAM, PERUMTHANAM, KANNUR.
BY ADVS. SRI R.SUNIL KUMAR MS.A.SALINI LAL SRI ARUN KRISHNA
## **RESPONDENTS:**
|1|CENTRAL POLLUTION CONTROL BOARD|
|---|---|
||EAST ARJUN NAGAR, NEW DELHI-110032, REPRESENTED BY ITS|
||DIRECTOR.|
|2|KERALA STATE POLLUTION CONTROL BOARD|
||REPRESENTED BY ITS CHAIRMAN, PATTOM.P.O,|
||THIRUVANANTHAPURAM-695004.|
|3|THE ENVIRONMENTAL ENGINEER|
||KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,|
||KANNUR-670012.|
|4|THE DISTRICT TOWN PLANNER|
||DEPARTMENT OF COUNTRY AND TOWN PLANNING, DISTRICT TOWN|
||PLANNING OFFICE, KANNUR-670012.|
|5|NAYARA ENERGY,|
||REPRESENTED BY ITS AUTHORISED SIGNATORY,|
||INFRA FUTURA BUILDING NO:602,|
||6TH FLOOR,|
||OPPOSITE TO BHARATH MATA COLLEGE,|
||SEA-PORT-AIRPORT ROAD, THRIKKAKARA, KAKKANAD,|
||ERNAKULAM-682021.|
WP(C)Nos.11517/2020 & con.cases 59 BY ADV SRI RAAJESH S.SUBRAHMANIAN SRI T. NAVEEN SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
60
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 6375 OF 2022**
**PETITIONER:**
DEVARAJAN BHASKARAN AGED 62 YEARS S/O BHASKARAN, R/O MANGALASSERI VEEDU, KANJIRAMCODE CHERRY, MULAVANA VILLAGE, KOLLAM DISTRICT, PIN-691503. BY ADVS. SRI M.K.CHANDRA MOHANDAS SRI HARIKRISHNAN M.S.
## **RESPONDENTS:**
|1|STATE OF KERALA|
|---|---|
||REPRESENTED BY SECRETARY TO GOVERNMENT, ENVIRONMENT|
||DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.|
|2|CENTRAL POLLUTION CONTROL BOARD.|
||REPRESENTED BY ITS DIRECTOR, PARIVESH BHAVAN, CBD-CUM-|
||OFFICE COMPLEX EAST, ARJUN NAGAR, NEW DELHI-110032.|
|3|KERALA STATE POLLUTION CONTROL BOARD|
||REPRESENTED BY THE CHIEF ENVIRONMENTAL ENGINEER, PATTOM|
||OFFICE, THIRUVANANTHAPURAM-695003.|
|4|THE ASSISTANT ENVIRONMENT ENGINEER|
||THE KERALA STATE POLLUTION CONTROL BOARD, USHAS|
||BUILDING, BIG BAZAR, KOLLAM PIN-691001.|
|5|THE AIR APPELLATE AUTHORITY|
||THAMPANOOR, THIRUVANANTHAPURAM-695002 REPRESENTED BY|
||ITS CHAIRMAN.|
|6|DEPUTY GENERAL MANAGER (RETAIL SALES)|
||INDIAN OIL CORPORATION LIMITED, TRIVANDRUM DIVISIONAL|
||OFFICE, GROUND FLOOR, PREMIER PARK, INCHAKKAL BYE PASS|
||ROAD, VALLAKKADAVU P O, THIRUVANANTHAPURAM, PIN-695008.|
||BY ADVS.|
||SRI M.GOPIKRISHNAN NAMBIAR|
||SRI K.JOHN MATHAI|
||SRI JOSON MANAVALAN|
||SRI KURYAN THOMAS|
WP(C)Nos.11517/2020 & con.cases 61 SRI PAULOSE C. ABRAHAM SRI RAJA KANNAN SRI T.NAVEEN SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
62
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 1513 OF 2022**
**PETITIONERS:**
1 SABU K.K., AGED 63 YEARS, S/O. KRISHNA PILLAI, KORASSERIL HOUSE, CHERAI P.O., PIN 683 514. 2 SONY K.K., AGED 59 YEARS, S/O. KRISHNA PILLAI, KORASSERIL HOUSE, CHERAI P.O., PIN 683 514. 3 GOPALAKRISHNAN, AGED 68 YEARS, S/O. NARAYANAN, PARAYIL HOUSE, CHERAI P.O. PIN 683 514. 4 MANIBEN BABU, AGED 58 YEARS, S/O. ARAVINDAN, NELLIPPARAMBIL HOUSE, CHERAI P.O., PIN 683 514. 5 M.K. VENU, AGED 63 YEARS, S/O. KRISHNAN KUTTY, MANGALAPILLY HOUSE, CHERAI P.O., PIN 683 514. BY ADVS. SRI ABRAHAM P.GEORGE SRI PRAKASH KESAVAN MS.M.SANTHY
**RESPONDENTS:**
1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF PETROLEUM AND NATURAL GAS, A-WING, SHASTRI RAJENDRA PRASAD ROAD, 11001, AZAD BHAWAN RD, IP ESTATE, NEW DELHI, DELHI 110002. 2 DISTRICT COLLECTOR, ERNAKULAM, OFFICE AT CIVIL STATION, KAKKANAD, 682 030.
WP(C)Nos.11517/2020 & con.cases 63 3 THE ADDITINAL DISTRICT MAGISTRATE, ERNAKULAM, OFFICE AT CIVIL STATION, KAKKKANAD, 682 030. 4 SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA, OFFICE AT POWER HOUSE JUNCTION, SUB JAIL RD, PERIYAR NAGAR, ALUVA, KERALA 683 101. 5 REGIONAL FIRE OFFICER, FIRE AND RESCUE SERVICES, ERNAKULAM, KOCHI 682 020. 6 THE TAHASILDAR, TALUK OFFICE, GROUND FLOOR, KB JACOB RD, FORT KOCHI, KOCHI 682 001. 7 PETROLEUM AND EXPOLSIVE SAFETY ORGANIZATION (PESO), A & D WING, BLOCK 1-8, 2ND FLOOR, SHASTRI BHAVAN, 26 HADDOUS ROD, NUGAMPAKKAM, CHENNAI 600006. 8 KERALA STATE POLLUTION CONTROL BOARD, PATTAM P.O., THIRUVANANTHAPURAM 695 004. 9 NAYARA ENERGY LTD (FORMERLY ESSAR OIL LTD), 6TH FLOOR, NOYAL FOCUS, SEAPORT AIRPORT ROAD, CHITTETHUKARA, KOCHI 682 037. 10 THEERTHAM FUELS, OPP. SM HIGH SCHOOL, MUNAMBAM VYPIN ROAD, PALLIPPURAM , REP. BY ITS MANAGING PARTNER, SANAL A.S., AGED 37 YEARS, RESIDING AT ALIL BLANGAD P.O., KADAPPURMA VILLAGE , CHAVAKKAD TALUK, THRISSUR DISTRICT 680 506. BY ADVS. SRI P.R.AJITH KUMAR MS.SREEDEVI S. SRI S.BIJU (KIZHAKKANELA)(K/1563/2003) SRI JOHNSON GOMEZ(K/474/1992)
WP(C)Nos.11517/2020 & con.cases 64 SRI SANJAY JOHNSON(K/000671/2018) SRI SANJITH JOHNSON(K/988/2021) SRI JOHN GOMEZ(K/2010/2019) SRI DINOOP P.D.(K/001454/2021) SRI MOHAMED SHEHARAN(K/001916/2021) SRI PARSHATHY S.R.(K/2426/2021) SRI T.NAVEEN SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
65
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 1942 OF 2022**
## **PETITIONER:**
AYSHA N AGED 47 YEARS W/O. ABDUL SALAM K.L, PARAKKUNNAM, PALAKKAD P.O, 678 001 MANAGING PARTNER, MALABAR PETROLEUMS, DOOR NO.9/682, MAIN ROAD, PATHIRIPPALA, PALAKKAD DISTRICT, PIN 679 302 BY ADVS. SRI M.R.ANISON MS. V.BHARGAVI (PANANGAD) MS.P.A.RINUSA
## **RESPONDENTS:**
1 THE DISTRICT COLLECTOR COLLECTORTE, PALAKKAD 678 001 2 THE ADDITIONAL DISTRICT MAGISTRATE PALAKKAD 678 001 3 INDIAN OIL CORPORATION LIMITED REPRESENTED BY ITS DEPUTY GENERAL MANAGER, COCHIN DIVISIONAL OFFICE, PANAMPILLY AVENUE, PANAMPILLY NAGAR P.O, KOCHI 682 306 4 THE KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS CHAIRMAN, HEAD OFFICE, PATTOM P.O, THIRUVANANTHAPURAM 695 004 5 THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, NEAR DISTRICT PANCHAYAT OFFICE, PALAKKAD - 678 001 BY ADVS. SRI M.GOPIKRISHNAN NAMBIAR SRI K.JOHN MATHAI SRI JOSON MANAVALAN
WP(C)Nos.11517/2020 & con.cases 66 SRI KURYAN THOMAS SRI PAULOSE C. ABRAHAM SRI RAJA KANNAN SRI T.NAVEEN SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
67
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 4498 OF 2022**
**PETITIONER:**
SHAMMI, AGED 50 YEARS RESIDING AT MUKIKADA VEEDU, VARIKKAMUKKU, MURIKKUMPUZHA P.O., THIRUVANANTHAPURAM 695 302. BY ADV SRI SHAMMI,(Party-In-Person)
## **RESPONDENTS:**
|1|DISTRICT COLLECTOR ,|DISTRICT COLLECTOR ,|||
|---|---|---|---|---|
||COLLECTORATE, THIRUVANANTHAPURAM 605|||036.|
|2|MANGALAPURAM PANCHAYATH,||||
||PONTHENCODE|MARUKKUMPUZHA ROAD,|||
||MANALAPURAM|695 317,|||
||REP. BY ITS|SECRETARY.|||
|3|TAHASILDAR,||||
||TALUK OFFICE, THIRUVANANTHAPURAM 695|||302.|
|4|KERALA STATE POLLUTION CONTROL BOARD,||||
||REP. BY THE|ENVIRONMENTAL ENGINEER,|||
||DISTRICT OFFICE, T.C.||12/96 (4.5),||
||PLAMOODU, PATTOM P.O., THIRUVANANTHAPURAM 695 004.||||
|5|BHARAT PETROLEUM CORPORATION LTD,||||
||REP. BY ITS|CHIEF REGIONAL MANAGER,|||
||THIRUVANANTHAPURAM RETAIL REGIONAL OFFICE,||||
||THIRUVANANTHAPURAM 695 004.||||
|6|DISTRICT SUPPLY OFFICER,||||
||CIVIL SUPPLIES DEPARTMENT,||||
||THIRUVANANTHAPURAM 695 004.||||
WP(C)Nos.11517/2020 & con.cases 68
7 CHIEF ENGINEER, PWD ROADS DIVISION, PMG JUNCTION, THIRUVANANTHAPURAM 695 302. 8 REGIONAL FIRE OFFICER, FIRE AND RESCUE SERVICES, FIRE FORCE JUNCTION, PULIMOODU P.O., THIRUVANANTHAPURAM 695 001. 9 ABDUL RASHEED M., AKATHEKADA, MURIKKUMPUZHA P.O., THIRUVANANTHAPURAM 695 302. BY ADVS. SRI M.GOPIKRISHNAN NAMBIAR SRI K.JOHN MATHAI SRI JOSON MANAVALAN SRI KURYAN THOMAS SRI PAULOSE C. ABRAHAM SRI RAJA KANNAN SRI T.NAVEEN SRI M.RAJEEV, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
69
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE T.R.RAVI**
**WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945**
**WP(C) NO. 7185 OF 2022**
**PETITIONER:**
SUNITHA M AGED 45 YEARS, W/O NIZAMUDDIN, NIZAM MANZIL, KOTTARAKARI, SASTHAVATTAM P.O., MURUKKUMPUZHA, THIRUVANANTHAPURAM-695 305. BY ADV R.S.KALKURA
## **RESPONDENTS:**
|1|BHARAT PETROLEUM CORPORATION LTD.|BHARAT PETROLEUM CORPORATION LTD.|
|---|---|---|
||BHAVAN, 4 AND 6 CURRIMBHOY ROAD,||
||BALLARD ESTATE,||
||MUMBAI 400 001,||
||MAHARASHTRA,||
||REPRESENTED BY ITS MANAGING DIRECTOR||
|2|TERRITORY MANAGER,||
||I & C BHARAT PETROLEUM CORP. LTD,||
||SOUTHERN REGIONAL OFFICE 1,||
||RANGANATHAN GARDEN,||
||OFF 11TH MAIN ROAD,||
||ANN NAGAR, CHENNAI-600 040.||
|3|TERRITORY MANAGER I & C||
||BHARAT PETROLEUM CORP LTD,||
||1ST FLOOR, KOCHI REFINERY MARKETING BUILDING,||
||AMBALAMUGAL, KERALA-682|303.|
WP(C)Nos.11517/2020 & con.cases 70
4 THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, THIRUVANANTHAPURAM, TC 12/96 (4,5) PLAMOODU JUNCTION, PATTOM P.O.THIRUVANANTHAPURAM-695 004, REPRESENTED BY ITS ENVIRONMENTAL ENGINEER 5 ABDUL RASHEED, AKATHEKADA, VARRIKOMMUKKU, MURUKUMPUZHA P.O., THIRUVANANTHAPURAM-695 302. BY ADVS. SRI M.GOPIKRISHNAN NAMBIAR SRI R.SUNIL KUMAR SRI K.JOHN MATHAI SRI JOSON MANAVALAN SRI KURYAN THOMAS SRI PAULOSE C. ABRAHAM SRI RAJA KANNAN MS.A.SALINI LAL SRI T.NAVEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2023, ALONG WITH WPC 11507/2020 & CON.CASES, THE COURT ON 26.07.2023 DELIVERED THE FOLLOWING:
WP(C)Nos.11517/2020 & con.cases
71
## **T.R. RAVI, J.**
## **--------------------------------------------**
WP(C)Nos.11517, 12302, 14388, 15500, 15873 & 15917 of 2020, 5928, 6858, 11495, 17601, 18031, 27900 of 2021,WP(C)Nos.10367, 11907, 12880, 15087 & 26321 of 2021, W.P.(C)Nos. 12507, 12525, 17666, 17717, 17752, 17758, 17787, 20105, 20113 & 25770 of 2021 and 3350, 5963 & 6375 of 2022, W.P(C)Nos.1513, 1942, 4498 & 7185 of 2022
## **--------------------------------------------**
## **Dated this the 26th day of July, 2023**
## **JUDGMENT**
The question that arises in all these writ petitions is regarding the applicability of the circulars issued by the Kerala State Pollution Control Board (KSPCB) with respect to the siting restrictions for establishing a retail petroleum outlet. There are writ petitions challenging the circulars issued by the KSPCB, writ petitions seeking direction to the KSPCB to issue consent to establish, writ petitions seeking directions for issuance of NOC for setting up retail petroleum outlets, and writ petitions against the grant of consent to establish
WP(C)Nos.11517/2020 & con.cases 72
and NOC for establishing retail petroleum outlets. The writ petitions are hence heard and disposed of together.
2. The National Green Tribunal (NGT) had directed the Central Pollution Control Board (CPCB) to issue guidelines regarding establishing petroleum outlets. Based on the directions, the CPCB issued guidelines that have been circulated to all the State Pollution Control Boards (SPCB). Several disputes arose regarding the date of implementation of certain conditions and regarding the distance that must be maintained between the outlet and residential houses. After hearing the counsel for the writ petitioners at length, they were taken for orders.
3. Meanwhile, on 23.12.2021, the NGT (South Zone) had issued directions in O.A.No.138 of 2020, making it mandatory to obtain consent to establish and consent to operate from the CPCB/SPCB as a requirement for setting up retail petroleum outlets. The order dated 23.12.2021 was challenged before the Hon’ble Supreme Court. The Hon’ble Supreme Court, in its judgment dated 14.3.2023 in **Indian Oil Corporation v. V.B.R.Menon & Ors. [(2023) SCC OnLine SC 257]** , held that even though the NGT can
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issue directions to the CPCB, the impugned direction making it mandatory to obtain consent to establish and consent to operate is not justified. The Hon’ble Supreme Court set aside the directions and held that the existing retail outlets and those to be established in the future need not obtain consent to establish and consent to operate. The Court held that all that was required was to ensure that the guidelines which had been issued by the CPCB were scrupulously adhered to. The Apex Court had also considered the fact that the retail petroleum outlet is presently categorised under Green Category and is no longer in the “consent management regime.”
4. Paragraph 48 of the above judgment is extracted below for reference.
“48. In view of the aforesaid, we dispose of the Civil Appeal No.2039 of 2022 in the following terms: —
(a) The CPCB shall ensure that all the retail petroleum outlets located in different cities having population of more than 10 lakh and having turn over of more than 300 KL/Month shall install the VRS mechanism within the fresh timeline as prescribed in its Circular dated 04.06.2021. To put it in other words, the CPCB shall ensure that the directions issued by the NGT as contained in para.
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69(i) and (ii) of the impugned order is fully complied with. It shall be the legal obligation of all the State Pollution Control Boards to ensure that the directions issued by the NGT in regard to the installation of the VRS mechanism is complied with within the fresh timeline as prescribed by the CPCB. (b) We set aside the directions issued by the NGT in the impugned order as contained in para 69(iii) and (iv). Instead, we direct the CPCB to instruct all the State Pollution Control Boards to ensure that the guidelines issued by it vide the Office Memorandum dated 07.01.2020 are strictly adhered to. If there is breach of any of the guidelines issued by the CPCB vide Office Memorandum dated 07.01.2020, then the concerned State Pollution Control Board shall proceed against the erring outlet in accordance with law at the earliest.”
5. Pursuant to the judgment, the CPCB has addressed the
SPCBs and issued Circulars in terms of the judgment. Consequently, the Chairman of the KSPCB has addressed the officers, informing them about the directions and clarifying that the officers are to ensure that the Siting Criteria contained in the Guidelines issued by the CPCB on 7.1.2020 is strictly followed. It is clarified that the requirement to measure the distance from individual residential buildings, as specified in the KSPCB Circular dated 18.8.2020, cannot
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be insisted upon. In view of the subsequent developments, it is no longer necessary to address all the contentions that are raised in these writ petitions. None of the circulars issued by the KSPCB regarding the siting requirements can be insisted upon, and the authorities are required to consider the applications in the light of the judgment of the Hon’ble Supreme Court in **IOC(supra)** .
6. The writ petitions are hence disposed of as follows, in the light of the judgment of the Hon’ble Supreme Court.
## **W.P(C)No.11517/2020**
7. The petitioners are the existing petroleum retail outlet owners, and they are aggrieved by Ext.P6 NOC dated 14.05.2020 issued by the 2nd respondent in favour of the 7th respondent for installing the petroleum retail outlet on the landed property owned by the 8th respondent. The petitioners pray to call for the records and quash Ext.P6 NOC dated 14.05.2020, alleging that it was issued ignoring Ext.P2 Government Order and Ext.P4 Circular of KPCB dated 24.02.2020. The 7th respondent has filed a counter affidavit against the averments in the writ petition, and the petitioner has filed a reply to the counter affidavit.
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8. In view of the judgment of the Hon’ble Supreme Court in **Indian Oil Corporation v. V.B.R.Menon & Ors.** reported in **[2023**
**SCC OnLine SC 257]** , no further directions are called for in this writ petition. The writ petition is disposed of directing respondents 5 and 6 to ensure that the directions issued by the Hon’ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioners to approach the aforesaid respondents pointing out the violation, if any, of the guidelines issued by the CPCB.
## **W.P(C)No.12302/2020**
9. The petitioners are aggrieved by the commissioning of a petrol pump which is stated to be in violation of the guidelines issued by the CPCB. The prayer is for a direction to stop all constructions for setting up of the petrol pump and to cancel Ext.P7.
10. In view of the law laid down in the judgment of the Hon’ble Supreme Court in **Indian Oil Corporation v. V.B.R.Menon & Ors.** reported in **[2023 SCC OnLine SC 257]** , the directions sought cannot be granted as such. The writ petition is disposed of directing the 4th respondent to ensure that the directions issued by
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the Hon’ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioners to approach the aforesaid respondents pointing out the violation, if any, of the guidelines issued by the CPCB.
## **W.P(C)No.14388/2020**
11. The petitioner is aggrieved by the establishment of the petroleum outlet by the 5th respondent. The prayer in the writ petition is for a direction to respondents 1 and 2 to follow the guidelines in Ext.P2 CPCB office memorandum dated 07.01.2020 while issuing the consent to establish and operate from 22.07.2019.
12. In view of the law laid down in the judgment of the Hon’ble Supreme Court in **Indian Oil Corporation v. V.B.R.Menon & Ors.** reported in **[2023 SCC OnLine SC 257]** , the writ petition is disposed of directing the respondents 1 to 3 to ensure that the directions issued by the Hon’ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioner to approach the aforesaid respondents pointing out the violation if any, of the guidelines issued by the CPCB.
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## **W.P.(C) No. 15500/2020**
13. The petitioner is challenging the issuance of NOC to start a petrol pump in the property belonging to the 8th respondent. The prayer is to quash Exts.P4 and P5 issued by respondents 2 and 7, alleging violation of the guidelines issued by the KSPCB with respect to 50 meters distance from residential buildings.
14. In view of the law laid down in the judgment of the Hon’ble Supreme Court in **Indian Oil Corporation v. V.B.R.Menon & Ors.** reported in **[2023 SCC OnLine SC 257]** , the directions prayed for cannot be granted as such. The writ petition is disposed of directing the 7th respondent to ensure that the directions issued by the Hon’ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioner to approach the aforesaid respondents pointing out the violation, if any, of the guidelines issued by the CPCB.
## **W.P.(C) No.15873/2020**
15. The petitioner is aggrieved by the Ext.P1 order issued by the 2nd respondent granting NOC to the 10th respondent for setting up a petroleum retail outlet and prays for quashing the same. There
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is also a prayer for a declaration that no petroleum outlet can be put up in the property belonging to the 11th respondent.
16. In view of the law laid down in the judgment of the Hon’ble Supreme Court in **Indian Oil Corporation v. V.B.R.Menon & Ors.** reported in **[2023 SCC OnLine SC 257]** , the directions, as prayed for, cannot be granted. The writ petition is disposed of directing respondents 3 and 4 to ensure that the directions issued by the Hon’ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioner to approach the aforesaid respondents pointing out the violation, if any, of the guidelines issued by the CPCB.
## **W.P(C)No.15917/2020**
17. The petitioner is aggrieved by the steps taken by the 1st and 2nd Respondents to issue NOC in favour of the 8th Respondent to start a petroleum outlet near his house. The prayer is for a direction to Respondents 1 and 2 not to issue NOC to the 8th Respondent to start a petroleum outlet on the property of the 9th Respondent and to ensure that the 8th Respondent is following the guidelines issued. In view of the law laid down in the judgment of the Hon’ble Supreme
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Court in **Indian Oil Corporation v. V.B.R.Menon & Ors.** reported
in **[2023 SCC OnLine SC 257]** , the directions prayed for cannot be granted as such. The writ petition is disposed of directing respondents 6 and 7 to ensure that the directions issued by the Hon’ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioner to approach the aforesaid respondents pointing out the violation, if any, of the guidelines issued by the CPCB.
## **W.P(C)No.5928/2021**
18. The petitioners are challenging the issuance of consent to establish a petroleum outlet to the 3rd respondent and the circulars issued by the KSPCB. In view of the judgment of the Hon’ble Supreme Court in **Indian Oil Corporation v. V.B.R.Menon & Ors.** reported in **[2023 SCC OnLine SC 257]** , the directions prayed for cannot be granted as such. The writ petition is disposed of directing respondents 1,2 and 4 to ensure that the directions issued by the Hon’ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the
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petitioners to approach the aforesaid respondents pointing out the violation, if any, of the guidelines issued by the CPCB.
## **W.P(C)No. 6858/2021**
19. The petitioners, who are residents of the area where the 8th respondent is trying to put up a petroleum outlet, have challenged the same on various grounds. They have challenged the circulars issued by the KSPCB as they are against the guidelines issued by the CPCB. They are also challenging various permits issued by the other authorities to facilitate the setting up of the petroleum outlet.
20. In view of the judgment of the Hon’ble Supreme Court in **Indian Oil Corporation v. V.B.R.Menon & Ors.** reported in **[2023 SCC OnLine SC 257]** , it is not necessary to consider all the issues raised in the writ petition. The writ petition is disposed of directing respondents 4 and 5 to ensure that the directions issued by the Hon’ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioners to approach the aforesaid respondents pointing out the violation, if any, of the guidelines issued by the CPCB.
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## **WP(C)No.11495/2021**
21. The petitioner is aggrieved by the establishment of a petrol pump in the neighbouring property by respondents 8 and 9. The prayer is to quash Ext.P11 order issued by the 3rd respondent and to direct respondents 1 to 7 not to allow respondents 8 and 9 to put up the petrol pump. There is also a prayer to quash Ext.P18 circular issued by the KSPCB.
22. In view of the judgment of the Hon’ble Supreme Court in **Indian Oil Corporation v. V.B.R.Menon & Ors.** reported in **[2023 SCC OnLine SC 257]** , the directions prayed for cannot be granted as such. The writ petition is disposed of directing respondents 1,2, and 4 to ensure that the directions issued by the Hon’ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioners to approach the aforesaid respondents pointing out the violation, if any, of the guidelines issued by the CPCB.
## **W.P.(C)No. 17601/2021**
23. The prayer in the writ petition is for a direction to the 1 st respondent to stop all construction activities in Sy.No.141/3P of
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Veluthur Village of Thrissur Taluk and for a direction to respondents 2 and 3 to prevent the 1st respondent from proceeding with the construction of the petroleum retail outlet in the above said land in violation of the new siting criteria as per Ext.P4. Ext.P4 is the office memorandum dated 7.1.2020, whereby the CPCB has laid down guidelines.
24. In view of the law laid down in the judgment of the Hon’ble Supreme Court in **Indian Oil Corporation v. V.B.R.Menon & Ors.** reported in **[2023 SCC OnLine SC 257]** , the directions prayed for cannot be granted as such. The writ petition is disposed of directing respondents 4 and 5 to ensure that the directions issued by the Hon’ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioner to approach the aforesaid respondents pointing out the violation if any, of the guidelines issued by the CPCB.
## **W.P.(C)No.18031/2021**
25. The prayer in the writ petition is for a direction to the 4th respondent to consider Ext.P2 application and issue a No Objection
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Certificate to the 5th respondent, without insisting to comply with the norms in IRC-12-2016 and Exts.P4 and P5 Government Orders.
26. In view of the judgment in **IOC (supra)** , which lays down the guidelines that are to be followed for the purpose, this writ petition is disposed of directing the 4th respondent to consider Ext.P2 application in the light of the judgment of the Hon’ble Supreme Court in **IOC (supra)** and pass orders within one month from the date of receipt of a copy of this judgment.
## **W.P.(C)No. 27900/2021**
27. The prayer in the writ petition is for a direction to respondents 3 and 4 not to issue consent to operate to the 5th respondent and for a direction to the 1st respondent to pass final orders on Ext.P9 appeal. Ext.P9 is an appeal preferred before the Water Act Appellate Authority challenging the consent granted by the KSPCB.
28. In view of the law laid down in the judgment of the Hon’ble Supreme Court in **Indian Oil Corporation v. V.B.R.Menon & Ors.** reported in **[2023 SCC OnLine SC 257]** , the directions
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prayed for cannot be granted as such. The writ petition is disposed of directing respondents 2, 3 and 4 to ensure that the directions issued by the Hon’ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioner to approach the aforesaid respondents pointing out the violation if any, of the guidelines issued by the CPCB. The appeal preferred by the petitioner as Ext.P9 may no longer be relevant in view of the judgment in **IOC (supra)** , wherein it has been held that there is no necessity to obtain consent to establish and consent to operate.
## **WP(C)Nos. 10367, 11907, 12880, 15087 & 26321/2021**
29. W.P.(C)Nos.10367/2021, 11907/2021, 15087/2021, and 26321/2021 are filed by the same petitioner Mr. M.Sainudheen, challenging the proposal to issue a No Objection Certificate to the petitioner in W.P.(C)No.12880 of 2021 for starting a petroleum retail outlet. The first writ petition, W.P.(C)No.10367/2021, was filed praying for a direction to respondents 5 and 6 to recall Ext.P4 consent granted to the 7th respondent in the said writ petition to establish a petroleum outlet. There is also a prayer for a direction to
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the KSPCB to issue a Circular in accordance with the memorandum dated 29.1.2021 and based on Ext.P6 guidelines issued by the CPCB and to ensure that Ext.P4 consent issued is not used to obtain a permit to construct petroleum outlet.
30. The petitioner thereafter filed W.P.(C)No.11907/2021 wherein the prayer is to quash Ext.P7 Circular dated 21.4.2021 issued by the KSPCB and for other reliefs. Sri S.Sainudeen, who had been granted the consent, thereafter filed W.P(C)No.12880/2021 praying to quash Exts.P7 and P8 issued by the 2nd and 4th respondents asking him to stop construction activities for setting up a petroleum outlet. This was followed by another writ petition by Sri M.Sainudheen as W.P.(C)No.15087/2021 praying to quash Exts.P2 and P5 therein, which are the building permit and order issued by the District Town Planner in favour of the petitioner in W.P. (C)No.12880/2021. The said M.Sainudheen has preferred yet another writ petition as W.P.(C)No.26321/2021, wherein the prayer is for direction to the 6th respondent to ensure that no NOC is obtained by the petitioner in W.P.(C)No.12880/2021 in violation of the guidelines issued by the CPCB as per Exts.P2 and P3. It is
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unnecessary to go into the entire dispute in view of the law laid down by the Hon'ble Supreme Court in **Indian Oil Corporation v. V.B.R.Menon & Ors. [2023 SCC OnLine SC 257]** , whereby the Hon'ble Supreme Court has held that there is no requirement to obtain consent from the Pollution Control Board, and all that is necessary is to ensure that the guidelines issued by the CPCB are scrupulously followed.
31. These writ petitions are hence disposed of, directing the 2nd respondent in W.P.(C)No.12880/2021 to consider whether the NOC granted on 28.10.2013 requires any reconsideration in the light of the judgment in **IOC (supra)** and the judgment _inter partes,_ in accordance with the law, and if such reconsideration is necessary, the same shall be after hearing the petitioners and all other affected parties.
**W.P.(C)Nos. 12507/2021, 12525/2021, 17666/2021, 17717/2021, 17752/2021, 17758/2021, 17787/2021, 20105/2021, 20113/2021, 25770/2021, 3350/2022, 5963/2022 & 6375/2022.**
32. The petitioners in all these cases are aggrieved by the refusal to consider their application for consent to establish by the KSPCB authorities since they do not adhere to the circulars issued by
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the KSPCB. The petitioners pray for quashing the circulars issued by the KSPCB. In view of the judgment of the Apex Court referred to above, the respondents’ stand in these cases is not justified.
33. The writ petitions are hence disposed of, directing the concerned officer of the KSPCB to consider the request of the petitioners in the light of the judgment in **IOC (supra)** and the consequential circulars and directions issued by the CPCB and KSPCB and pass orders within three weeks from the date of receipt of a copy of this judgment.
## **W.P.(C)No. 1513/2022**
34. The prayer in the writ petition is to quash Ext.P9 issued by the 3rd respondent. Ext.P9 is the NOC issued by the 3rd respondent for setting up a petroleum retail outlet.
35. In view of the law laid down in the judgment of the Hon’ble Supreme Court in **Indian Oil Corporation v. V.B.R.Menon & Ors.** reported in **[2023 SCC OnLine SC 257]** , the directions prayed for cannot be granted as such. The writ petition is disposed of directing the 8th respondent to ensure that the directions issued by
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the Hon’ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioner to approach the aforesaid respondents pointing out the violation, if any, of the guidelines issued by the CPCB.
## **W.P(C)No.1942/2022**
36. The petitioner was issued with Ext.P1 letter of intent by the 3rd respondent for starting a petroleum outlet. The 3rd respondent applied for NOC to the 2nd respondent. The application for integrated consent submitted to the KSPCB was rejected as per Ext.P6. Consequently, the request for NOC was rejected by the 2nd respondent for failure to produce integrated consent from the 5th respondent. The petitioner prays to quash the circulars issued by the KSPCB and for a direction to issue consent to establish. There is also a prayer to quash Ext.P14 order of the 2nd respondent rejecting NOC. None of the circulars issued by the KSPCB regarding the siting requirements can be insisted upon in view of the judgment of the Hon’ble Supreme Court in **IOC (supra)** . The Hon’ble Supreme Court has also held that there was no requirement to obtain consent from the KSPCB.
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37. The petitioner is entitled to succeed in this writ petition. Exts.P6 and P14 orders issued by the 5th respondent and the 2nd respondent, respectively, are quashed. The writ petition is disposed of directing the 2nd respondent to reconsider the application for NOC, in the light of the judgment of the Hon’ble Supreme Court in **IOC (supra)** and pass fresh orders in accordance with law, within one month from the date of receipt of a copy of this judgment.
## **W.P.(C)No. 4498/2022**
38. The prayer in the writ petition is for a direction to the 2nd respondent to consider Ext.P5 representation and a further direction to the 2nd respondent not to issue NOC for starting a petrol pump without obtaining consent from the petitioner. The issue relates to the setting up of a petrol pump very near the residential house of the petitioner.
39. In view of the law laid down in the judgment of the Hon’ble Supreme Court in **Indian Oil Corporation v. V.B.R.Menon & Ors.** reported in **[2023 SCC OnLine SC 257]** , the directions prayed for cannot be granted as such. The writ
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petition is disposed of directing the 4th respondent to ensure that the directions issued by the Hon’ble Supreme Court in paragraph 48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioner to approach the aforesaid respondents pointing out the violation, if any, of the guidelines issued by the CPCB.
## **W.P.(C)No.7185/2022**
40. The prayer in the writ petition is for a direction to the 4th respondent to see that Ext.P4 Circular is strictly complied with regarding the installation and commencement of the retail outlet of the 1st respondent by the 5th respondent. Ext.P4 is the Circular dated 24.2.2020 issued by the KSPCB.
41. In view of the law laid down in the judgment of the Hon’ble Supreme Court in **Indian Oil Corporation v. V.B.R.Menon & Ors.** reported in **[2023 SCC OnLine SC 257]** , the directions prayed for cannot be granted as such. The writ petition is disposed of directing the 4th respondent to ensure that the directions issued by the Hon’ble Supreme Court in paragraph
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48 of the above judgment, which has been extracted above, are complied with. It is open to the petitioner to approach the aforesaid respondents pointing out the violation, if any, of the guidelines issued by the CPCB.
**==> picture [325 x 64] intentionally omitted <==**
- Sd/-
**T.R. RAVI JUDGE**
dsn
The date of NOC shown as “28.10.2013” occurring in paragraph 31 of the common judgment dated 26.07.2023 in W.P.(C)No.11517/2020 and connected cases is corrected as “31.10.2019” as per common order dated 14.09.2023 in W.P.(C)No.11517/2020, 10367/2021, 11907/2021, 12880/2021, 15087/2021 and 26321/2021.
Sd/-
Joint Registrar
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## **APPENDIX OF WP(C) 11517/2020**
## PETITIONER EXHIBITS
|EXHIBIT P1|THE COPY OF THE|THE COPY OF THE|JUDGMENT IN WP(C) NO.33937/2019|JUDGMENT IN WP(C) NO.33937/2019|JUDGMENT IN WP(C) NO.33937/2019|JUDGMENT IN WP(C) NO.33937/2019|
|---|---|---|---|---|---|---|
||DATED 19.12.2019.||||||
|EXHIBIT P2|THE AFORESAID GOVERNMENT|||ORDER NO.16/2020/PWD|||
||DATED 10.02.2020.||||||
|EXHIBIT P3|THE COPY OF THE JUDGMENT IN W.A.NO.172/2020 DATED||||||
||05.03.2020.||||||
|EXHIBIT P4|THE COPY|OF THE CIRCULAR ISSUED BY|||THE 6TH||
||RESPONDENT|DATED|24.02.2020.||||
|EXHIBIT P5|THE COPY OF THE COMMUNICATION DATED 09.01.2020|||||OF|
||THE 3RD RESPONDENT TO THE 1ST RESPONDENT.||||||
|EXHIBIT P6|THE COPY OF THE NO OBJECTION CERTIFICATE||||SO ISSUED||
||BY THE 2ND RESPONDENT IN FAVOR OF||||THE 7TH||
||RESPONDENT|DATED|14.05.2020.||||
|EXHIBIT P7|THE COPY OF THE||INFORMATION CONVEYED BY DEPUTY||||
||DIRECTOR OF INDIAN ROAD CONGRESS DATED 01/07/2020.||||||
|EXHIBIT P8|THE COPY OF THE COMMUNICATION DATED 27/02/2020||||||
||ISSUED BY BHARATH PETROLEUM|||CORPORATION LIMITED.|||
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## **APPENDIX OF WP(C) 12302/2020**
## PETITIONER EXHIBITS
|EXHIBIT P1|THE TRUE COPY OF|THE TRUE COPY OF|THE ORDER IN O.A.NO.86/2019|DATED|
|---|---|---|---|---|
||18/01/2019.||||
|EXHIBIT P2|THE TRUE COPY OF||THE GUIDELINES DT.07/01/2020||
||ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD.||||
|EXHIBIT P3|THE TRUE COPY OF||THE ORDER IN||
||NO.PCB/HO/HOW/RULES9/7/2019 DATED 24/02/2020.||||
|EXHIBIT P4|THE TRUE COPY OF||COMPLAINTS FILED BY THE||
||PETITIONERS ON 26/02/2020 BEFORE THE 1ST AND|||4TH|
||RESPONDENTS.||||
|EXHIBIT P5|THE TRUE COPY OF||THE RECEIPTS ON 26/02/2020 ISSUED||
||BY THE 1ST|AND 4TH RESPONDENTS.|||
|EXHIBIT P6|THE TRUE COPY OF||THE COMMISSION REPORT FILED|IN IA|
||NO.6/2020 ON 02/06/2020 BEFORE THE MUNSIFF'S||||
||COURT, ALUVA IN OS NO.131/2020.||||
|EXHIBIT P7|THE TRUE COPY OF||THE FILE NO.PCB/EKM/DO-1/OA-||
||492/19 OF TE 4TH||RESPONDENT DATED 08/03/2020.||
|EXHIBIT P8|THE TRUE COPY OF||THE FILE NO.DCEKM/3990/2019-M4||
||DATED 02/09/2019.||||
|EXHIBIT P9|THE TRUE COPY OF||ORDER NO.TCPEKM/4/2020/C DATED||
||18/02/2020|ISSUED BY THE 5TH RESPONDENT.|||
|EXHIBIT P10|TRUE COPY OF PLAINT IN OS No.131/2020 IN THE||||
||MINSIFF'S COURT,||ALUVA.||
|EXHIBIT P11|TRUE COPY OF COMMISSION REPORT FILED IN IA.2/2020||||
||ON 19.3.2020 BEFORE THE MUNSIFF'S COURT, ALUVA IN||||
||OS.131/2020.||||
|EXHIBIT P12|TRUE COPY OF ORDER IN AN INJUNCTION PETITION||||
||HAVING IA 1/2020||IN OS No.131/2020 ON 10.6.2020||
||BEFORE THE|MUNSIFF'S COURT COURT, ALUVA.|||
|**RESPONDENTS'EXTS**<br>**:**|||||
|EXHIBIT R6(A):|A TRUE COPY OF||I.A. NO.1/2020 IN O.S.NO.131/2020||
||DATED 06.03.2020.||||
|EXHIBIT R6(B):|A TRUE COPY OF||THE PLAINT IN O.S. NO. 131/2020||
||DATED 06.03.2020.||||
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|EXHIBIT R6(C):|EXHIBIT R6(C):|<br>A TRUE COPY OF THE|<br>A TRUE COPY OF THE|<br>A TRUE COPY OF THE|COUNTER AFFIDAVIT FILED BY THE|COUNTER AFFIDAVIT FILED BY THE|COUNTER AFFIDAVIT FILED BY THE|COUNTER AFFIDAVIT FILED BY THE|COUNTER AFFIDAVIT FILED BY THE|COUNTER AFFIDAVIT FILED BY THE|COUNTER AFFIDAVIT FILED BY THE|COUNTER AFFIDAVIT FILED BY THE|COUNTER AFFIDAVIT FILED BY THE|
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|||8 RESPONDENT IN I.A. NO.|||||||1/2020|IN O.S.|||NO.|
|||131/2020 DATED 20.03.2020.||||||||||||
|EXHIBIT R6(D):||<br>A TRUE COPY OF THE|||COUNTER AFFIDAVIT FILED BY THE|||||||||
|||7TH RESPONDENT IN|||L.A.||NO. 1/2020 IN O.S.||||||NO.|
|||131/2020 DATED 01.06.2020.||||||||||||
|EXHIBIT R6(E):||<br>A TRUE COPY OF THE|||ORDER||DATED 10.06.2020|||||IN|I.A.|
|||NO. 1||OF 2020 IN O.S. NO.||||131/2020||BY THE||HON'BLE||
|||COURT||OF THE MUNSIFF, ALUVA.||||||||||
|EXHIBIT R6(F):||<br>A TRUE COPY OF THE CIRCULAR DATED 24.02.2020||||||||||||
|||ISSUED BY THE KERALA STATE POLLUTION||||||||||CONTROL||
|||BOARD.||||||||||||
|**EXT.R6(A) TO (J)-**|**(ADOPTED FROM COUNTER AFFIDAVIT IN WPC 11907/21)**|||||||||||||
|EXT.R6(A):||TRUE|COPY OF THE RELEVANT|||||PAGES OF||THE CIRCULAR||||
|||NO.PCB/T4/115/97 DATED 17-3-2017 ISSUED BY THE||||||||||||
|||BOARD.||||||||||||
|EXT.R6(B):||TRUE|COPY OF THE CIRCULAR|||||NO.PCB/TAC/ 18/2004||||||
|||DATED||9-8-2004 ISSUED BY|||THE BOARD.|||||||
|EXT.R6(C):||TRUE|COPY OF THE ORDER DATED 22-7-2019 IN|||||||||O.A.||
|||NOS.|31/2019 AND 86/2019||||OF||THE HON'BLE NGT.|||||
|EXT.R6(D):||TRUE|COPY OF THE OFFICE MEMORANDUM|||||||NO. B-||||
|||13011/1/2019-20/AQM/10802-10847 DATED 7-|||||||||1-2020|||
|||ISSUED BY THE CPCB.||||||||||||
|EXT.R6(E):||TRUE|COPY OF THE CIRCULAR|||||||||||
|||NO.PCB/HO/HOW/RULES9/7/2019|||||||DATED 24-2- 2020|||||
|||ISSUED BY THE BOARD.||||||||||||
|EXT.R6(F):||TRUE|COPY OF THE CIRCULAR|||||NO.PCB/HO/HOW/|||RULES|||
|||9/7/2019 DATED 18-08-2020||||||ISSUED BY THE BOARD.||||||
|EXT.R6(G):||TRUE|COPY OF THE OFFICE MEMORANDUM|||||||NO.B-||||
|||13011/1/2020-21/AQM||||DATED||29-1-2021 ISSUED BY THE||||||
|||CPCB.||||||||||||
|EXT.R6(H):||TRUE|COPY OF THE CIRCULAR|||||NO.PCB/HO/HOW/||||||
|||RULES9/7/2019 DATED||||4-2-2021 ISSUED BY THE BOARD.||||||||
|EXT.R6(I):||TRUE||COPY OF THE CIRCULAR NO. PCB/HO/HOW/ RULES||||||||||
|||9/7/2019 DATED 21-4-2021|||||ISSUED BY|||THE BOARD.||||
|EXT.R6(J):||TRUE|COPY OF THE ERRATUM|||||||||||
|||NO.PCB/HO/HOW/RULES9/7/2019|||||||DATED 28-5- 2021|||||
|||ISSUED BY THE BOARD.||||||||||||
WP(C)Nos.11517/2020 & con.cases 96
## **APPENDIX OF WP(C) 14388/2020**
PETITIONER EXHIBITS
- EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE ORDER OF NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI IN OS NO.31 OF 2019 AND OA NO.86/2019 DT.22.7.2019.
- EXHIBIT P2 OFFICE MEMORANDUM NO.B-13011/1/2019-20/AQM, DATED 07.01.2020 ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD
- EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE CONSENT TO ESTABLISH ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT DATED 06.02.2020
- EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE LETTER SENT BY THE TAHASILDAR, KUTTANAD TO REVENUE DIVISIONAL OFFICER,ALAPUZHA, DATED 19.11.2019
- EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE REPRESENTATION MADE BY THESE PETITIONERS AND OTHERS TO THE 2ND RESPONDENT, ALONG WITH THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 3.3.2020
- EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE REPRESENTATION MADE BY THESE PETITIONERS AND OTHERS TO THE 2ND RESPONDENT DT.30.4.2020
- EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE JUDGMENT OF THIS HON'BLE HIGH COURT IN WP(C) NO.10129 OF 2020
- EXHIBIT P8 WRITTEN SUBMISSION MADE BEFORE THE 2ND RESPONDENT DT.7.7.2020
- EXHIBIT P9 TRUE PHOTOSTAT COPY OF THE CIRCULAR NO PCB/HO/HOW /RULES 9/7/2019,ISSUED BY THE 1ST RESPONDENT DATED 24.02.2020
- EXHIBIT P10 MINUTES OF THE MEETING HELD ON 07.07.2020 EXHIBIT P11 TRUE PHOTOSTAT COPY OF THE FAIR VALUE OF THE LAND DETERMINED, ASSESSED IN THE WEBSITE OF LOCAL SELF GOVERNMENT,<https://lgr.kerala.in/index.php/l ogin/index>
- EXHIBIT P12 TRUE PHOTOSTAT COPY OF THE CIRCULAR NO.PCB/HO/HOW/SULES9/7/2019 DT.4.2.2021 ISSUED BY THE 1ST RESPONDENT.
- RESPONDENT EXHIBITS
- EXHIBIT R4 A THE TRUE COPY OF THE CIRCULAR OF THE 1ST RESPONDENT DATED 24.02.2020
- EXHIBIT R4 B THE TRUE COPY OF THE CIRCULAR OF THE 1ST
|WP(C)Nos.<br>11517/2020|WP(C)Nos.<br>11517/2020|WP(C)Nos.<br>11517/2020|WP(C)Nos.<br>11517/2020|||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|& con.cases||||||||97||||||||||
||||RESPONDENT DATED 18.08.2020|||||||||||||||
|EXHIBIT|R4|C|TRUE|COPY|||OF|THE NO OBJECTION CERTIFICATE|||||||||BY|
||||DEPARTMENT OF FIRE||||||||AND SAFETY DATED|||||||
||||25.07.2019|||||||||||||||
|EXHIBIT|R4|D|TRUE|COPY|||OF|THE NO OBJECTION CERTIFICATE|||||||||OF|
||||THE ADDITIONAL||||||DISTRICT MAGISTRATE ALAPPUZHA|||||||||
||||DATED 21.12.2019|||||||||||||||
|EXHIBIT|R4|E|TRUE|COPY|||OF|THE REPORT OF||||THE 2ND RESPONDENT||||||
||||DATED 04.11.2019|||||||||||||||
|EXHIBIT|R4|F|TRUE|COPY|||OF|THE REPORT OF||||THE REVENUE||||||
||||DIVISIONAL OFFICER||||||||DATED 23.11.2019|||||||
|EXHIBIT|R4(G):-||<br>TRUE|COPY|||OF||THE||RELAVANT PORTION OF|||||THE||
||||CIRCULAR|||NO.|||PCB/T4/115/97 OF THE KERALA|||||||||
||||STATE|||POLLUTION|||||CONTROL BOARD|||DATED||||
||||14.08.2006|||||||||||||||
|EXHIBIT|R4(H):-||<br>TRUE|COPY|||OF||THE||CIRCULAR ISSUED BY|||||THE||
||||KERALA||STATE POLLUTION CONTROL BOARD|||||||||DATED||||
||||21.04.2021|||||||||||||||
|EXHIBIT|R4(I):-||<br>TRUE|COPY|||OF||THE||ERRATUM|DATED|28.05.2021|||||
||||ISSUED||BY||THE||KERALA STATE|||POLLUTION CONTROL||||||
||||BOARD|||||||||||||||
|EXHIBIT|R4(J):-||<br>TRUE|COPY|||OF||THE||LETTER|OF DISTRICT|||TOWN|||
||||PLANNER,|||ALAPPUZHA DATED 05.08.2020||||||||||||
|EXHIBIT|R4(K):-||<br>TRUE|COPY|||OF THE GOVERNMENT ORDER||||||PERTAINING|||||
||||TO THE||RESIDENTIAL||||||ZONE OF KOCHI CITY||||G.O.|||
||||(MS)|63/2016/LSGD DATED 21.05.2016||||||||||||||
|EXHIBIT|R1(A)||TRUE|COPY|||OF|THE RELEVANT PAGES OF THE||||||||||
||||CIRCULAR DATED||||||17.3.2017 ISSUED BY THE|||||BOARD||||
|EXHIBIT|R1(B)||TRUE|COPY|||OF|THE CIRCULAR DATED 9.8.2004||||||||||
||||ISSUED||BY||THE BOARD|||||||||||
|EXHIBIT|R1(C)||TRUE|COPY|||OF|THE CIRCULAR DATED 18.8.2020||||||||||
||||ISSUED||BY||THE BOARD|||||||||||
|EXHIBIT|R1(D)||TRUE|COPY|||OF|THE DIRECTION||||ISSUED|AS PER|||||
||||COMMUNICATION DATED 3.4.2020 TO THE UNIT|||||||||||||||
|EXHIBIT|R1(E)||TRUE|COPY|||OF|THE MINUTES OF THE MEETING|||||||DATED|||
||||7.7.2020|||||||||||||||
|EXHIBIT|R1(F)||TRUE|COPY|||OF|THE CONSENT VARIATION ORDER||||||||||
||||DATED 24.7.2020|||||||ISSUED BY THE BOARD||||||||
|Exhibit|R4|G|TRUE|COPY|||OF|THE JUDGMENT IN APPEAL||||||||||
|(<br>produced a/w|||NOS.03/2021,|||||04/2021, 05/2021 AND|||||06/2021||||OF|
|addl.counter|||AIR AND|||WATER APPELLATE AUTHORITY|||||||DATED|||||
|affidavit<br>)|||07/01/2022|||||||||||||||
WP(C)Nos.11517/2020 & con.cases 98
## **APPENDIX OF WP(C) 15500/2020**
## PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE CIRCULAR ISSUED BY THE KERALA POLLUTION CONTROL BOARD DATED 24.02.2020. EXHIBIT P2 A TRUE COPY OF THE OBJECTIONS SUBMITTED TO THE PETITIONER DATED 06.01.2020. EXHIBIT P3 A TRUE COPY OF JUDGMENT DATED 03.06.2020 IN WPC NO.10873/2020. EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 15.07.2020 BY THE 2ND RESPONDENT AND THE COPY OF THE NO OBJECTION CERTIFICATE. EXHIBIT P5 A TRUE COPY OF THE CONSENT TO ESTABLISH ISSUED BY THE 7TH RESPONDENT DATED 6.2.2020. EXHIBIT P6 A TRUE COPY OF THE OBJECTION/REPRESENTATION DATED 24.07.2020 PREFERRED BY THE PETITIONER TO THE 7TH RESPONDENT.
## EXT.PRODUCED ALONG WITH IA.1/2020
EXHIBIT P6 A TRUE COPY OF THE GUIDELINES ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD DT.7.1.2020.
**EXT.R6(A) TO (J) - ADOPTED FROM COUNTER AFFIDAVIT IN WPC 11907/21**
|EXT.R6(A):|<br>TRUE COPY OF THE RELEVANT|PAGES OF THE|PAGES OF THE|CIRCULAR|CIRCULAR|CIRCULAR|
|---|---|---|---|---|---|---|
||NO.PCB/T4/115/97 DATED 17-3-2017 ISSUED BY THE||||||
||BOARD.||||||
|EXT.R6(B):|<br>TRUE COPY OF THE CIRCULAR|NO.PCB/TAC/ 18/2004||||DATED|
||9-8-2004 ISSUED BY THE BOARD.||||||
|EXT.R6(C):|<br>TRUE COPY OF THE ORDER DATED||22-7-2019|IN O.A. NOS.|||
||31/2019 AND 86/2019 OF THE HON'BLE NGT.||||||
|EXT.R6(D):|<br>TRUE COPY OF THE OFFICE MEMORANDUM NO.|||B-|||
||13011/1/2019-20/AQM/10802-10847 DATED 7-||||1-2020||
||ISSUED BY THE CPCB.||||||
|EXT.R6(E):|<br>TRUE COPY OF THE CIRCULAR||||||
||NO.PCB/HO/HOW/RULES9/7/2019 DATED 24-2- 2020 ISSUED||||||
||BY THE BOARD.||||||
|EXT.R6(F):|<br>TRUE COPY OF THE CIRCULAR|NO.PCB/HO/HOW/|||RULES||
||9/7/2019 DATED 18-08-2020|ISSUED BY THE BOARD.|||||
|EXT.R6(G):|<br>TRUE COPY OF THE OFFICE MEMORANDUM NO.B-||||||
||13011/1/2020-21/AQM DATED|29-1-2021 ISSUED BY||||THE|
||CPCB.||||||
|EXT.R6(H):|<br>TRUE COPY OF THE CIRCULAR|NO.PCB/HO/HOW/|||||
||RULES9/7/2019 DATED 4-2-2021||ISSUED BY|THE BOARD.|||
WP(C)Nos.11517/2020 & con.cases 99 EXT.R6(I): TRUE COPY OF THE CIRCULAR NO. PCB/HO/HOW/ RULES 9/7/2019 DATED 21-4-2021 ISSUED BY THE BOARD. EXT.R6(J): TRUE COPY OF THE ERRATUM NO.PCB/HO/HOW/RULES9/7/2019 DATED 28-5- 2021 ISSUED BY THE BOARD.
WP(C)Nos.11517/2020 & con.cases 100
## **APPENDIX OF WP(C) 15873/2020**
## PETITIONER EXHIBITS
|EXHIBIT P1|THE TRUE PHOTOCOPY OF THE PROCEEDINGS DATED|THE TRUE PHOTOCOPY OF THE PROCEEDINGS DATED|THE TRUE PHOTOCOPY OF THE PROCEEDINGS DATED|THE TRUE PHOTOCOPY OF THE PROCEEDINGS DATED|
|---|---|---|---|---|
||21.02.2020|OF THE SECOND RESPONDENT.|||
|EXHIBIT P2|THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED||||
||03.06.2019|SUBMITTED BEFORE THE THIRTEENTH|||
||RESPONDENT.||||
|EXHIBIT P3|THE TRUE PHOTOCOPY OF THE ACKNOWLEDGEMENT/RECEIPT||||
||ISSUED BY THIS REGARD BY THE THIRTEENTH||||
||RESPONDENT.||||
|EXHIBIT P4|THE TRUE PHOTOCOPY OF THE AFORESAID||||
||REPRESENTATION PREFERRED ON BEHALF OF THE||||
||PETITIONER.||||
|EXHIBIT P5|THE TRUE PHOTOCOPY OF THE WRITTEN REPRESENTATION||||
||DATED 04.03.2020||PREFERRED BY THE PETITIONER.||
|EXHIBIT P6|THE TRUE PHOTOCOPY OF THE ACKNOWLEDGEMENT/RECEIPT||||
||ISSUED BY THE THIRTEENTH RESPONDENT WITH RECEIPT||||
||TO EXHIBIT|P5.|||
|EXHIBIT P7|THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED||||
||19.03.2020|PREFERRED BY THE PETITIONER WITH COPY|||
||TO THE CHIEF ENVIRONMENT ENGINEER, KOZHIKKODE,||||
||SENIOR ENVIRONMENTAL ENGINEER, ERNAKULAM AND THE||||
||ENVIRONMENTAL ENGINEER, MALAPPURAM.||||
|EXHIBIT P8|THE TRUE PHOTOCOPY OF THE POSTAL RECEIPT WITH||||
||RESPECT TO|EXHIBIT P7 ISSUED BY THE CHAIRMAN,|||
||KERALA STATE POLLUTION CONTROL BOARD.||||
|EXHIBIT P9|THE TRUE PHOTOCOPY OF THE POSTAL RECEIPT WITH||||
||RESPECT TO|EXHIBIT P7 ISSUED BY THE CHIEF|||
||ENVIRONMENTAL OFFICER, KOZHIKKODE.||||
|EXHIBIT P10|THE TRUE PHOTOCOPY OF THE POSTAL RECEIPT WITH||||
||RESPECT TO|EXHIBIT P7 ISSUED BY THE SENIOR|||
||ENVIRONMENT ENGINEER, ERNAKULAM.||||
|EXHIBIT P11|THE TRUE PHOTOCOPY OF THE ACKNOWLEDGEMENT CARD ON||||
||BEHALF OF THE ENVIRONMENTAL ENGINEER, MALAPPURAM.||||
|EXHIBIT P12|THE TRUE PHOTOCOPY OF THE OFFICE MEMORANDUM B-||||
||13011/1/2019-20/AQM DATED 07.01.2020|||ISSUED BY|
||THE THIRD RESPONDENT.||||
|EXHIBIT P13|THE TRUE PHOTOCOPY OF THE AFORESAID CIRCULAR NO .||||
||PCB/H/SCW/RULES9/7/2019 DATED 27.02.2020 OF THE||||
||THIRD RESPONDENT.||||
## RESPONDENT EXHIBITS
EXHIBIT R11(1) TRUE COPY OF THE REPORT OF DISTRICT MEDICAL
|WP(C)Nos.<br>11517/2020|WP(C)Nos.<br>11517/2020|WP(C)Nos.<br>11517/2020||||||
|---|---|---|---|---|---|---|---|
|& con.cases||101||||||
|||OFFICER, MALAPPURAM DATED|||22/6/2019|||
|EXHIBIT|R11(2)|TRUE COPY OF THE|REPORT OF||EXECUTIVE ENGINEER,|||
|||PWD, MANJERI DATED 26/6/2019||||||
|EXHIBIT|R11(3)|TRUE COPY OF THE NOC||FROM|FIRE AND RESCUE|||
|||OFFICER, PALAKKAD DATED11/7/2019||||||
|EXHIBIT|R11(4)|TRUE COPY OF THE APPROVAL|||FROM THE PETROLEUM &|||
|||EXPLOSIVES SAFETY 917/9/2019||||ORGANISATION||
|||(PESO) CHENNAI DATED||15/10/2019||||
|EXHIBIT|R11(5)|TRUE COPY OF THE REPORT OF DISTRICT SUPPLY||||||
|||OFFICER, MALAPPURAM DATED|||22/11/2019|||
|EXHIBIT|R11(6)|TRUE COPY OF THE PROCEEDINGS||||OF ADM,||
|||MALAPPURAM DATED 21/2/2020||||||
|EXHIBIT|R11(7)|TRUE COPY OF THE NOCFROM ADM, MALAPPURAM||||||
|||DT.21.2.2020.||||||
|Exhibit R11(8)||TRUE COPY OF THE PROCEEDINGS OF||||THE TOWN PLANNING||
|||COMMISSIONER, MALAPPURAM DATED 15/10/2020||||||
|RESPONDENT EXHIBITS||||||||
|Exhibit R11(9)||TRUE COPY OF THE RELEVANT PAGES||||OF THE CONSENT TO||
|||ESTABLISH BY KERALA|STATE POLLUTION BOARD DATED|||||
|||05/10/2020 TO 29/09/2025||||||
|Exhibit R11(10)||TRUE COPY OF THE SITE APPROVAL AND BUILDING||||||
|||PERMIT ISSUED BY VAZHIKADAVU FRAMA PANCHAYATH||||||
|||DATED 22/01/2021||||||
|Exhibit R11(11)||TRUE COPY OF THE LICENCE ISSUED||||BY PESO DATED||
|||24/02/2021 VALID TILL 31/12/2023||||||
|Exhibit R11(12)||TRUE COPY OF THE RELEVANT PAGES||||OF THE CONSENT TO||
|||OPERATE ISSUED BY THE KERALA STATE POLLUTION||||||
|||BOARD DATED 02/02/2022 TILL 31/12/2026||||||
|Exhibit R11(13)||TRUE COPY OF THE NO|FROM FIRE||AND RESCUE OFFICER,|||
|||PALAKKAD DATED 24/02/2022||||||
|Exhibit R11(14)||TRUE COPY OF THE LICENCE ISSUED||||BY VAZHIKKADAVU||
|||GRAMA PANCHAYATH DATED 01/04/2022-31/3/2023||||||
|EXHIBIT|R11(15)|TRUE COPY OF|GST|REGISTRATION|||CERTIFICATE|
|||DT.5.4.22 ISSUED|BY GOVT.OF INDIA.|||||
WP(C)Nos.11517/2020 & con.cases 102
## **APPENDIX OF WP(C) 15917/2020**
PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE GOVERNMENT ORDER NO. 16/2020/PWD DATED 10.02.2020. EXHIBIT P2 THE COPY OF THE CIRCULAR ISSUED BY THE 7TH RESPONDENT DATED 24.02.2020. EXHIBIT P3 THE COPY OF THE SKETCH SHOWING THE LIE AND LOCATION OF THE SITE OF THE 9TH RESPONDENT AND THE INTERSECTION ROAD NEAR TO SAME. EXHIBIT P4 THE COPY OF THE ORDER OF THE GREEN TRIBUNAL IN OA NO. 39/2019 DATED 22.07.2019. EXHIBIT P5 THE COPY OF WRITTEN OBJECTION FILED BY THE PETITIONER BEFORE 1ST AND 2ND RESPONDENTS DATED 03.08.2020. EXHIBIT P6 THE COPY OF THE POSTAL RECEIPT OF THE REGISTERED LETTERS SENT TO THE 1ST AND 2ND RESPONDENTS.
WP(C)Nos.11517/2020 & con.cases 103
## **APPENDIX OF WP(C) 5928/2021**
## PETITIONER EXHIBITS
- EXHIBIT P1 A TRUE PHOTOCOPY OF THE ORDER DATED 18.01.2019 PASSED BY THE PRINCIPAL BENCH OF THE HON'BLE NATIONAL GREEN TRIBUNAL , NEW DELHI IN OA NO. 86 OF 2019
- EXHIBIT P2 A TRUE PHOTOCOPY OF THE OFFICE MEMORANDUM DATED 07.01.2020 ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD
- EXHIBIT P3 A TRUE PHOTOCOPY OF THE CONSENT TO ESTABLISH DATED 13.01.2020 GRANTED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT
- EXHIBIT P4 A TRUE PHOTOCOPY OF THE CIRCULAR DATED 24.02.2020 ISSUED BY THE 1ST RESPONDENT
- EXHIBIT P5 A TRUE PHOTOCOPY OF THE CIRCULAR DATED 18.08.2020 ISSUED BY THE 1ST RESPONDENT
- EXHIBIT P6 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 12.11.2020 PASSED BY THE HON'BLE HIGH COURT IN WPC NO.35338 OF 2019
- EXHIBIT P7 A TRUE PHOTOCOPY OF THE PROCEEDINGS AND NOC DATED 25.01.2021 OBTAINED BY THE 3RD RESPONDENT FROM THE ADDITIONAL DISTRICT MAGISTRATE , KANNUR
- EXHIBIT P8 A TRUE PHOTOCOPY OF THE OFFICE MEMORANDUM DATED 29.01.2021 ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD
- EXHIBIT P9 A TRUE PHOTOCOPY OF THE CIRCULAR DATED 04.02.2021 ISSUED BY THE 1ST RESPONDENT
- EXHIBIT P10 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 10.02.2021 PREFERRED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT
- Exhibit P11 A TRUE COPY OF THE ORDER DATED 24/2/2021 FROM PESO Exhibit P12 A TRUE PHOTOCOPY OF THE REPLY LETTER DATED 12/2/2021 FROM THE 2ND RESPONDENT.
- Exhibit P13 A TRUE PHOTOCOPY OF THE APPLICTION DATED 20/01/2020 PREFERRED BY THE 3RD RESPONDENT.
- Exhibit P14 A TRUE PHOTOCOPY OF THE RTI REPLY DATED 3/8/2020 GIVEN BY THE PANOOR MUNICIPALITY
- Exhibit P15 A TRUE TIME STAMPED COLOUR COPY OF THE PHOTOGRAPH TAKEN ON 14/02/2021 CONTAINING THE LAND DEVELOPMENT ACTIVITIES OF THE 3RD RESPONDENT.
- Exhibit P16 A TRUE PHOTOCOPY OF THE RELEVANT PAGE OF NOTE NO.33
WP(C)Nos.11517/2020 & con.cases 104 OF THE FILE OBTAINED FROM COLLECTORATE KANNUR, UNDER RTI ACT Exhibit P17 A TRUE PHOTOCOPY OF THE CIRCULAR NO.PCB/HO/HOW/RULES9/7/2019 DATED 21.04.2021 ISSUED BY THE 1ST RESPONDENT. Exhibit P18 A TRUE PHOTOCOPY OF THE ERRATUM NO.PCB/HO/HOW/RULES9/7/2019 DATED 28.05.2021 ISSUED BY THE 1ST RESPONDENT. RESPONDENTS' EXTS: EXT.R1(A): TRUE COPY OF CIRCULAR DT.21.4.21 ISSUED BY THE BOARD. EXT.R1(B): TRUE COPY OF ERRATUM No.PCB/HO/HOW/RLES9/7/2019 DT.28.5.21 ISSUED BY THE BOARD. EXT.R1(C): TRUE COPY OF CIRCULAR DT.9.8.2004 ISSUED BY THE BOARD.
WP(C)Nos.11517/2020 & con.cases 105
## **APPENDIX OF WP(C) 6858/2021**
PETITIONER EXHIBITS
|PETITIONER EXHIBITS|||||||||
|---|---|---|---|---|---|---|---|---|
|EXHIBIT P1|TRUE COPY OF THE NO OBJECTION|||||CERTIFICATE|||
||ISSUED BY THE 3RD RESPONDENT||||TO|||THE 8TH AND|
||9TH RESPONDENTS||DATED 18.1.2021.||||||
|EXHIBIT P2|TRUE COPY OF THE PROCEEDINGS||||NO.||||
||DCMPM/4123/2019-E1 DATED 18.1.2021 OF THE||||||||
||3RD RESPONDENT UNDER RULE|||144||OF THE|||
||PETROLEUM RULES||2002 WITH|RESPECT TO THE|||||
||RETAIL PETROL OUTLET OF THE 8TH|||||||AND 9TH|
||RESPONDENT.||||||||
|EXHIBIT P3|TRUE COPY OF THE REPRESENTATION|||||||SUBMITTED BY|
||THE 1ST PETITIONER BEFORE|||THE||2ND RESPONDENT|||
||DATED|22.1.2021.|||||||
|EXHIBIT P4|TRUE COPY OF THE CIRCULAR|||NO.|||||
||PCB/HO/HOW/RULES9/7/2019 DATED||||||18.08.2020||
||ISSUED BY THE KERALA STATE POLLUTION CONTROL||||||||
||BOARD.||||||||
|EXHIBIT P5|TRUE COPY OF THE OFFICE MEMORANDUM NO. B-||||||||
||13011/1/2029-20||/AQM/0809|DATED||||7.1.2020|
||ISSEUD BY THE 4TH RESPONDENT.||||||||
|EXHIBIT P6|TRUE COPY OF THE OFFICE MEMORANDUM NO. B-||||||||
||13011/1/2020-21||/AQM/5419-5470||||DATED||
||29.1.2021 ISSUED BY THE 4TH RESPONDENT.||||||||
|EXHIBIT P7|TRUE COPY OF THE BUILDING|||PERMIT ISSUED BY|||||
||THE 7TH RESPONDENT TO THE|||9TH||RESPONDENT|||
||DATED|25.1.2021.|||||||
|EXHIBIT P8|TRUE COPY OF THE DRAFT GUIDELINES FOR||||||||
||SETTING UP OF NEW PETROL PUMPS.||||||||
|EXHIBIT P9|PHOTOGRAPHS OF THE 9TH RESPONDENT'S PROPERTY||||||||
||TAKEN|ON 9.7.2021|||||||
|EXHIBIT P10|BILL DT.9.7.21 ISSUED BY PHOTO||||||CORNER STUDIO||
||AND VIDEOS, MANJERI TO THE PETITIONER.||||||||
|Exhibit P11|TRUE COPY OF THE CIRCULAR|||NO.|||||
||PCB/HO/HOW/RULES9/7/2019 DATED||||||04-02-2021||
||ISSUED BY THE 5TH RESPONDENT.||||||||
|Exhibit P12|TRUE COPY OF THE CIRCULAR||||||||
||NO.PCB/HO/HOW/RULES 9/7/2019||||DATED 21-04-||||
||2021 ISSUED BY THE 5TH RESPONDENT.||||||||
|Exhibit P13|TRUE COPY OF THE CIRCULAR||||||||
||NO.PCB/HO/HOW/RULES 9/7/2019||||DATED 24-02-||||
||2020 ISSUED BY THE 5TH RESPONDENT.||||||||
|WP(C)Nos.<br>11517/2020|WP(C)Nos.<br>11517/2020|WP(C)Nos.<br>11517/2020||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|& con.cases|||||106|||||||||||||
|Exhibit|P14|TRUE|COPY OF THE OFFICIAL MEMORANDUM||||||||||NO.B-|||||
|||13011/1/2019-20/AQM DATED 16-08-2021|||||||||||ISSUED|||||
|||BY THE 4TH RESPONDENT.||||||||||||||||
|Exhibit|P15|PHOTOGRAPHS|||OF||THE|NORTHERN|||AND SOUTHERN|||||||
|||BOUNDARY TO|||THE PETROL PUMP.|||||||||||||
|Exhibit|P16|TRUE|COPY OF THE TAX RECEIPT ISSUED IN|||||||||||FAVOR||||
|||OF SMT.RADHAMANI AND OTHERS|||||||||DATED 6-10-2020.|||||||
|Exhibit|P17|PHOTOGRAPH OF||||THE CONSTRUCTION AT THE||||||||||||
|||PETROLEUM RETAIL OUTLET IN||||||||9TH RESPONDENT'S||||||||
|||PROPERTY AS|||ON||9-07-2021.|||||||||||
|Exhibit|P18|PHOTOGRAPHS|||OF||THE|PETROLEUM RETAIL OUTLET||||||||||
|||ESTABLISHED|||IN||9TH|RESPONDENT'S PROPERTY.||||||||||
|**RESPONDENTS' EXTS**<br>**:**||||||||||||||||||
|EXT.R9(A):||COPY OF CONSENT TO ESTABLISH DT.5.9.2019||||||||||||||||
|EXT.R9(B):||COPY OF EXPLOSIVE||||||LICENCE||DT.4.2.21.||||||||
|EXT.R9(C):||COPY OF BUILDING PERMIT DT.25.1.21.||||||||||||||||
|EXT.R9(D):||COPY OF BILL||||ISSUED AFTER||||COMMISSIONING||||||THE||
|||OUTLET DT.24.2.21.||||||||||||||||
|A<br>NNEXURE|R8(A):|TRUE COPY OF||||JUDGMENT|||DT.13.10.2015||||PASSED|||||
|||IN WPC.30818||||OF 2015||||||||||||
|ANNEXURE|R8(B):|<br>COPY OF JUDGMENT DT.9.10.2015 PASSED IN||||||||||||||WPC||
|||30698||OF 2015||||||||||||||
|ANNEXURE|R8(C):|<br>TRUE COPY OF||||CONSENT TO ESTABLISH||||||||||||
|||DT.5.9.2019|||ISSUED BY||||THE|5TH RESPONDENT.||||||||
|ANNEXURE|R8(D):|<br>TRUE COPY OF||||INITIAL APPROVAL DT.29.11.2019||||||||||||
|||ISSUED BY PESO.||||||||||||||||
|ANNEXURE|R8(E):|<br>TRUE COPY OF||||CIRCULAR|||DT.9.8.2004.|||||||||
|ANNEXURE|R8(F):|<br>TRUE COPY OF||||CIRCULAR|||DT.21.4.21 ISSUED|||||||BY||
|||THE|5TH RESPONDENT.|||||||||||||||
|EXT.R6(A):||TRUE COPY OF||||THE RELEVANT||||PAGES OF THE||||||||
|||CIRCULAR NO.PCB/T4/115/97||||||||DATED 17-3-2017||||||||
|||ISSUED BY THE BOARD.||||||||||||||||
|EXT.R6(B):||TRUE COPY OF||||THE CIRCULAR||||NO.PCB/TAC/||||||||
|||18/2004 DATED 9-8-2004 ISSUED BY THE BOARD.||||||||||||||||
|EXT.R6(C):||TRUE COPY OF||||THE ORDER DATED 22-7-2019|||||||||IN|||
|||O.A. NOS. 31/2019||||||AND|86/2019 OF THE HON'BLE|||||||||
|||NGT.||||||||||||||||
|EXT.R6(D):||TRUE COPY OF||||THE OFFICE MEMORANDUM NO.|||||||||B-|||
|||13011/1/2019-20/AQM/10802-10847 DATED||||||||||||7-|||1-|
|||2020 ISSUED|||BY||THE CPCB.|||||||||||
|EXT.R6(E):||TRUE COPY OF||||THE CIRCULAR||||||||||||
|||NO.PCB/HO/HOW/RULES9/7/2019|||||||||DATED|24-2-||||2020||
|||ISSUED BY THE BOARD.||||||||||||||||
|WP(C)Nos.<br>11517/2020|WP(C)Nos.<br>11517/2020||||
|---|---|---|---|---|
|& con.cases||107|||
|EXT.R6(F):||TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/|||
|||RULES 9/7/2019|DATED 18-08-2020 ISSUED BY||
|||THE BOARD.|||
|EXT.R6(G):||TRUE COPY OF THE OFFICE MEMORANDUM NO.B-|||
|||13011/1/2020-21/AQM||DATED 29-1-2021 ISSUED|
|||BY THE CPCB.|||
|EXT.R6(H):||TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/|||
|||RULES9/7/2019 DATED||4-2-2021 ISSUED BY THE|
|||BOARD.|||
|EXT.R6(I):||TRUE COPY OF THE CIRCULAR NO. PCB/HO/HOW/|||
|||RULES 9/7/2019|DATED 21-4-2021 ISSUED BY THE||
|||BOARD.|||
|EXT.R6(J):||TRUE COPY OF THE ERRATUM|||
|||NO.PCB/HO/HOW/RULES9/7/2019 DATED 28-5- 2021|||
|||ISSUED BY THE BOARD.|||
WP(C)Nos.11517/2020 & con.cases 108
## **APPENDIX OF WP(C) 11495/2021**
## PETITIONER EXHIBITS
|Exhibit P1|TRUE COPY OF THE REPRESENTATION|TRUE COPY OF THE REPRESENTATION|TRUE COPY OF THE REPRESENTATION|TRUE COPY OF THE REPRESENTATION|SUBMITTED BY|SUBMITTED BY|SUBMITTED BY|SUBMITTED BY|SUBMITTED BY|SUBMITTED BY|
|---|---|---|---|---|---|---|---|---|---|---|
||THE LOCAL PEOPLE TO THE 6TH||RESPONDENT.||||||||
|Exhibit P2|TRUE COPY OF THE PLAINT IN OS NO.75/2021||||||||ON THE||
||FILE OF THE MUNSIFF COURT, CHITTUR.||||||||||
|Exhibit P3|TRUE COPY OF THE OBJECTION FILED BY THE||||||||||
||RESPONDENT NO.8 HEREIN (RESPONDENT|||||NO.5||IN|||
||IA.NO.47/2021 IN EXHIBIT P2||SUIT).||||||||
|Exhibit P4|TRUE COPY OF THE ROUGH SKETCH PRODUCED||||||ALONG||||
||WITH THE COMMISSION REPORT IN EXHIBIT.P2.||||||||||
|Exhibit P5|TRUE COPY OF THE SKETCH SUBMITTED BY THE||||||||||
||RESPONDENTS NO.8 AND 9 FOR THE PURPOSE||||||OF||||
||ESTABLISHING THE PETROLEUM RETAIL OUTLET.||||||||||
|Exhibit P6|TRUE COPY OF THE CIRCULAR DATED||||09.08.2004||||||
||ISSUED|BY THE 7TH RESPONDENT.|||||||||
|Exhibit P7|TRUE COPY OF THE CIRCULAR DATED||||24.02.2020||||||
||ISUED BY THE 7TH RESPONDENT.||||||||||
|Exhibit P8|TRUE COPY OF THE CIRCULAR DATED||||18.08.2020||||||
||ISUED BY THE 7TH RESPONDENT.||||||||||
|Exhibit P9|TRUE COPY OF THE CIRCULAR DATED||||04.02.2021||||||
||ISUED BY THE 7TH RESPONDENT.||||||||||
|Exhibit P10|TRUE PHOTOGRAPHS SHOWING THE|||SITE IN SUBJECT|||||||
||BELONGING TO THE RESPONDENTS|||NO. 8||AND|9.||||
|Exhibit P11|TRUE COPY OF THE ORDER DATED|||28.04.2021||||PASSED|||
||BY THE|3RD RESPONDENT.|||||||||
|Exhibit P12|TRUE COPY IOF THE JUDGMENT (WITHOUT CAUSE TITLE||||||||||
||AND APPENDIX) PASSED IN WPC||NO.||30698/2015|||||ON|
||THE FILE OF THIS HONOURABLE||COURT.||||||||
|Exhibit P13|TRUE LEGIBLE COPY OF EXT.P5||SKETCH||||||||
|Exhibit P14|TRUE COPY OF THE JUDGMENT DT.9.10.2015||||||PASSED||||
||BY THIS COURT IN WPC 30698/2015.||||||||||
|Exhibit P15|TRUE COPY OF PETITION SUBMITTED||||BEFORE||THE|||SUB|
||INSPECTOR OF POLICE, CHITTUR|||POLICE STATION.|||||||
|Exhibit P16|TRUE COPY OF RECEIPT ISSUED||ON RECEIPT||||OF||||
||EXT.P15||||||||||
|Exhibit P17|TRUE COPY OF COMMISSION REPORT FILED IN|||||||EXT.P2|||
||SUIT.||||||||||
|Exhibit P18|TRUE COPY OF THE CIRCULAR DATED||||21-04-2021||||||
WP(C)Nos.11517/2020 & con.cases 109 ISSUED BY THE RESPONDENT NO.7 Exhibit P19 TRUE COPY OF THE OFFICE MEMORANDUM DATED 16-082021 ISSUED BY THE ADDITIONAL RESPONDENT NO.10.
## **RESPONDENTS' EXTS:**
|EXHIBIT R1(A)|EXHIBIT R1(A)|||TRUE COPY OF THE JUDGMENT DATED 13.10.2015 IN|TRUE COPY OF THE JUDGMENT DATED 13.10.2015 IN|TRUE COPY OF THE JUDGMENT DATED 13.10.2015 IN|TRUE COPY OF THE JUDGMENT DATED 13.10.2015 IN|TRUE COPY OF THE JUDGMENT DATED 13.10.2015 IN|TRUE COPY OF THE JUDGMENT DATED 13.10.2015 IN|TRUE COPY OF THE JUDGMENT DATED 13.10.2015 IN|TRUE COPY OF THE JUDGMENT DATED 13.10.2015 IN|TRUE COPY OF THE JUDGMENT DATED 13.10.2015 IN|TRUE COPY OF THE JUDGMENT DATED 13.10.2015 IN|
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|||||WRIT PETITION (CIVIL) NO. 30818 OF 2015||||||||||
|EXHIBIT R1(B)||||TRUE COPY OF THE JUDGMENT DATED 09.04.2015 IN||||||||||
|||||WRIT PETITION (CIVIL) NO. 9384 OF 2015||||||||||
|EXHIBIT R1(C)||||TRUE COPY OF THE||||CONSENT TO ESTABLISH|||||DATED|
|||||05.10.2019 ISSUED BY THE|||||7TH RESPONDENT|||||
|EXHIBIT R1(D)||||TRUE||COPY OF THE INITIAL||||APPROVAL|||DATED|
|||||19.11.2019 ISSUED BY PESO||||||||||
|EXHIBIT R1(E)||||TRUE COPY OF THE NO-OBJECTION||||||CERTIFICATE DATED||||
|||||24.09.2019 ISSUED BY THE|||||FIRE|& RESCUE||SERVICES||
|EXHIBIT R-8(A)||||COPY OF THE CONSENT TO ESTABLISH ISSUED|||||||||BY THE|
|||||7TH RESPONDENT DATED 5/10/2019||||||||||
|EXHIBIT R-8(B)||||COPY OF THE PESO LICENSE|||||DATED 18/11/2019|||||
|EXHIBIT R-8(C)||||COPY OF THE NO OBJECTION CERTIFICATE|||||||ISSUED BY|||
|||||THE FIRE AND RESCUE||||DEPARTMENT DATED 24/9/2019||||||
|EXHIBIT R-8(D)||||COPY OF THE OFFICIAL MEMORANDUM ISSUED|||||||||BY THE|
|||||CENTRAL POLLUTION CONTROL BOARD ON 7/1/2020||||||||||
|EXHIBIT R-8(E)||||COPY OF THE OFFICIAL MEMORANDUM ISSUED|||||||||BY THE|
|||||CENTRAL POLLUTION CONTROL BOARD ON 29/1/2021||||||||||
|EXHIBIT R-8(F)||||COPY OF THE BILLS ISSUED|||||BY THE ENGINEER DATED|||||
|||||22/9/2019||||||||||
|**EXT.R6(A) TO (J)**||||**-**|<br>**ADOPTED FROM COUNTER AFFIDAVIT IN WPC**||||||**11907/21**|||
|EXT.R6(A):|||||TRUE COPY OF THE RELEVANT PAGES OF THE|||||||CIRCULAR||
||||||NO.PCB/T4/115/97 DATED 17-3-2017 ISSUED BY THE|||||||||
||||||BOARD.|||||||||
|EXT.R6(B):|||||TRUE COPY OF THE CIRCULAR NO.PCB/TAC/||||||18/2004|||
||||||DATED|9-8-2004 ISSUED BY|||THE BOARD.|||||
|EXT.R6(C):|||||TRUE COPY OF THE ORDER DATED 22-7-2019|||||||IN O.A.||
||||||NOS. 31/2019 AND 86/2019||||OF THE HON'BLE NGT.|||||
|EXT.R6(D):|||||TRUE COPY OF THE OFFICE MEMORANDUM NO.|||||||B-||
||||||13011/1/2019-20/AQM/10802-10847 DATED||||||7-||1-2020|
||||||ISSUED BY THE CPCB.|||||||||
|EXT.R6(E):|||||TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/RULES9/|||||||||
||||||7/2019 DATED 24-2-|||2020 ISSUED BY THE|||BOARD.|||
|EXT.R6(F):|||||TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/||||||||RULES|
||||||9/7/2019||DATED 18-08-2020 ISSUED BY THE BOARD.|||||||
|EXT.R6(G):|||||TRUE COPY OF THE OFFICE MEMORANDUM NO.B-|||||||||
||||||13011/1/2020-21/AQM DATED 29-1-2021 ISSUED BY|||||||||
||||||THE CPCB.|||||||||
**EXT.R6(A) TO (J) - ADOPTED FROM COUNTER AFFIDAVIT IN WPC 11907/21**
|WP(C)Nos.<br>11517/2020|WP(C)Nos.<br>11517/2020||||||||
|---|---|---|---|---|---|---|---|---|
|& con.cases|||110||||||
|EXT.R6(H):||TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/|||||||
|||RULES9/7/2019 DATED|||4-2-2021||ISSUED BY THE||
|||BOARD.|||||||
|EXT.R6(I):||TRUE COPY OF THE CIRCULAR NO. PCB/HO/HOW/ RULES|||||||
|||9/7/2019 DATED|21-4-2021|||ISSUED BY THE BOARD.|||
|EXT.R6(J):||TRUE COPY OF THE ERRATUM|||||||
|||NO.PCB/HO/HOW/RULES9/7/2019 DATED 28-5-||||||2021|
|||ISSUED BY THE BOARD.|||||||
|ANNEXURE|R10 (A)|TRUE PHOTOCOPY|OF|THE GUIDELINES DATED:|||||
|||07/01/2020 BEARING NO.B-||||13011/1/2019-|||
|||20/AQM10802-10847||ISSUED||BY THE 10 TESPONDENT.|||
|ANNEXURE|R10 (B)|TRUE PHOTOCOPY|OF|THE OFFICE|||MEMORANDUM|DATED:|
|||29/01/2021 BEARING NO. B-13011/1/2020-21/AQM|||||||
|||ISSUED BY THE 1ST||RESPONDENT.|||||
|ANNEXURE|R10 (C)|THE ADDENDUM AS PER|||THE OFFICE MEMORANDUM B-||||
|||13011/1/2019- 20/AQM, DATED:|||||16/08/2021.||
WP(C)Nos.11517/2020 & con.cases 111
## **APPENDIX OF WP(C) 17601/2021**
## PETITIONER EXHIBITS
- Exhibit P1 TRUE COPY OF THE LETTER OF REQUEST DATED 10/05/2019 SUBMITTED BY RESPONDENT NO.1 BEFORE RESPONDENT NO.2 OBTAINED UNDER RIGHT TO INFORMATION ACT.
- Exhibit P2 TRUE COPY OF A SKETCH SHOWING THE POSITION OF THE RESIDENTIAL HOUSES ADJACENT TO THE PROPOSED PETROL PUMP PREPARED BY THE VILLAGE OFFICER, VELUTHUR VILLAGE OBTAINED UNDER RIGHT TO INFORMATION ACT ON 09/08/2021.
- Exhibit P3 TRUE COPY OF THE ORDER OF THE NATIONAL GREEN TRIBUNAL IN OA 86/2019 DATED 18/01/2019.
- Exhibit P4 TRUE COPY OF THE GUIDELINES ISSUED BY RESPONDENT NO.5 DATED 07/01/2020.
- Exhibit P5 TRUE COPY OF THE CIRCULAR ISSUED BY RESPONDENT NO.4 DATED 24/02/2020.
- Exhibit P6 TRUE COPY OF THE CIRCULAR ISSUED BY R4 DATED 18/08/2020.
- Exhibit P7 TRUE COPY OF CENTRAL POLLUTION CONTROL BOARD OFFICE, MEMORANDUM B-13011/1/2020-21/AQM DATED 29/01/2021 IS PRODUCED AND MARKED AS EXT.P7.
- Exhibit P8 TRUE COPY OF KERALA STATE POLLUTION CONTROL BOARD CIRCULAR PCB/HO/HOW/RULES9/7/2019 DATED 04/02/2021.
- Exhibit P9 TRUE COPY OF KERALA STATE POLLUTION CONTROL BOARD CIRCULAR PCB/HO/HOW/RULES9/7/2019 DATED 21/04/2021.
- Exhibit P10 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 24/03/2020 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE UNDER RULE 144 OF THE PETROLEUM RULES, 2002.
- EXHIBIT P11 TRUE PHOTOGRAPH OF THE COMMENCED INSTALLATION OF THE TANK ON 25.08.2021 TAKEN ON THIS PETITIONER'S PHONE
- EXHIBIT P12 TRUE PHOTOGRAPHS OF THE PREMISES AS ON 23.12.2021 9.08 A.M. AS TAKEN ON THIS PETITIONER'S PHONE
- EXHIBIT P13 TRUE COPY OF THE SATELLITE IMAGE OF THE PROPERTY TAKEN ON 12.01.2020 OBTAINED BY THIS PETITIONER IS PRODUCED ON A COMPACT DISK
- EXHIBIT P13(A) TRUE COPY OF THE VISIBLE SPECTRUM ENHANCED
|WP(C)Nos.<br>11517/2020|WP(C)Nos.<br>11517/2020|WP(C)Nos.<br>11517/2020|||||||
|---|---|---|---|---|---|---|---|---|
|& con.cases||112|||||||
|||IMAGE OF THE SUBJECT PROPERTY IN SURVEY|||||||
|||NO.141/3P OF VELUTHUR VILLAGE WITHIN ARIMPUR|||||||
|||GRAMA PANCHAYAT TRISSUR TALUK OF TRISSUE|||||||
|||DISTRICT AS ON 12.01.2020|||||||
|EXHIBIT P14||TRUE COPY OF THE|SATELITE||IMAGE OF THE||||
|||PROPERTY TAKEN ON||19.12.2021 OBTAINED BY||||THIS|
|||PETITIONER IS PRODUCED ON|||A COMPACT|DISK|||
|EXHIBIT P14(A)||TRUE COPY OF THE|VISIBLE SPECTRUM ENHANCED||||||
|||IMAGE OF THE SUBJECT PROPERTY IN SURVEY|||||||
|||NO.141/3P OF VELUTHUR VILLAGE WITHIN ARIMPUR|||||||
|||GRAMA PANCHAYAT OF TRISSUR TALUK OF||||TRISSUR|||
|||DISTRICT AS ON 19.12.2021|||||||
|RESPONDENTS' EXHIBITS|||||||||
|EXT.R6(A)||TRUE COPY OF THE|RELEVANT||PAGES OF THE||||
|||CIRCULAR NO.PCB/T4/115/97|||DATED 17.3.2017||||
|||ISSUED BY THE BOARD|||||||
|EXT.R6(B)||TRUE COPY OF THE|CIRCULAR||NO.PCB/TAC/18/2004||||
|||DATED 09.08.2004|ISSUED BY THE BOARD||||||
|EXT.R6(C)||TRUE COPY OF THE|ORDER DATED 22.07.2019||||IN||
|||O.A.NOS.31/2019 AND 86/2019 OF THE HON'BLE NGT|||||||
|EXT.R6(D)||TRUE COPY OF THE|OFFICE MEMORANDUM NO.B-||||||
|||13011/1/2019-20/AQM/10802-10847 DATED 7.1.2020|||||||
|||ISSUED BY THE CPCB|||||||
|EXT.R6(E)||TRUE COPY OF THE|CIRCULAR||||||
|||NO.PCB/HO/HOW/RULES9/7/2019 DATED 24.2.2020|||||||
|||ISSUED BY THE BOARD|||||||
|EXT.R6(F)||TRUE COPY OF THE|CIRCULAR||||||
|||NO.PCB/HO/HOW/RULES9/7/2019 DATED 18.08.2020|||||||
|||ISSUED BY THE BOARD|||||||
|EXT.R6(G)||TRUE COPY OF THE|OFFICE MEMORANDUM NO.B-||||||
|||13011/1/2020-21/AQM DATED|||29.1.2021|ISSUED BY|||
|||THE PCB|||||||
|EXT.R6(H)||TRUE COPY OF THE|CIRCULAR||||||
|||NO.PCB/HO/HOW/RULES9/7/2019 DATED 4.2.2021|||||||
|||ISSUED BY THE BOARD|||||||
|EXT.R6(I)||TRUE COPY OF THE|CIRCULAR||||||
|||NO.PCB/HO/HOW/RULES9/7/2019 DATED 21.4.2021|||||||
|||ISSUED BY THE BOARD|||||||
|EXT.R6(J)||TRUE COPY OF THE|ERRATUM||||||
|||NO.PCB/HO/HOW/RULES9/7/2019 DATED 28.5.2021|||||||
|||ISSUED BY THE BOARD|||||||
|EXT.R1(A)||TRUE COPY OF THE|JUDGMENT||DATED 13.10.2015||||
|||PASSED IN WRIT PETITION (CIVIL) NO.30818||||||OF|
|WP(C)Nos.<br>11517/2020|||||
|---|---|---|---|---|
|& con.cases|113||||
||2015||||
|EXT.R1(B)|TRUE COPY OF THE JUDGMENT DATED 09.10.2015||||
||PASSED IN WRIT PETITION (CIVIL) NO.30698||OF||
||2015||||
|EXT.R1(C)|TRUE COPY OF THE CONSENT|TO ESTABLISH DATED|||
||08.09.2020 ISSUED BY THE|4TH RESPONDENT|||
|EXT.R1(D)|TRUE COPY OF THE INITIAL|APPROVAL DATED|||
||15.11.2019 ISSUED BY PESO||||
|EXT.R1(E)|TRUE COPY OF THE BUILDING PERMIT DATED||||
||15.07.2021 ISSUED BY THE|3RD RESPONDENT|||
|EXT.R1(F)|TRUE COPY OF THE LICENCE|DATED 25.08.2021|||
|EXT.R1(G)|TRUE COPY OF THE CIRCULAR DATED 09.08.2004|||OF|
||THE 4TH RESPONDENT||||
|ANNEXURE R5(A)|THE ADDENDUM AS PER THE OFFICE MEMORANDUM B-||||
||13011/1/2019-20/AQM, DATED 16.08.2021||||
WP(C)Nos.11517/2020 & con.cases 114
## **APPENDIX OF WP(C) 18031/2021**
## PETITIONER EXHIBITS
- Exhibit P1 COPY OF THE OFFICE LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 11/5/2020.
- Exhibit P2 COPY OF THE APPLICATION FILED BY THE 5TH RESPONDENT FOR GETTING NOC TO THE OUTLET AWARDED TO THE PETITIONER DATED 4/6/2020.
- Exhibit P3 COPY OF G.O.(MS) NO.46/2019/PWD DATED 22/10/2019. Exhibit P4 COPY OF THE G.O.(MS) NO.16/2020/PWD DATED 10/2/20. Exhibit P5 COPY OF THE RELEVANT PAGES OF G.O.(MS) NO.67/2020/PWD DATED 16/10/2020.
- Exhibit P6 COPY OF THE JUDGMENT OF WP(C) NO.5973/2021 DATED 12/8/2021.
- Exhibit P7 COPY OF THE ORDER OF NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI, DATED 22/07/2019.
- Exhibit P8 COPY OF THE OFFICIAL MEMORANDUM OF THE 6TH RESPONDENT DATED 7/1/20.
- Exhibit P9 COPY OF THE CIRCULAR ISSUED BY THE 7TH RESPONDENT ON 24/2/20.
- Exhibit P10 COPY OF THE CIRCULAR ISSUED BY THE 7TH RESPONDENT ON 18/8/20.
- Exhibit P11 COPY OF THE OFFICIAL MEMORANDUM OF THE 6TH RESPONDENT DATED 29/1/2021.
- Exhibit P12 COPY OF THE CIRCULAR ISSUED BY THE 7TH RESPONDENT ON 4/2/21.
- Exhibit P13 COPY OF THE CIRCULAR ISSUED BY THE 7TH RESPONDENT DATED 21/4/21.
- Exhibit P14 COPY OF THE APPLICATION BEFORE THE 7TH RESPONDENT DATED 24/8/21.
- Exhibit P15 COPY OF THE CIRCULAR ISSUED BY THE 7TH RESPONDENT DATED 9/8/2004.
ANNEXURE R6(A): THE ADDENDUM AS PER THE OFFICE MEMORANDUM B- 13011/1/2019/20/AQM DT.16.8.2021.
WP(C)Nos.11517/2020 & con.cases 115
## **APPENDIX OF WP(C) 27900/2021**
PETITIONERS' EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE ORDER DATED 18/01/2019 PASSED BY THE PRINCIPAL BENCH OF THE HON'BLE NATIONAL GREEN TRIBUNAL, NEW DELHI IN OA NO. 86/2019. Exhibit P2 A TRUE PHOTOCOPY OF THE OFFICE MEMORANDUM DATED 07/01/2020 ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD. Exhibit P3 A TRUE PHOTOCOPY OF THE CONSENT TO ESTABLISH DATED 29/10/2021 GRANTED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT. Exhibit P4 A TRUE PHOTOCOPY OF THE CIRCULAR DATED 24/02/2020 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P5 A TRUE PHOTOCOPY OF THE CIRCULAR DATED 18.08.2020 ISSUED BY THE 3RD RESPONDENT EXHIBIT P6 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 26.08.2021 IN OA NO.07/2021 PASSED BY THE HONOURABLE NATIONAL GREEN TRIBUNAL EXHIBIT P7 A TRUE PHOTOCOPY OF THE OFFICE MEMORANDUM DATED 29.01.2021 ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD
EXHIBIT P8 TRUE PHOTOCOPY OF THE CIRCULAR DATED 04.02.2021 ISSUED BY THE 3RD RESPONDENT EXHIBIT P9 A TRUE PHOTOCOPY OF THE APPEAL DATED 19.11.2021 PREFERRED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT
WP(C)Nos.11517/2020 & con.cases 116
## **APPENDIX OF WP(C) 10367/2021**
## **PETITIONER'S EXHIBITS**
|EXHIBIT P1|TRUE COPY OF THE|TRUE COPY OF THE|ORDER DATED 16.2.2021|ORDER DATED 16.2.2021|ORDER DATED 16.2.2021|ISSUED|ISSUED|
|---|---|---|---|---|---|---|---|
||BY THE 4TH RESPONDENT.|||||||
|Exhibit P2|TRUE COPY OF THE||OFFICE MEMORANDUM DATED|||||
||7.1.2020 ALONG WITH THE GUIDELINES ISSUED BY|||||||
||THE CENTRAL POLLUTION CONTROL BOARD.|||||||
|Exhibit P3|TRUE COPY OF THE||OFFICE MEMORANDUM DATED|||||
||29.1.2021 ISSUED||BY THE CENTRAL|POLLUTION||||
||CONTROL BOARD.|||||||
|Exhibit P4|TRUE COPY OF THE||CONSENT TO ESTABLISH|||||
||PETROLEUM OUTLET||ISSUED TO THE 7TH RESPONDENT.|||||
|Exhibit P5|TRUE COPY OF THE||CIRCULAR DATED|24.2.2020||||
||ISSUED BY THE KERALA STATE POLLUTION CONTROL|||||||
||BOARD.|||||||
|Exhibit P6|TRUE COPY OF THE||DRAFT GUIDELINES||ISSUED||BY|
||THE CENTRAL POLLUTION CONTROL BOARD ON|||||THE||
||BASIS|OF THE ORDER OF NATIONAL GREEN TRIBUNAL.||||||
|Exhibit P7|TRUE COPY OF THE||NOTICE DATED 3.4.2020|||ISSUED||
||BY THE ENVIRONMENTAL ENGINEER, POLLUTION|||||||
||CONTROL BOARD, ALAPPUZHA DISTRICT.|||||||
|Exhibit P8|TRUE COPY OF THE||CIRCULAR ISSUED BY THE STATE|||||
||POLLUTION CONTROL BOARD DATED 04/02/2021.|||||||
|Exhibit P9|TRUE COPY OF THE||CIRCULAR DATED|24/02/2020.||||
|Exhibit P10|TRUE COPY OF THE||SITE APPROVAL AND BUILDING|||||
||PERMIT ISSUED BY||8TH RESPONDENT|PANCHAYATH||||
||DATED|06/05/2021.||||||
|Exhibit P11|TRUE COPY OF THE||JUDGMENT IN WPC.NO.19252/2020|||||
||DATED|02/12/2020.||||||
|Exhibit P12|TRUE COPY OF THE||ORDER IN O.A.NO.116 OF 2021|||||
||DATED|25/05/2021|OF THE NATIONAL GREEN|||||
||TRIBUNAL SOUTHERN ZONE, CHENNAI.|||||||
|Exhibit P13|TRUE COPY OF THE||LETTER ISSUED BY||THE DISTRICT|||
||COLLECTOR KOLLAM||DATED 16/06/2021||TO THE||8TH|
||RESPONDENT PANCHAYATH.|||||||
|Exhibit P14|TRUE COPY OF THE||STOP MEMO ISSUED||BY THE||8TH|
||RESPONDENT PANCHAYATH DATED 17/06/2021.|||||||
|Exhibit P15|TRUE COPY OF THE||LETTER ISSUED BY||THE MINISTRY|||
||OF ROAD TRANSPORT AND HIGHWAYS DATED 1/8/2019|||||||
WP(C)Nos.11517/2020 & con.cases 117 Exhibit P16 TRUE COPY OF THE PERMIT ISSUED BY THE PETROLEUM EXPLOSIVE SAFETY ORGANIZATION (PESO) TO THE 7TH RESPONDENT, WITH RESPECT TO THE PETROLEUM RETAIL OUTLET
## **RESPONDENTS' EXTS:**
ANNEXURE R3(A): TRUE PHOTOCOPY OF THE GUIDELINES DATED 07/01/2020 BEARING NO.B-13011/1/201920/AQM10802-10847 ISSUED BY THE 3RD RESPONDENT (CPCB). ANNEXURE R3(B): TRUE PHOTOCOPY OF THE OM DATED: 29-01- 2021 BEARING NO. B-13011/1/2020-21/AQM ISSUED BY THE 3RD RESPONDENT (CPCB). ANNEXURE R3(C): TRUE PHOTOCOPY OF THE GUIDELINES DATED: 16 - 082021 BEARING NO. B-13011/1/2019-21/AQM ISSUED BY THE 3RD RESPONDENT (CPCB).
WP(C)Nos.11517/2020 & con.cases 118
## **APPENDIX OF WP(C) 11907/2021**
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE OFFICE MEMORANDUM OF THE CENTRAL POLLUTION CONTROL BOARD DATED 7.1.2020. Exhibit P2 TRUE COPY OF THE ORDER DATED 22.07.2019 IN ORDER IN OA NOS.31/2019 AND 86/2019 OF NATIONAL GREEN TRIBUNAL. Exhibit P3 TRUE COPY OF THE OFFICE MEMORANDUM ISSUED BY THE 4TH RESPONDENT DATED 29.01.2021. Exhibit P4 TRUE COPY OF THE ORDER DATED 16.02.2021 ISSUED BY THE 5TH RESPONDENT. Exhibit P5 TRUE COPY OF THE CIRCULAR DATED 24.02.2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD. Exhibit P6 TRUE COPY OF THE CIRCULAR ISSUED BY THE 6TH RESPONDENT DATED 04.02.2021. Exhibit P7 TRUE COPY OF THE CIRCULAR ISSUED BY THE 6TH RESPONDENT DATED 21.04.2021. Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 11.08.2020 BEFORE THE 9TH RESPONDENT PANCHAYATH. Exhibit P9 TRUE COPY OF THE JUDGMNET DATED 02.12.2020 IN WPC NO.19252/2020. Exhibit P10 TRUE COPY OF THE DRAFT GUIDELINES PUBLISHED BY THE CENTRAL POLLUTION CONTROL BOARD. **RESPONDENTS' EXTS:** EXT.R6(A): TRUE COPY OF THE RELEVANT PAGES OF THE CIRCULAR NO.PCB/T4/115/97 DATED 17-3-2017 ISSUED BY THE BOARD. EXT.R6(B): TRUE COPY OF THE CIRCULAR NO.PCB/TAC/ 18/2004 DATED 9-8-2004 ISSUED BY THE BOARD. EXT.R6(C): TRUE COPY OF THE ORDER DATED 22-7-2019 IN O.A. NOS. 31/2019 AND 86/2019 OF THE HON'BLE NGT. EXT.R6(D): TRUE COPY OF THE OFFICE MEMORANDUM NO. B- 13011/1/2019-20/AQM/10802-10847 DATED 7- 1- 2020 ISSUED BY THE CPCB. EXT.R6(E): TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/RULES9/7/2019 DATED 24-2- 2020 ISSUED BY THE BOARD.
|WP(C)Nos.<br>11517/2020|WP(C)Nos.<br>11517/2020|||
|---|---|---|---|
|& con.cases||119||
|EXT.R6(F):||TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/||
|||RULES 9/7/2019|DATED 18-08-2020 ISSUED BY|
|||THE BOARD.||
|EXT.R6(G):||TRUE COPY OF THE OFFICE MEMORANDUM NO.B-||
|||13011/1/2020-21/AQM DATED 29-1-2021 ISSUED||
|||BY THE CPCB.||
|EXT.R6(H):||TRUE COPY OF THE CIRCULAR NO.PCB/HO/HOW/||
|||RULES9/7/2019 DATED 4-2-2021 ISSUED BY THE||
|||BOARD.||
|EXT.R6(I):||TRUE COPY OF THE CIRCULAR NO. PCB/HO/HOW/||
|||RULES 9/7/2019|DATED 21-4-2021 ISSUED BY THE|
|||BOARD.||
|EXT.R6(J):||TRUE COPY OF THE ERRATUM||
|||NO.PCB/HO/HOW/RULES9/ 7/2019 DATED 28-5-||
|||2021 ISSUED BY|THE BOARD.|
WP(C)Nos.11517/2020 & con.cases 120
## **APPENDIX OF WP(C) 12880/2021**
|PETITIONER’S EXHIBITS||||||
|---|---|---|---|---|---|
|Exhibit P1|A TRUE COPY OF THE NOC NO.M971546/2018||||DATED|
||31.10.2019||ISSUED BY THE 2ND RESPONDENT.|||
|Exhibit P2|A TRUE COPY OF THE ‘CONSENT TO ESTABLISH’|||||
||ISSUED BY THE KERALA STATE POLLUTION CONTROL|||||
||BOARD.|||||
|Exhibit P3|A TRUE COPY OF THE INTERIM ORDER DATED|||||
||13/08/2020||IN WP(C) NO.30037/2019.|||
|Exhibit P4|A TRUE COPY OF THE COMMON JUDGMENT DATED|||||
||16/04/2021||IN WP(C) NO.30037/2019|AND||
||CONNECTED CASES.|||||
|Exhibit P5|A TRUE COPY OF THE INTERIM ORDER DATED|||||
||30.04.2021||IN WP(C) NO.10632/2021.|||
|Exhibit P6|A TRUE COPY OF THE SITE APPROVAL AND|||||
||BUILDING PERMIT DATED 06/05/2021 ISSUED BY|||||
||THE 4TH RESPONDENT.|||||
|Exhibit P7|A TRUE COPY OF THE ORDER NO.M7-91546/2018|||||
||DATED|16/06/2021 ISSUED BY THE 2ND||||
||RESPONDENT.|||||
|Exhibit P8|A TRUE COPY OF THE ORDER NO.A3-4062/2021|||||
||DATED|17/06/2021 ISSUED BY THE 4TH||||
||RESPONDENT.|||||
|Exhibit P9|A TRUE COPY OF THE INTERIM ORDER DATED|||||
||23/04/2021||IN WP(C) NO.10367/2021.|||
|Exhibit P10|A TRUE COPY OF THE RELEVANT PAGES|||OF THE||
||REPRESENTATION DATED 15/08/2020 SUBMITTED|||||
||BEFORE THE||4TH RESPONDENT.|||
## **RESPONDENTS’ EXHIBITS**
|ANNEXURE A-1|TRUE COPY OF|PHOTOGRAPH OF THE CHIRA/LAKE|PHOTOGRAPH OF THE CHIRA/LAKE|
|---|---|---|---|
|ANNEXURE A-2|TRUE COPY OF|THE JUDGMENT DATED 02.12.2020||
||IN WP(C) NO.19252 OF 2020 PASSED BY THIS|||
||HON’BLE COURT|||
|ANNEXURE A-3|TRUE COPY OF THE LETTER DATED 18.02.2021,|||
||THE SECRETARY OF KOLLAM DISTRICT PANCHAYATH|||
|ANNEXURE A-4|TRUE COPY|OF THE REPRESENTATION|DATED|
||24.05.2021 SUBMITTED BY THE PETITIONER|||
|ANNEXURE A-5|TRUE COPY OF|THE ORDER DATED 25.05.2021 IN||
|WP(C)Nos.<br>11517/2020|WP(C)Nos.<br>11517/2020|WP(C)Nos.<br>11517/2020||||
|---|---|---|---|---|---|
|& con.cases||121||||
|||O.P. NO.116 OF 2021 PASSED|BY|HON’BLE||
|||NATIONAL GREEN TRIBUNAL, CHENNAI||||
|ANNEXURE|A-6|TRUE COPY OF THE ORDER DATED|16.06.2021|||
|||ISSUED BY THE 1ST RESPONDENT/DISTRICT||||
|||COLLECTOR||||
|ANNEXURE|A-7|TRUE COPY OF THE COMPLAINT DATED 21.06.2021||||
|||FILED BY THE PETITIONER BEFORE||THE|1ST|
|||RESPONDENT||||
|**EXTS.PRODUCED ALONG WITH COUNTER AFFIDAVIT DT.1.8.2022**||||||
|Exhibit R6(a)||TRUE COPY OF THE LETTER NO.HD 389/2007||||
|||A.E.E. ISSUED BY THE A. EX. ENGINEER (NH)||||
|||INFORMING THE REASON FOR REJECTED THE||||
|||APPLICATION SUBMITTED BY THE 5<br>TH<br>RESPONDENT.||||
|Exhibit R6(b)||TRUE COPY OF THE PLAN SUBMITTED BEFORE THE||||
|||DISTRICT COLLECTOR||||
|Exhibit R6(c)||TRUE COPY OF THE PROVISIONAL ACCESS||||
|||PERMISSION FOR CONSTRUCTION OF APPROACH|||ROAD|
|||ISSUED BY THE MoRTH AUTHORITIES BY LETTER||||
|||DATED 01.08.2019||||
|Exhibit R6(d)||TRUE COPY OF THE NOTIFICATION DATED||||
|||07.01.2020 ISSUED BY THE CENTRAL|POLLUTION|||
|||CONTROL BOARD.||||
|Exhibit R6(e)||TRUE COPY OF THE ORDER DATED 22.07.2019|||IN|
|||OA NO.31/2019 WITH OA NO.86/2019|ISSUED||BY|
|||THE HON'BLE NATIONAL GREEN TRIBUNAL.||||
|Exhibit R6(f)||TRUE COPY OF THE CIRCULAR DATED 24.02.2020||||
|||ISSUED BY THE KSPCB||||
|Exhibit R6(g)||TRUE COPY OF THE CIRCULAR DATED 18.08.2020||||
|||ISSUED BY THE KSPCB||||
|Exhibit R6(h)||TRUE COPY OF THE OFFICE MEMORANDUM FOR||||
|||CLARIFICATION OF CUT OF DATE DATED||||
|||29.01.2021 ISSUED BY CPCB||||
|Exhibit R6(i)||TRUE COPY OF THE REVISED CIRCULAR DATED||||
|||04.02.2021 ISSUED BY KSPCB||||
|Exhibit R6(j)||TRUE COPY OF THE INITIAL APPROVAL DATED||||
|||17.07.2020 ISSUED BY PETROLEUM &|EXPLOSIVE|||
|||SAFETY ORGANISATION (PESO)||||
|Exhibit R6(k)||TRUE COPY OF THE ADDENDUM GUIDELINES ISSUED||||
|||BY THE CPCB SUBSEQUENT TO ORDERS|IN|OA||
|||61/2019 (CZ) BY THE HON’BLE NATIONAL GREEN||||
|||TRIBUNAL||||
|Exhibit R6(l)||TRUE COPY OF THE ORDER DATED 28.07.2021|||IN|
|||OA NO.19/2021 ISSUED BY HON'BLE NATIONAL||||
WP(C)Nos.11517/2020 & con.cases 122 GREEN TRIBUNAL Exhibit R6(m) TRUE COPY OF THE PHOTOGRAPH SHOWING THE WATER BODY “CHAKKUVALLY CHIRA” Exhibit R6(n) TRUE COPY OF THE PHOTOGRAPH SHOWING THE RESTAURANT IN THE FRONT OF THE SITE OF THE PETROL PUMP
## **EXTS.PRODUCED ALONG WITH COUNTER AFFIDAVIT DT.1.10.2022**
|Exhibit R6(a)|TRUE COPY OF THE PLAN SUBMITTED BEFORE THE|TRUE COPY OF THE PLAN SUBMITTED BEFORE THE|TRUE COPY OF THE PLAN SUBMITTED BEFORE THE|TRUE COPY OF THE PLAN SUBMITTED BEFORE THE|
|---|---|---|---|---|
||DISTRICT COLLECTOR||||
|Exhibit R6(b)|TRUE COPY OF THE PROVISIONAL ACCESS||||
||PERMISSION|FOR CONSTRUCTION OF APPROACH||ROAD|
||ISSUED BY THE||MINISTRY OF ROAD TRANSPORT AND||
||HIGHWAYS AUTHORITIES BY LETTER DATED||||
||01.08.2019||||
|Exhibit R6(c)|TRUE COPY OF THE STOP MEMO ISSUED BY THE||||
||PANCHAYATH|BY|LETTER DATED 04.11.2020||
|Exhibit R6(d)|TRUE COPY OF THE NOTIFICATION DATED||||
||07.01.2020|ISSUED BY THE CENTRAL POLLUTION|||
||CONTROL BOARD||||
|Exhibit R6(e)|TRUE COPY OF THE TRUE COPY OF THE ORDER||||
||DATED 22.07.2019 IN OA NO.31/2019 WITH OA||||
||NO.86/2019|ISSUED BY THE HON’BLE NATIONAL|||
||GREEN TRIBUNAL||||
|Exhibit R6(f)|TRUE COPY OF THE CIRCULAR DATED 18.08.2020||||
||ISSUED BY KSPCB||||
|Exhibit R6(g)|TRUE COPY OF THE OFFICE MEMORANDUM FOR||||
||CLARIFICATION||DATED 29.01.2021 ISSUED BY||
||CPCB||||
|Exhibit R6(h)|TRUE COPY OF THE INITIAL APPROVAL DATED||||
||17.07.2020|ISSUED BY PETROLEUM & EXPLOSIVE|||
||SAFETY ORGANIZATION (PESO)||||
|Exhibit R6(i)|TRUE COPY OF THE ORDER DATED 28.07.2021|||IN|
||OA NO.19/2021||ISSUED BY HON’BLE NATIONAL||
||GREEN TRIBUNAL||||
|Exhibit R6(j)|TRUE COPY OF THE PHOTOGRAPH SHOWING||||
||RESTAURANT|IN|THE FRONT OF THE SITE OF THE||
||PETROL PUMP||||
WP(C)Nos.11517/2020 & con.cases 123
## **APPENDIX OF WP(C) 15087/2021**
|PETITIONER EXHIBITS||||||||||
|---|---|---|---|---|---|---|---|---|---|
|Exhibit P1|TRUE COPY OF THE|||JUDGMENT DATED|||16.4.2021|||
||IN|WP(C) NO.24471/2020.||||||||
|Exhibit P2|TRUE COPY OF THE|||BUILDING PERMIT DATED||||||
||6.5.2021 ISSUED BY THE RESPONDENT|||||||PANCHAYAT||
||TO|THE|1ST RESPONDENT.|||||||
|Exhibit P3|TRUE COPY OF THE|||PROCEEDINGS||DATED||||
||16.6.2021 OF THE|||DISTRICT COLLECTOR.||||||
|Exhibit P4|TRUE COPY OF THE|||NOTIFICATION DATED||||||
||7.1.2020 ISSUED BY THE CENTRAL POLLUTION|||||||||
||CONTROL BOARD.|||||||||
|Exhibit P5|TRUE COPY OF THE|||PLAN|SANCTIONED BY THE|||||
||RESPONDENT DISTRICT TOWN PLANNER UNDER|||||||||
||COVER OF LETTER DATED||||16.2.2021.|||||
|Exhibit P6|TRUE COPY OF THE|||PLAN|SHOWING THE|||FACTUAL||
||POSITIONS SUBMITTED TO DISTRICT||||||COLLECTOR|||
|EXHIBIT P7:-|TRUE|COPY OF DOCUMENT OF FAIR VALUE||||||SHOWING||
||RESIDENTIAL PLOT ISSUED||||BY THE|VILLAGE||||
||OFFICER,||PORUVAZHY.|||||||
|EXHIBIT P8:-|TRUE|COPY OF THE PROCEEDINGS ISSUED||||||BY THE||
||DISTRICT||COLLECTOR|||||||
|EXHIBIT P9:-|TRUE|COPY OF THE NOC ISSUED BY||||THE DISTRICT||||
||COLLECTOR|||||||||
|EXHIBIT P10:-|TRUE|COPY OF THE PLAN SUBMITTED BEFORE THE||||||||
||PANCHAYAT EARLIER WHICH||||WAS REJECTED|||||
|EXHIBIT P11.:-|TRUE|COPY OF THE PLAN SUBMITTED BEFORE THE||||||||
||PANCHAYAT FOR BUILDING PERMIT|||||||||
|EXHIBIT P12:-|TRUE|COPY OF THE PLAN SUBMITTED BEFORE THE||||||||
||NATIONAL||HIGHWAY AUTHORITIES|||||||
|EXHIBIT P13:-|TRUE|COPY OF THE DETAILS OF THE SCHEME||||||||
||PUBLISHED IN THE MATHRUBHUMI DAILY|||||||||
|EXHIBIT P14:-|TRUE|COPY OF THE ORDER FOR CONSENT TO||||||||
||ESTABLISH ISSUED BY STATE POLLUTION|||||||CONTROL||
||BOARD|||||||||
|EXHIBIT P15:-|TRUE|COPY OF THE LETTER|||ISSUED|BY|THE|||
||SECRETARY OF DISTRICT PANCHAYAT|||||||||
|EXHIBIT P16:-|TRUE|COPY OF THE||COMMUNICATION|||ISSUED||BY|
||PUBLIC INFORMATION OFFICER|||||OF||DISTRICT||
||PANCHAYAT OFFICE|||||||||
|Exhibit P17|PHOTOGRAPH OF THE WATER BODY|||||''CHAKKUVALLY||||
||CHIRA '' CONTAMINATED||||BY THE|PETROLEUM||||
|WP(C)Nos.<br>11517/2020|WP(C)Nos.<br>11517/2020|WP(C)Nos.<br>11517/2020|
|---|---|---|
|& con.cases||124|
|||PRODUCT|
|Exhibit|P17A|PHOTOGRAPH OF THE WATER BODY ''CHAKKUVALLY|
|||CHIRA'' CONTAMINATED BY THEH PETROLEUM|
|||PRODUCT|
|Exhibit|P18|TRUE COPY OF THE COMPLAINT DATED 15.11.2021|
|||SUBMITTED BEFORE STATION HOUSE OFFICER,|
|||SOORANAD POLICE STATION.|
|Exhibit|P19|THE PHOTOGRAPHS SHOWING THE CONDITION OF|
|||THE CHIRA PRIOR TO THE CONTAMINATION FROM|
|||THE PETROLEUM OUTLET.|
|Exhibit|P20|TRUE COPY OF THE INTERIM ORDER DATED|
|||23.4.2021 IN WPC NO-10637/2021|
|**EXT.PRODUCED ALONG WITH IA.1/22**|||
|Exhibit|P7|COPY OF THE PHOTOGRAPH SHOWING THE|
|||INAUGURAL FUNCTION OF THE PETROLEUM OUTLET|
## **EXT.PRODUCED ALONG WITH THE REPLY AFFIDAVIT.**
|**EXT.PRODUCED ALONG WITH THE REPLY AFFIDAVIT.**|**EXT.PRODUCED ALONG WITH THE REPLY AFFIDAVIT.**|
|---|---|
|EXT.P17: COPY OF SKETCH OF WATERBODY OBTAINED FROM THE VILLAGE||
||OFFICE, PORUVAZHY.|
|**RESPONDENTS' EXTS**<br>**:**||
|EXHIBIT R1(A):|<br>A TRUE COPY OF THE ORDER NO. RW/TRI/RETAIL|
||OUTLET/289/2019-20 DATED 01/08/2019 ISSUED BY|
||THE REGIONAL OFFICER, MINISTRY OF ROAD|
||TRANSPORT AND HIGHWAYS.|
|EXHIBIT R1(B):|<br>A TRUE COPY OF THE ORDER NO. M791546/2018|
||DATED 28/10/2019 ISSUED BY THE 4TH RESPONDENT|
|EXHIBIT R1(C):|<br>A TRUE COPY OF THE NOC ISSUED BY THE 4TH|
||RESPONDENT|
|EXHIBIT R1(D):|<br>TRUE COPY OF THE 'CONSENT TO ESTABLISH'|
||ISSUED BY THE KERALA STATE POLLUTION CONTROL|
||BOARD|
|EXHIBIT R1(E):|<br>A TRUE COPY OF THE COMMON JUDGMENT DATED|
||16/04/2021 IN WP(C) NO. 30037/2019 AND|
||CONNECTED CASES|
|EXHIBIT R1(F):|<br>A TRUE COPY OF THE SITE APPROVAL AND BUILDING|
||PERMIT DATED 06.05.2021 ISSUED BY THE 3RD|
||RESPONDENT|
|EXHIBIT R1(G):|<br>A TRUE COPY OF THE CONSENTNO.PCB/KO/ICO/F /|
||072/2022 ISSUED BY THE KERALA STATE POLLUTION|
||CONTROL BOARD DATED 02.03.2022|
|EXHIBIT R1(H):|<br>A TRUE COPY OF THE CERTIFICATE NO.B-117/2022|
||ISSUED BY THE REGIONAL FIRE|
||OFFICER,THIRUVANANTHAPURAM|
WP(C)Nos.11517/2020 & con.cases 125 EXHIBIT R1(I) THE PHOTOGRAPHS TAKEN ON 03.01.2022 INDICATING THE ORIGINAL LIE OF THE AREA COVERED UNDER EXHIBIT P17(A)PHOTOGRAPHS.
WP(C)Nos.11517/2020 & con.cases 126
## **APPENDIX OF WP(C) 26321/2021**
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 16.02.2021 ISSUED BY THE 8TH RESPONDENT. Exhibit P2 TRUE COPY OF THE OFFICE MEMORANDUM DATED 07.01.2020 ALONG WITH THE GUIDELINES ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD. Exhibit P3 TRUE COPY OF THE OFFICE MEMORANDUM DATED 29.01.2021 ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD.
Exhibit P4 TRUE COPY OF THE LETTER DATED 01.08.2019 ISSUED BY THE 6TH RESPONDENT GRANTING PERMISSION TO CONSTRUCT PETROLEUM RETAIL OUTLET. Exhibit P5 TRUE COPY OF THE PERMIT DATED 06.05.2021 ISSUED BY THE 9TH RESPONDENT. Exhibit P6 TRUE COPY OF THE INTERIM ORDER IN WPC NO.10367 OF 2021 DATED 23.04.2021. RESPONDENT ANNEXURES Annexure A1 TRUE COPY OF THE LETTER DATED 04/02/2022 OF THE 6TH RESPONDENT ADDRESSED TO THE 7TH RESPONDENT WITH COPY TO CENTRAL GOVERNMENT COUNSEL.
WP(C)Nos.11517/2020 & con.cases 127
## **APPENDIX OF WP(C) 12507/2021**
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE LETTER OF INTENT ISSUED BY THE 5TH RESPONDENT DATED 14.10.2019 Exhibit P2 COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRICT COLLECTOR DATED 27.1.21 Exhibit P3 COPY OF THE APPLICATION FOR CONSENT TO ESTABLISH DATED 21/1/21
Exhibit P4 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 7/1/20
Exhibit P5 COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DT.20.5.21
Exhibit P6 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 24/2/20
Exhibit P7 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 18/8/20 Exhibit P8 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 29/1/21
Exhibit P9 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 4/2/21
Exhibit P10 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 21/4/21
RESPONDENTS' EXTS:
EXT.R1(A) : TRUE COPY OF LETTER DT.11.11.2020 ISSUED BY THE 1ST RESPONDENT (CPCB)
WP(C)Nos.11517/2020 & con.cases 128
## **APPENDIX OF WP(C) 12525/2021**
PETITIONER EXHIBITS
Exhibit P1 COPY OF ADDENDUM TO LETTER OF INTEND DATED 15.6.2020. Exhibit P2 COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRICT COLLECTOR DATED 23.4.2021. Exhibit P3 COPY OF THE APPLICATION DATED 28.9.2020 BEFORE THE 2ND RESPONDENT. Exhibit P4 COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 1.01.2020. Exhibit P5 COPY OF THE OFFICE MEMORANDUM ISSUED BY THE 1ST RESPONDENT DATED 7.1.20. Exhibit P6 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT 24.2.20 Exhibit P7 COPY OF THE LETTER ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT DATED 04.03.2021. Exhibit P8 COPY OF THE JUDGMENT IN W.P.C NO. 8456/2021 Exhibit P9 COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 17.5.2021. Exhibit P10 COPY OF THE ORDER OF NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI IN O.A NO. 31 OF 2019 AND OA NO. 86/2019
Exhibit P11 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 18.8.20 Exhibit P12 COPY OF THE OFFICE MEMORANDUM ISSUED BY THE 1ST RESPONDENT DATED 29.1.21. Exhibit P13 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 4.2.2021. Exhibit P14 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 21.4.21. Exhibit P15 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 9.8.2004.
RESPONDENT EXHIBITS
- Exhibit R2(a) COPY OF THE RELEVANT PAGES OF THE CIRCULAR NO.PCB/T4/115/97 DATED 17/03/2017.
- Exhibit R2(b) COPY OF THE CIRCULAR O.PCB/HO/HOW/RULES 9/7/2019 DATED 21/04/2021.
- Exhibit R2(c) COPY OF THE ERRATUM NO.PCB/HO/HOW/RULES 9/07/2019
WP(C)Nos.11517/2020 & con.cases
129
DATED 28/05/2021 ISSUED BY THE BOARD.
## **APPENDIX OF WP(C) 17666/2021**
PETITIONER EXHIBITS
Exhibit P1 COPY OF LETTER OF INTEND DATED 14.10.2020 Exhibit P2 COPY OF THE APPLICATION FOR CONSENT TO ESTABLISH DATED 29.8.2021 Exhibit P3 COPY OF THE ORDER OF NATIONAL GREEN TRIBUNAL,M PRINCIPAL BENCH, NEW DELHI DATED 22.7.2019 Exhibit P4 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 7.1.20
- Exhibit P5 COPY OF LETTER ISSUED BY THE DHARMADAM PANCHAYAT DATED 3.12.2020
- Exhibit P6 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 24.2.20
- Exhibit P7 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 18.8.20
Exhibit P8 COPY OF THE OFFICIAL MEMORANDUM OF THE IST RESPONDENT DATED 29.1.21 Exhibit P9 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 4.2.21 Exhibit P10 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 21.4.2021
Exhibit P11 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 9.8.2004
RESPONDENTS' EXTS:
ANNEXURE R1(A): THE ADDENDUM AS PER THE OFFICE MEMORANDUM B- 13011/1/2019/20/AQM DT.16.8.2021.
WP(C)Nos.11517/2020 & con.cases 130
## **APPENDIX OF WP(C) 17717/2021**
PETITIONER EXHIBITS
Exhibit P1 COPY OF LETTER OF INTEND DATED 6-08-2020 Exhibit P2 COPY OF THE APPLICATION FOR CONSENT TO ESTABLISH DATED 26-07-2021
Exhibit P3 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 7-1-2020
Exhibit P4 COPY OF THE LETTER ISSUED BY THE MEPPAYYOOR GRAMA PANCHAYATH DT 28-07-2021
- Exhibit P5 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 24-2-2020
- Exhibit P6 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 18-08-2020
- Exhibit P7 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 29-1-2021.
- Exhibit P8 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 4-2-2021
Exhibit P9 COPY OF THE CIRCULAR ISSUED BY THE 29TH RESPONDENT ON 21-04-2021
Exhibit P10
COPY OF THE ORDER OF NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI DATED 22-07-2019
Exhibit P11 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 9-8-2004
## **RESPONDENTS' EXTS** :
ANNEXURE R1(A):
ADDENDUM AS PER THE OFFICE MEMORANDUM B- 13011/1/2019/20/AQM DT.16.8.21.
WP(C)Nos.11517/2020 & con.cases 131
## **APPENDIX OF WP(C) 17752/2021**
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE LETTER OF INTENT ISSUED BY THE 5TH RESPONDENT DATED 20.02.2020. Exhibit P2 COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRICT COLLECTOR, DATED 30.12.20. Exhibit P3 COPY OF THE APPLICATION FOR CONSENT TO ESTABLISH DATED 6/8/21. Exhibit P4 COPY OF THE ORDER OF NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI, DATED 22.07.2019. Exhibit P5 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 7/1/20. Exhibit P6 COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT 26.08.21. EXHIBIT P7 COPY OF THE CIRCULAR ISSUED BY TEH 2ND RESPONDENT ON 24.02.20. EXHIBIT P8 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 18/8/20. EXHIBIT P9 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 29/01/21. EXHIBIT P10 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 4/2/21. EXHIBIT P11 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 21.04.21. EXHIBIT P12 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 9/8/2004.
## **RESPONDENTS' EXTS:**
ANNEXURE R1(A): THE ADDENDUM AS PER THE OFFICE MEMORANDUM B- 13011/1/2019/20/AQM DT.16.8.2021.
WP(C)Nos.11517/2020 & con.cases 132
## **APPENDIX OF WP(C) 17758/2021**
PETITIONER EXHIBITS
Exhibit P1 COPY OF LETTER OF INTENT DATED 306.2020. Exhibit P2 COPY OF THE APPLICATION FOR CONSENT TO ESTABLISH DATED 6.8.21. Exhibit P3 COPY OF THE ORDER OF NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI, DATED 22.7.2019. Exhibit P4 COPY OF THE OFFICIAL MEMORANDUM OF THE IST RESPONDENT DATED 7.1.20.
Exhibit P5 COPY OF THE DECISION BY TEH URGATHARA GRAMA PANCHAYATH DATED 21.1.2021. Exhibit P6 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 24.2.2020. Exhibit P7 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 18.8.20. Exhibit P8 COPY OF THE OFFICIAL MEMORANDUM OF THE IST RESPONDENT DATED 29.1.21. Exhibit P9 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 4.2.21. Exhibit P10 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 21.4.21. Exhibit P11 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 9.8.2004.
## **RESPONDENTS' EXTS:**
ANNEXURE R1(A): THE ADDENDUM AS PER THE OFFICE MEMORANDUM B- 13011/1/2019/20/AQM DT.16.8.2021.
WP(C)Nos.11517/2020 & con.cases 133
## **APPENDIX OF WP(C) 17787/2021**
PETITIONER EXHIBITS
Exhibit P1 COPY OF LETTER OF INTENT DATED 13-3-2019 Exhibit P2 COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRICT COLLECTOR DATED 18-06-2021 Exhibit P3 COPY OF THE APPLICATION FOR CONSENT TO ESTABLISH DATED 16-07-2021 Exhibit P4 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 7-1-2020 Exhibit P5 COPY OF THE LETTER ISSUED BY MOOLIYAR GRAMA PANCHAYAT DATED 20-07-2021 Exhibit P6 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 24-2-2020 Exhibit P7 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 18-08-2020 Exhibit P8 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 29-1-2021 Exhibit P9 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 4-2-2021
Exhibit P10 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 21-04-2021
Exhibit P11 COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT 30-06-2021
WP(C)Nos.11517/2020 & con.cases 134
## **APPENDIX OF WP(C) 20105/2021**
## PETITIONER EXHIBITS
|Exhibit P1|COPY OF THE LETTER OF INTENT ISSUED BY THE|COPY OF THE LETTER OF INTENT ISSUED BY THE|5TH|
|---|---|---|---|
||RESPONDENT DATED|24/12/2019.||
|Exhibit P2|COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY|||
||THE DISTRICT COLLECTOR DATED 28/01/2020.|||
|Exhibit P3|COPY OF THE APPLICATION FOR CONSENT TO ESTABLISH|||
||DATED 13/09/2021.|||
|Exhibit P4|COPY OF THE ORDER OF NATIONAL GREEN TRIBUNAL,|||
||PRINCIPAL BENCH,|NEW DELHI, DATED 22/07/2019.||
|Exhibit P5|COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST|||
||RESPONDENT DATED|07/01/2020.||
|Exhibit P6|COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT|||
||ON 24/02/2020.|||
|Exhibit P7|COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT|||
||ON 18/08/2020.|||
|Exhibit P8|COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST|||
||RESPONDENT DATED|29/01/2021.||
|Exhibit P9|COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT|||
||ON 04/02/2021.|||
|Exhibit P10|COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT|||
||DATED 21/04/2021.|||
|Exhibit P11|COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT|||
||DATED 09/08/2004.|||
## **RESPONDENTS' EXTS:**
|EXT.R2(A):|<br>TRUE COPY OF CONSENT REFUSAL INTENTION NOTICE|
|---|---|
||NO.PCB/ESC/CTE-G21ESCE777827/21 DT.29.3.21 ISSUED|
||BY THE BOARD.|
|EXT.R2(B):|<br>TRUE COPY OF LETTER NO.PCB/HO/EE1/EKM-ESC/2021|
||DT.28.10.2021 ISSUED BY THE BOARD.|
|EXT.R2(C):|<br>TRUE COPY OF RELEVANT PAGES OF CIRCULAR|
||NO.PCB/T4/115/97 DT.17.3.17 ISSUED BY THE BOARD.|
|EXT.R2(D):|<br>TRUE COPY OF ERRATUM NOTIFICATION|
||NO.PCB/HO/HOW/RULES9/7/2019 DT.28.5.21 ISSUED BY|
||THE BOARD.|
|EXT.R2(E);|<br>TRUE COPY OF JUDGMENT DT.25.10.2021 IN APPEAL|
||NO.53 OF 2021 OF THE NGT, SOUTHERN ZONE, CHENNAI.|
WP(C)Nos.11517/2020 & con.cases
135
## **APPENDIX OF WP(C) 20113/2021**
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE LETTER OF INTENT ISSUED BY THE 5TH RESPONDENT DATED 21.03.2019. Exhibit P2 COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRICT COLLECTOR DATED 10.05.19. Exhibit P3 COPY OF THE APPLICATION FOR CONSENT TO ESTABLISH DATED 17.09.2021. Exhibit P4 COPY OF THE ORDER OF THIS NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI, DATED 22.07.2019. Exhibit P5 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 07.01.20. Exhibit P6 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 24.02.20. Exhibit P7 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 18.08.20. Exhibit P8 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 29.01.21. Exhibit P9 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 04.02.21. Exhibit P10 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 21.04.21. Exhibit P11 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 09.08.2004. Exhibit P12 COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE FIRE AND RESCUE SERVICES DEPARTMENT DATED 20.12.2019. RESPONDENTS' EXHIBITS EXT.R2(A) TRUE COPY OF THE RELEVANT PAGES OF THE CIRCULAR NO.PCB/T4/115/97 DATED 17.03.2017 EXT.R2(B) TRUE COPY OF THE ERRATUM NOTIFICATION NO.PCB/HO/HOW/RULES 9/7/2019 DATED 28.5.2021 EXT.R2(C) TRUE COPY OF THE JUDGMENT DTED 25.10.2021 IN APPEAL NO.53 OF 2021 OF THE HON'BLE NGT, SOUTHERN ZONE, CHENNAI
WP(C)Nos.11517/2020 & con.cases 136
## **APPENDIX OF WP(C) 25770/2021**
PETITIONER EXHIBITS Exhibit P1 COPY OF THE LETTER OF INTENT ISSUED BY THE 5TH RESPONDENT DATED 26.02.2019. Exhibit P2 COPY OF THE NO OBJECTION CERTIFICATE DATED 12.06.2020. Exhibit P3 COPY OF THE APPLICATION FOR CONSENT TO ESTABLISH DATED 5.10.21. Exhibit P4 COPY OF THE ORDER OF NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI, DATED 22.07.2019. Exhibit P5 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 7.1.2020 Exhibit P6 COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DT.4.11.2021. Exhibit P7 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 24.2.20 Exhibit P8 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 18.8.20. Exhibit P9 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 29.1.21. Exhibit P10 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 4.2.21. Exhibit P11 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 21.4.21. Exhibit P12 COPY OF THE INITIAL APPROVAL OF PESO DATED 19.11.2019.
WP(C)Nos.11517/2020 & con.cases
137
## **APPENDIX OF WP(C) 3350/2022**
PETITIONER EXHIBITS Exhibit P1 COPY OF LETTER OF APPOINTMENT DATED 31.05.2019. Exhibit P2 COPY OF THE APPLICATION FOR CONSENT TO ESTABLISH DATED 23.09.21. Exhibit P3 COPY OF THE ORDER OF THIS NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI, DATED 22.07.2019. Exhibit P4 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 7.1.20. Exhibit P5 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 24.2.20. Exhibit P6 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 18.8.20. Exhibit P7 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 29.01.21. Exhibit P8 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 4.2.21. Exhibit P9 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 21.4.21.
Exhibit P10 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 9/8/2004. Exhibit P11 COPY OF THE PESO INITIAL LICENSE DATED 29.10.2019.
WP(C)Nos.11517/2020 & con.cases
138
## **APPENDIX OF WP(C) 5963/2022**
PETITIONER EXHIBITS Exhibit P1 COPY OF LETTER OF INTENT DATED 13/1/2020 Exhibit P2 COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY DISTRICT COLLECTOR Exhibit P3 COPY OF THE APPLICATION FOR CONSENT TO ESTABLISH DATED 17/2/2022. Exhibit P4 COPY OF THE ORDER OF NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI, DATED 22.07.2019 Exhibit P5 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 7/1/2020 Exhibit P6 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 24/2/2010 Exhibit P7 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 18/8/20. Exhibit P8 COPY OF THE OFFICIAL MEMORANDUM OF THE 1ST RESPONDENT DATED 29.1.21 Exhibit P9 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT ON 4.2.21 Exhibit P10 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 21/4/21. Exhibit P11 COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 9/8/2004.
WP(C)Nos.11517/2020 & con.cases
139
## **APPENDIX OF WP(C) 6375/2022**
- PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 07.01.2022 PASSED BY THE 5TH RESPONDENT IN APPEAL NO.14 OF 2021.
- Exhibit P2 TRUE COPY OF THE APPEAL NO.14 OF 2021 FILED BEFORE THE 5TH RESPONDENT.
- Exhibit P3 TRUE COPY OF THE E-MAIL DATED 08.03.2019 RECEIVED FROM THE 6TH RESPONDENT.
- Exhibit P4 TRUE COPY OF THE ORDER DATED 05.02.2020 OF THE MUNSIFF COURT, KOLLAM IN I A NO.3410 OF 2019 IN OS NO.426 OF 2019.
- Exhibit P5 TRUE COPY OF LETTER DATED 05.10.2020 SENT BY THE 6TH RESPONDENT TO THE DISTRICT COLLECTOR.
- Exhibit P6 TRUE COPY OF THE DECISION OF THE PERAYAM GRAMA PANCHAYATH DATED 09.11.2020.
- Exhibit P7 TRUE COPY OF THE LETTER DATED 19.10.2020 SENT BY THE DISTRICT COLLECTOR.
- Exhibit P8 TRUE COPY OF THE ORDER DATED 03.02.2021 OF THE DISTRICT TOWN PLANNER, KOLLAM APPROVING THE LAYOUT FOR THE BUILDINGS AS WELL AS USAGE OF THE PROPERTY.
- Exhibit P9 TRUE COPY OF THE ONLINE INDUSTRY REGISTRATION DATED 02.12.2020.
- Exhibit P10 TRUE COPY OF THE REPORT DATED 21.12.2020 OF THE DISTRICT POLICE CHIEF, KOLLAM RURAL.
- Exhibit P11 TRUE COPY OF THE SANCTION DATED 05.01.2021 OBTAINED FROM THE FIRE AND RESCUE SERVICE DEPARTMENT.
- Exhibit P12 TRUE COPY OF THE NOTICE OF INTENTION TO REFUSE CONSENT TO ESTABLISH DATED 23.02.2021.
- Exhibit P13 TRUE COPY OF THE REFUSAL ORDER DATED 18.06.2021 ISSUED BY THE 4TH RESPONDENT.
- Exhibit P14 TRUE COPY OF CIRCULAR NO.PCB/HO/HOW/RULES 9/7/2019 DATED 24.02.2020 ISSUED BY THE 3RD RESPONDENT.
- Exhibit P15 TRUE COPY OF CIRCULAR NO.PCB/HO/HOW/RULES9/7/2019 DATED 18.08.2020 ISSUED BY THE 3RD RESPONDENT.
WP(C)Nos.11517/2020 & con.cases 140
## **APPENDIX OF WP(C) 1513/2022**
|PETITIONERS' EXHIBITS|||||||||
|---|---|---|---|---|---|---|---|---|
|Exhibit P1|THE TRUE PHOTOCOPY OF THE LETTER OF|||||INTENT|||
||ISSUED BY THE 9TH RESPONDENT IN||||FAVOUR OF||||
||THE PARTNERS OF THE 10TH RESPONDENT.||||||||
|Exhibit P2|THE TRUE PHOTOCOPY OF THE PRIOR||||APPROVAL||||
||INTIMATION NO. A/P/SE/KL/14/3780 (P453171),||||||||
||DATED 29.8.2019 TO THE 9TH RESPONDENT FROM||||||||
||THE DEPUTY CONTROLLER OF EXPLOSIVE (FOR||||||||
||JOINT CHIEF CONTROLLER OF EXPLOSIVES)||||||||
||CHANNAI.||||||||
|Exhibit P3|TRUE PHOTOCOPY OF THE APPLICATION FOR GRANT||||||||
||OF NOC FOR OUTLET SUBMITTED BY|||9TH|||||
||RESPONDENT DATED|6.5.2019 BEFORE THE|||||2ND||
||RESPONDENT.||||||||
|Exhibit P4|TRUE PHOTOCOPY OF THE REPORT OF||||THE|4TH|||
||RESPONDENT DATED|25.11.2019 TO||2ND|||||
||RESPONDENT DISTRICT COLLECTOR.||||||||
|Exhibit P5|TRUE PHOTOCOPY OF THE JUDGMENT|||PASSED BY||||THE|
||HONBLE HIGH COURT IN||WPC NO. 28473/2019.||||||
|Exhibit P6|TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED|||||||BY|
||THE 5TH RESPONDENT REGIONAL FIRE OFFICER,||||||||
||FIRE AND RESCUE DATED 2.12.2019.||||||||
|Exhibit P7|TRUE PHOTOCOPY OF THE REPORT SUBMITTED BY||||||||
||THE TAHSILDAR, KOCHI||DATED 2.12.2019.||||||
|Exhibit P8|TRUE PHOTOCOPY OF THE CONSENT TO ESTABLISH||||||||
||ISSUED TO THE 10TH RESPONDENT BY THE||||||8TH||
||RESPONDENT.||||||||
|Exhibit P9|TRUE PHOTOCOPY OF THE PROCEEDINGS OF||||||THE|3RD|
||RESPONDENT ADM, ERNAKULAM DATED||||3.2.2021.||||
|Exhibit P10|TRUE PHOTOCOPY OF THE OFFICE MEMORANDUM AND||||||||
||GUIDELINES FOR SETTING UP NEW PETROL||||||PUMP||
||DATED 7.1.2020 ISSUED BY CENTRAL POLLUTION||||||||
||CONTROL BOARD, DELHI.||||||||
|Exhibit P11|TRUE PHOTOCOPY OF THE CIRCULAR||||||||
||PCB/HO/HOW/RULES-89/7/2019 DATED 24.02.2020.||||||||
|Exhibit P12|TRUE PHOTOCOPY OF THE SITE PLAN||||PREPARED|||AND|
||SUBMITTED BEFORE|THE|8TH RESPONDENT|||FOR|||
||OBTAINING CONSENT TO||OPERATE BY||THE||||
||RESPONDENT NO.10.||||||||
|Exhibit P13|TRUE PHOTOCOPY OF THE REPRESENTATION||||||DATED||
||15.3.2021 SUBMITTED BY THE PETITIONERS||||||||
||BEFORE THE DISTRICT COLLECTOR,|||ERNAKULAM.|||||
WP(C)Nos.11517/2020 & con.cases 141 Exhibit P14
TRUE PHOTOCOPY OF THE HEARING NOTICE DATED 1.10.2021 FIXING THE DATE OF HEARING AS 4.10.2021 ISSUED BY THE 3RD RESPONDENT.
WP(C)Nos.11517/2020 & con.cases 142
## **APPENDIX OF WP(C) 1942/2022**
## PETITIONER EXHIBITS
|Exhibit P1|TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE|TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE|TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE|TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE|TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE|TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE|
|---|---|---|---|---|---|---|
||4TH RESPONDENT TO THE PETITIONER DATED 30-09-2019||||||
|Exhibit P2|TRUE COPY OF THE LETTER DATED 28-10-2019 ISSUED BY||||||
||THE 3RD RESPONDENT TO THE 1ST RESPONDENT||||||
|Exhibit P3|TRUE COPYOF THE|NO OBJECTION CERTIFICATE ISSUED BY|||||
||THE FIRE AND RESCUE SERVICES DATED 16-12-2019||||||
|Exhibit P4|TRUE COPY OF THE CONSENT LETTER||DATED||4-12-2019||
||ISSUED BY THE SECRETARY MANKARA||GRAMA||PANCHAYAT||
||ALONG WITH THE DECISION OF THE PANCHAYAT COMMITTEE||||||
||DATED 03-12-2019||||||
|Exhibit P5|TRUE COPY OF THE PETITIONER'S PARTNERSHIP DEED||||||
||DATED 07-03-2019||||||
|Exhibit P6|TRUE COPY OF THE ORDER BEARING NO||||||
||PCB/PLKD/ICE/16223747/2021 DATED 10-12-2021 ISSUED||||||
||BY THE 4TH RESPONDENT||||||
|Exhibit P7|TRUE COPY OF THE CIRCULAR BEARING NO||||||
||PCB/AQC/18/2004|DATED 09-08-2004 ISSUED BY THE||||4TH|
||RESPONDENT||||||
|Exhibit P8|TRUE COPY OF THE CIRCULAR BEARING NO|||PCB/T4/115/97|||
||DATED 17-03-2017 ISSUED BY THE 4TH RESPONDENT||||||
|Exhibit P9|TRUE COPY OF HE|CIRCULAR BEARING NO.|||||
||PCB/HO/HOW/RULES 9/7/2019 24-02-2020|||ISSUED BY||THE|
||4TH RESPONDENT||||||
|Exhibit P10|TRUE COPY OF THE CIRCULAR BEARING NO.||||||
||PCB/HO/HOW/RULES 9/7/2019 DATED||18-08-2020 ISSUED||||
||BY THE 4TH RESPONDENT||||||
|Exhibit P11|TRUE COPY OF THE CIRCULAR BEARING NO||||||
||PCB/HO/HOW/RULES 9/7/2019 DATED||21-04-2021 ISSUED||||
||BY THE 4TH RESPONDENT||||||
|Exhibit P12|TRUE COPY OF THE NOTICE BEARING||NO.||||
||DCPKD/15264/2019-D3 DATED 16-12-2021|||ISSUED BY||THE|
||1ST RESPONDENT||||||
|Exhibit P13|TRUE COPY OF THE WRITTEN EXPLANATION|||DATED 17-12-|||
||2021 SUBMITTED BY THE PETITIONER||||||
|Exhibit P14|TRUE COPY OF THE ORDER BEARING NO||||||
||DCPKD/15264/2019-D3 DATED 23-12-2021|||ISSUED BY||THE|
||2ND RESPONDENT||||||
WP(C)Nos.11517/2020 & con.cases 143
## **APPENDIX OF WP(C) 4498/2022**
PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE REPORT OF THE EXECUTIVE ENGINEER, PWD ROADS DIVISION DATED 20/9/2019. Exhibit P2 THE TRUE COPY OF THE REPORT OF THE DISTRICT SUPPLY OFFICER, CIVIL SUPPLIES DEPARTMENT DATED 3/10/2019. Exhibit P3 THE TRUE COPY OF THE REPORT OF THE TAHASILDAR, TALUK OFFICE, THIRUVANANTHAPURAM TO THE DISTRICT COLLECTOR THIRUVANANTHAPURAM DATED 24/08/2019.
Exhibit P4 COPY OF THE CIRCULAR DATED 24.02.2020 OF THE KERALA STATE POLLUTION CONTROL BOARD. Exhibit P5 THE TRUE COPY OF THE REPRESENTATION TO THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM DATED 31/1/2022.
EXHIBIT P6 COPY OF THE REPRESENTATION DATED 14.02.2022 FILED BEFORE THE 4TH RESPONDENT EXHIBIT P6(A) COPY OF THE RECEIPT DATED 14.02.2022 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT
WP(C)Nos.11517/2020 & con.cases 144
## **APPENDIX OF WP(C) 7185/2022**
|PETITIONER'S EXHIBITS|||
|---|---|---|
|Exhibit P1|TRUE COPY OF THE LETTER ISSUED BY THE INDIAN||
||OIL CORPORATION TO THE PETITIONER DATED||
||24.7.2007||
|Exhibit P2|TRUE COPY OF THE AGREEMENT FOR DEALER||
||CONTROLLED OUTLET EXECUTED BY THE PETITIONER||
||DATED|30.4.2007 IN FAVOUR OF THE RESPONDENTS|
|Exhibit P3|TRUE COPY OF THE LETTER DATED 3.2.2022||
||ISSUED BY THE 4TH RESPONDENT TO THE||
||PETITIONER'S HUSBAND ALONG WITH DETAILS||
||PERTAINING TO THE 5TH RESPONDENT'S PROPOSED||
||OUTLET||
|Exhibit P4|TRUE COPY OF THE CIRCULAR BEARING NO||
||PCB/HO/HOW/RULES 9/7/2019 DATED 24.2.2020||
|Exhibit P5|TRUE COPY OF THE COMPLAINT SUBMITTED BY||
||SHAMMI BEFORE THE 4TH RESPONDENT DATED||
||14.2.2022||
|Exhibit P5(A)|TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT||
||EVIDENCING RECEIPT OF THE COMPLAINT OF||
||SHAMMI BY THE 4TH RESPONDENT||
|Exhibit P6|TRUE COPY OF THE COMPLAINT SUBMITTED BY THE||
||PETITIONER BEFORE THE 4TH RESPONDENT DATED||
||10.2.2022||