High Court of KeralaDivision Bench2019-02-08Disposed with directions directing the PCB to p...

W.P.(C).Nos.9155/2007, 16795/2016, 18621/2016, 18622/2016, 19542/2016, 22116/2016, 22219/2016, 22714/2016, 23211/2016, 23272/2016, 23290/2016, 24051/2016, 24042/2016, 28063/2016, 30135/2016 and connected matters (Kerala High Court)

Case / Petition Number:W.P.(C).No.9155/2007; W.P.(C).No.16795/2016; W.P.(C).No.18621/2016; W.P.(C).No.18622/2016; W.P.(C).No.19542/2016; W.P.(C).No.22116/2016; W.P.(C).No.22219/2016; W.P.(C).No.22714/2016; W.P.(C).No.23211/2016; W.P.(C).No.23272/2016; W.P.(C).No.23290/2016; W.P.(C).No.24051/2016; W.P.(C).No.24042/2016; W.P.(C).No.28063/2016; W.P.(C).No.30135/2016; W.P.(C).Nos.576/2017; W.P.(C).Nos.35253/2017; W.P.(C).No.41065/2018

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: HRISHIKESH ROY
A.K.JAYASANKARAN NAMBIAR
Judgment Date: 2019-02-08
Court Decision / Holding: The court disposed the batch petitions by directing the Kerala State Pollution Control Board to consider renewal applications within six weeks from the date of receiving a copy of the judgment, treating renewals as new applications where appropriate, and to incorporate the Environmental Management Plan norms into consent orders. It held that units with valid consents must continue to operate only with strict adherence to prescribed conditions and pollution-control measures, and warned that failure to implement the Plan could result in cancellation of consent after due notice. The court also directed that the Supreme Court interim order dated 21.04.2014 should be treated as not operating beyond the date of this judgment, and ordered that fresh licenses to plywood/wood-based units be restricted pending disposal of the writ petitions. The Government was urged to implement the Environmental Management Plan within a six-month window.
Final Disposition: Disposed with directions directing the PCB to process renewals within six weeks, treat renewals as new where required, integrate the Environmental Management Plan into consent orders, and ensure compliance by units with valid consents; no fresh licenses to be issued pending disposal; the Supreme Court interim order to cease from the date of this judgment; and governmental action to implement the plan within six months if not already done.

Parties to the Case

Appellants / Petitioners

T.K.KURIEN
T.K.VARGHESE
SAJAN VARGHESE
BABU
REBY KURIAN
T.P.YACOB

Respondents

GOVERNMENT OF INDIA represented by the SECRETARY, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, NEW DELHI
STATE OF KERALA represented by CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
KERALA STATE POLLUTION CONTROL BOARD represented by ITS SECRETARY, PATTOM, THIRUVANANTHARAM, 695001
DISTRICT MEDICAL OFFICER, ERNAKULAM
VENGOLA GRAMA PANCHAYAT represented by ITS SECRETARY
KERALA STATE ELECTRICITY BOARD LTD represented by ITS ASSISTANT ENGINEER, ELECTRICAL SECTION, VENGOLA, PERUMBAVOOR

Legal Representation & Advocates

Counsels for Petitioners

• SRI.V.J.JOSEPH
• SMT.M.V.LIGI
• SRI.P.DEEPAK
• SRI.S.SREEKUMAR (SR.)
• SRI.PRAVEEN K.JOY
• SRI.T.A.JOY

Counsels for Respondents

• SRI.NAVEEN, SC, KERALA STATE POLLUTION CONTROL BOARD
• SRI.ZIRAJ KAROLI, SC, VENGOLA GRAMA PANCHAYATH
• SRI.C.A.NAVAS
• SRI.NAGARAJ NARAYANAN, SPL.GP (FOREST)
• SRI.T.NAVEEN, SC, KSPCB
• SRI.SUDHEER GANESH KUMAR R, SC, KSEB
• SRI.K.I.SAGEER
• SRI.P.M.NEELAKANDAN
• SRI.SIRAJ KAROLY
• SRI.SANDESH RAJA (Special Govt Pleader)

Case Synopsis & Summary

These batch writ petitions, heard together before a Division Bench of the Kerala High Court, challenge the interim directions of the Supreme Court and regulatory actions against plywood/wood-based units in Vengola Grama Panchayath, Ernakulam. The litigation dates back to 2007, centering on alleged pollution from plywood industries and on licensing/consent issues raised under the Kerala Land Utilisation Order and the Kerala Panchayat Raj framework. A key thrust is the Supreme Court’s 21.4.2014 directive that no fresh licenses should be issued to sawmills and wood-based industries until the main matter (W.P.(C).9155/2007) is finally decided. The Court reviews multiple orders, including the Central Empowered Committee reports and environmental management planning for Vengola Panchayat, aimed at balancing industrial activity with pollution control. The judgment disposes of the petitions by directing the Kerala State Pollution Control Board to determine renewal applications within six weeks, treating renewals as new applications where appropriate, and embedding ever-tightened norms and environmental safeguards in consent orders. It also directs that units with valid consents may continue subject to compliance, while emphasizing that failure to implement the Environmental Management Plan could lead to cancellation of consent. The Court further clarifies that the Supreme Court interim order shall cease to operate from the date of this judgment and that government action should implement the plan.

Provisions of Law Cited

Kerala Land Utilisation OrderKerala Panchayat Raj Act and Rules

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that plywood/wood-based units within Vengola Panchayat were causing environmental pollution and that licensing/renewal should be governed by a court-monitored Environmental Management Plan. They sought directions to the Pollution Control Board to process pending consent applications, treat renewals as new applications where necessary, and lift or modify interim directions restricting licenses, while ensuring due process and compliance with local regulations.

Contentions of Respondents

The respondents contended that ongoing units must comply with pollution control norms, renewals must be processed with strict adherence to statutory provisions, and that the Supreme Court’s interim orders and CEC recommendations should guide licencing, closing down unlicensed units, and the protection of public health and environment.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
T.N. Godavarman Thirumalpad v Union of India and Others	2002 (9) SCALE 81	Positive	Cited to justify forest-related regulatory controls and ongoing restrictions in the context of wood-based industries.
Civil Appeal No. 4858/2014 (SLP(C).NO.22856/2011)	SLP(C).NO.22856/2011	Positive	Cited Supreme Court order directing that no fresh licenses should be issued to wood-based units pending disposal of the matter; relied upon to frame interim and final directions.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY & THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **FRIDAY, THE 08TH DAY OF FEBRUARY 2019/19TH MAGHA, 1940** **W.P(C).No.9155 of 2007** ## **PETITIONERS:** - **1 T.K. KURIEN AGED 65 YEARS, S/O.KOCHUKURU, AGRICULTURIST, THURUTHIYIL HOUSE, ALLAPRA P.O., VIA.PERUMBAVOOR, ERNAKULAM DISTRICT, KERALA STATE.** - **2 T.K.VARGHESE AGED 70 YEARS, S/O.KOCHUKURU, AGRICULTURIST, THURUTHIYIL HOUSE, ALLAPRA P.O., VIA.PERUMBAVOOR, ERNAKULAM DISTRICT, KERALA STATE.** - **3 SAJAN VARGHESE AGED 50 YEARS, S/O.VARGHESE, AGRICULTURIST, THURUTHIYIL HOUSE, ALLAPRA P.O., VIA.PERUMBAVOOR, ERNAKULAM DISTRICT, KERALA STATE.** - **4 BABU AGED 58 YEARS, AGRICULTURIST, KANICHAYI HOUSE, ALLAPRA P.O., VIA.PERUMBAVOOR, ERNAKULAM DISTRICT, KERALA STATE.** - **5 REBY KURIAN AGED 32 YEARS, S/O.T.K.KURIAN, THURUTHIYIL HOUSE, ALLAPRA P.O., VIA.PERUMBAVOOR, ERNAKULAM DISTRICT, KERALA STATE.** - **6 T.P.YACOB AGED 45 YEARS, S/O.POULOSE, THURUTHIYIL HOUSE, ALLAPRA P.O., VIA.PERUMBAVOOR, ERNAKULAM DISTRICT, KERALA STATE. BY ADVS.SRI.V.J.JOSEPH SMT.M.V.LIGI** ## **RESPONDENTS:** - **1 GOVERNMENT OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF FORESTS & ENVIRONMENT, CENTRAL SECRETARIAT, NEW DELHI.** - **2 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.** - **3 KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM.** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 2 :** - **4 DISTRICT MEDICAL OFFICER ERNAKULAM.** - **5 VENGOLA GRAMA PANCHAYAT, VENGOLA P.O., REPRESENTED BY ITS SECRETARY.** - **6 K.P.ABOOBAKER, S/O.PAREED, KANAMPURAM HOUSE, VATTAKKATTUPADY, IRINGOLE P.O., VIA. PERUMBAVOOR.** - **7 P.K.ABOOBAKER S/O.KUNJEEN PILLAI, PARAYANKUDY HOUSE, PALLIPRAM KARA, MUDICAL P.O., MARAMPILLY VILLAGE.** - **8 ABDUL HAKKEEM S/O.ABOOBAKER, PARAYANKUDY HOUSE, PALLIPRAM KARA, MUDICAL P.O., MARAMPILLY VILLAGE.** - **9 T.M.RAZAK S/O.MOOSA, THELAMPURAM HOUSE, VENGOLA KARA, VENGOLA VILLAGE, ALLAPRA P.O.** - **10 C.P.ENIKUTTY S/O.PAREETH, CHIRAKKAKUDY HOUSE, ALLAPRA P.O.** - **11 C.M.IBRAHIM S/O.MEETHIAN, CHIRAKKAKUDY HOUSE, ALLAPRA P.O.** - **12 T.M.ABU S/O.MOOSA, THELAMPURAM HOUSE, ALLAPRA P.O.** - **13 C.H.ABOOBAKER CHIRAKKAKUDY HOUSE, ALLAPRA P.O.** - **14 K.E.YOUSUF KUTTIKKATTUKUDY HOUSE, VENGOLA KARA, VENGOLA VILLAGE, ALLAPRA P.O.** - **15 T.M.MAKKAR S/O.MOOSA, THELAMPURAM HOUSE, ALLAPRA P.O.** - **16 C.S.MOIDEEN KUNJU S/O.SULAIMAN, CHIRAKKAKUDY HOUSE, ALLAPRA P.O.** - **17 SHAHUL HAMEED S/O.ABDU, CHIRAKKAKUDY HOUSE, ALLAPRA P.O.** - **18 UMMER S/O.ABOOBAKER, VELLAKUDY HOUSE VENGOLA VILLAGE, ALLAPRA P.O.** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 3 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** |||**19**|**C.A.PAREETH**| |---|---|---|---| ||||**S/O.ENIKUTTY, CHIRAKKAKUDY HOUSE, VENGOLA VILLAGE,**| ||||**ALLAPRA P.O.**| |||**20**|**C.A.RASHEED**| ||||**S/O.ENIKUTTY, CHIRAKKAKUDY HOUSE, VENGOLA VILLAGE,**| ||||**ALLAPRA P.O.**| |||**21**|**T.M.ABDU**| ||||**S/O.MEETHIAN, CHIRAKKAKUDY HOUSE, ALLAPRA P.O.**| |**ADDL**||**22**|**KHADER PILLA**| |**RESPON**|||**AGED 35 YEARS,**| |**DENTS**|||**S/O.VEERAN, BUSINESS, THURUTHUMALIYIL HOUSE,**| |**22– 24** :|||**ALLAPRA KARA, VENGOLA VILLAGE.**| |||**23**|**SALIM**| ||||**AGED 30 YEARS,**| ||||**S/O.VEERAN, BUSINESS, THURUTHUMALIYIL HOUSE,**| ||||**ALLAPRA KARA, VENGOLA VILLAGE.**| |||**24**|**M.A.VEERANKUNJU**| ||||**AGED 65 YEARS,**| ||||**S/O.ABDUL RAHIMAN, MUKKADA HOUSE, PALLYPRAM KARA,**| ||||**MARAMPILLY VILLAGE.**| ||||**[ADDL. RESPONDENTS 22 TO 24 ARE IMPLEADED AS PER**| ||||**ORDER** **DATED** **18.3.2008** **IN** **I.A.NO.3818/2008**| ||||**IN W.P.(C).NO.9155/2007]**| |**ADDL**||**25**|**N.CHANDRAMOHANA KUMAR**| |**RESPON**|||**PROFESSOR, CHEMICAL OCEANOGRAPHIC LABORATORY COCHIN**| |**DENT**|||**UNIVERSITY OF SCIENCE & TECHNOLOGY, DEPARTMENT OF CHEMICAL**| |**25**|||**OCEANOGRAPHY SCHOOL OF MARINE SCIENCES,**| ||||**FINE ARTS AVENUE, COCHIN 16.**| ||||**[ADDL. RESPONDENT 25 IS IMPLEADED AS PER ORDER**| ||||**DATED** **3.4.2009** **IN** **I.A.NO.4678/2009**| ||||**IN W.P.(C).NO.9155/2007]**| |**ADDL**||**26**|**CHIEF CONSERVATOR OF FORESTS (SPECIAL AFFORESTATION),**| |**RESPON**|||**& CONVENOR, STATE LEVEL EMPOWERED COMMITTEE,**| |**DENTS**|||**FOREST HEADQUARTERS, VAZHUTHACAUD,**| |**26– 27** :|||**THIRUVANANTHAPURAM - 695 014.**| |||**27**|**DIVISIONAL FOREST OFFICER**| ||||**MALAYATTOOR DIVISION, KODANAD, PIN - 683 544.**| ||||**[ADDL. RESPONDENTS 26-27 ARE IMPLEADED AS PER ORDER**| ||||**DATED** **23.3.2011** **IN** **I.A.NO.5102/2011**| ||||**IN W.P.(C).NO.9155/2007]**| **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 4 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** |**ADDL**|**28**|**SAW MILL OWNERS & PLY WOOD MANUFACTURERS' ASSOCIATION**| |---|---|---| |**RESPON**||**REG.NO.ER3/66, CITY ESTATE, PERUMBAVOOR - 683 542,**| |**DENT**||**REPRESENTED BY ITS SECRETARY.**| |**28:**||| |||**[ADDL.RESPONDENT 28 IS IMPLEADED AS PER ORDER DATED**| |||**3.3.2016 IN I.A.NO.1804/2016 IN W.P.(C).NO.9155/2007]**| |**ADDL**|**29**|**MOHANAN**| |**RESPON**||**AGED 56 YEARS**| |**DENT**||**S/O.NARAYANAN, SECRETARY, SAW MILL OWNERS AND PLYWOOD**| |**29:**||**MANUFACTURING ASSOCIATION (SOPMA), VENGOLA MEGHALA,**| |||**ERNAKULAM DISTRICT.**| |||**[ADDL. RESPONDENT 29 IS IMPLEADED AS PER ORDER DATED**| |||**3.3.2016 IN I.A.NO.2406/2016 IN W.P.(C).NO.9155/2007]**| |**ADDL**|**30**|**M/S.SREE NARAYANANA WOOD INDUSTRIES**| |**RESPON**||**REPRESENTED BY ITS PROPRIETOR – SRI.T.G.SURESH,**| |**DENT**||**VALAYANCHIRANGARA, PERUMBAVOOR.**| |**30:**||| |||**[ADDL.R30 IS IMPLEADED AS PER ORDER DATED 20.12.2018**| |||**IN IA.NO.4/2018)**| |**ADDL**|**31**|**CHANDRIKA FURNITURE, REPRESENTED BY ITS PROPRIETOR**| |**RESPON**||**V.M.ASHRAF, S/O.V.K.MUHAMMED UNNI, AGED 45,**| |**DENTS**||**VELLAKKUDI HOUSE, KANDANTHARA, APPAPRA P.O.,**| |**31- 34:**||**PERUMBAVOOR, ERNAKULAM, PIN 683 556.**| ||**32.**|**CHANDRIKA SAW MILL AND INDUSTRIES, REPRESENTED**| |||**BY ITS PROPRIETOR V.M.ASHRAF, S/O.V.K.MUHAMMED UNNI,**| |||**AGED 45, VELLAKKUDI HOUSE, KANDANTHARA, APPAPRA P.O.,**| |||**PERUMBAVOOR, ERNAKULAM, PIN 683 556.**| ||**33.**|**VEMKAL WOOD AND METAL INDUSTRIES, REPRESENTED BY ITS**| |||**PROPRIETOR JOSEPH, S/O.SEBASTIAN, AGED 54,**| |||**VELLAMARUTHUNGAL HOUSE, KANDANTHARA, ALLAPRA P.O.,**| |||**PERUMBAVOOR, ERNAKULAM, PIN – 683 556.**| ||**34.**|**TAS VINEERS, REPRESENTED BY ITS PROPRIETOR NOORJAHAN,**| |||**W/O.T.M.ABU, AGED 40, THELAMBRAM HOUSE, KANDANTHARA,**| |||**ALLAPRA P.O., PERUMBAVOOR, ERNAKULAM, PIN – 683 556.**| |||**[ADDL.R31 TO R34 ARE IMPLEADED AS PER ORDER DATED**| |||**08.02.2019 IN IA.NO.6241/2016)**| |**ADDL** **RESPO** **NDENT** **35:**|**35.**|**KUNJUMUHAMMED.A.P** **PROPRIETOR – M/S.RAZLIN VENEER & PLYWOOD,** **AMBADAN HOUSE, VALLAM KARA, RAYONPURAM P.O.,** **CHELAMMATTOM VILLAGE – 683543.**| |||**[ADDL.R35 IS IMPLEADED AS PER ORDER DATED 08.02.2019**| |||**in IA.NO.1/2019)**| **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 5 :** **BY ADVS.SRI.RAJ KUMAR, ASG OF INDIA SRI.P.PARAMESWARAN NAIR,ASG OF INDIA SRI.P.THOMAS GEEVERGHESE SRI.TONY THOMAS (INCHIPARAMBIL) SMT.SREEKALA K.L., CGC SRI.ANOOP.V.NAIR SRI.K.A.JALEEL SRI.SUDHEER GANESH KUMAR, SC, KERALA STATE ELECTRICITY BOARD SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, SRI.DR.K.P.SATHEESAN (SR.) SRI.NAGARAJ NARAYANAN, SPECIAL GOVT. PLEADER [FORESTS] SRI.SANDESH RAJA, SPECIAL GOVT. PLEADER [FORESTS] MS.VARGHESE JACOB SMT.PINKU THALIYATH, ADVOCATE COMMISSION SHRI.PRADEEP KRISHNA CGC SMT.SREEKALA K.L. CGC SMT.SUMATHY DANDAPANI (SR.) SRI.ALEX VARGHESE CGC SRI.JELSON J.EDAMPADAM SRI.K.I.SAGEER SRI.K.M.NASARUDHEEN SRI.K.SUDHINKUMAR SRI. M.AJAY SC KERALA STATE POLLUTION CONTROL BOARD SRI.M.K.CHANDRAMOHAN DAS,SC, POLLUTION CONTROL BOARD SRI.P.B.KRISHNAN SRI.P.B.SUBRAMANYAN SRI.P.M.NEELAKANDAN SRI.P.MOHANDAS (ERNAKULAM) SRI.RENJITH THAMPAN (SR.) SRI.SABU GEORGE SRI.SIRAJ KAROLY, SC, VENGOLA GRAMA PANCHAYATH SRI.S.VIBHEESHANAN SRI.VIVEK VARGHESE P.J. SRI.S.SUBHASH CHAND, ADVOCATE COMMISSION** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2019, ALONG WITH W.P.(C).Nos.16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C).Nos.576 & 35253/2017 & W.P. (C).No.41065/2018, THE COURT ON 08.02.2019 DELIVERED THE FOLLOWING:** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 6 :** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY & THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **FRIDAY, THE 08TH DAY OF FEBRUARY 2019/19TH MAGHA, 1940** ## **W.P.(C).No.16795 OF 2016** ## **PETITIONER:** **V.M.MAJEED AGED 55 YEARS S/O. MUHAMMED UNNI, VELLAKUDY HOUSE, KANDANTHARA, ALLAPRA P.O., PERUMBAVOOR.** **BY ADV. SRI.P.DEEPAK** ## **RESPONDENTS:** |**1**|**VENGOLA GRAMA PANCHAYAT**| |---|---| ||**REPRESENTED BY ITS SECRETARY,**| ||**VENGOLA P.O.- 683554.**| |**2**|**KERALA STATE POLLUTION CONTROL BOARD**| ||**REPRESENTED BY THE EXECUTIVE ENGINEER,**| ||**DISTRICT OFFICE (ERNAKULAM-II), 1ST FLOOR,**| ||**MANNA RESIDENCY, M.C.ROAD, PERUMBAVOOR-683542.**| **BY SRI.ZIRAJ KAROLI, SC, VENGOLA GRAMA PANCHAYATH BY ADV.BY SRI.C.A.NAVAS BY ADV.SRI. T.NAVEEN, SC, KERALA STATE POLLUTION CONTROL BOARD** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2019, ALONG WITH W.P.(C).No.9155/2007, W.P.(C).Nos.18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C).Nos.576 & 35253/2017 & W.P.(C).No.41065/2018, THE COURT ON 08.02.2019 DELIVERED THE FOLLOWING:** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 7 :** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY & THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **FRIDAY, THE 08TH DAY OF FEBRUARY 2019/19TH MAGHA, 1940** ## **WP(C).No.18621 OF 2016** ## **PETITIONER:** **INDULEKHA SHAJI** **AGED 44, W/O.N.S.SHAJI, NELLICKAL HOUSE, VALAYANCHIRANGARA P.O., PROPRIETOR, M/S ATHUL PACKERS, VALAYANCHIRANGARA P.O, PERUMBAVOOR, ERNAKULAM** **BY ADVS.SRI.S.SREEKUMAR (SR.) SRI.PRAVEEN K. JOY SRI.T.A.JOY** ## **RESPONDENTS:** **1 KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, ERNAKULAM, REP. BY CHIEF ENVIRONMENTAL ENGINEER, PIN-682 541 2 THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN-682 541** **BY ADV. SRI.NAVEEN., SC, KERALA STATE POLLUTION CONTROL BOARD** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2019, ALONG WITH W.P.(C).No.9155/2007, W.P.(C).Nos.16795, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C).Nos.576 & 35253/2017 & W.P.(C).No.41065/2018, THE COURT ON 08.02.2019 DELIVERED THE FOLLOWING:** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 8 :** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY & THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 08TH DAY OF FEBRUARY 2019/19TH MAGHA, 1940 W.P(C).No.18622 OF 2016** ## **PETITIONER:** **N.S.SHAJI AGED 53, S/O.K.SHANKARAN NAIR, NELLICKAL HOUSE, VALAYANCHIRANGARA P.O., PROPRIETOR, M/S.NELLICAL TIMBER INDUSTRIES, VI/488, VALAYANCHIRANGARA P.O., PERUMBAVOOR,ERNAKULAM.** **BY ADVS.SRI.S.SREEKUMAR (SR.) SRI.PRAVEEN K. JOY SRI.T.A.JOY** ## **RESPONDENTS:** **1 KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, ERNAKULAM, REPRESENTED BY CHIEF ENVIRONMENTAL ENGINEER,682051. 2 THE ENVIRONMENTAL ENGINEER KERALA POLLUTION CONTROL BOARD, PERUMBAVOOR, ERNAKULAM DISTRICT, 682051. SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2019, ALONG WITH W.P.(C).NO.9155/2007, W.P.(C).Nos.16795, 18621, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C).Nos.576 & 35253/2017 & W.P. (C).No.41065/2018, THE COURT ON 08.02.2019 DELIVERED THE FOLLOWING:** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 9 :** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY & THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **FRIDAY, THE 08TH DAY OF FEBRUARY 2019/19TH MAGHA, 1940** **W.P(C).No.19542 OF 2016** ## **PETITIONER:** **PADMAVATHY BHASKARAN AGED 60 YEARS, W/O.BHASKARAN, ARACKAPADY, VENGOLA VILLAGE, ERNAKULAM DISTRICT, (PROPRIETOR) M/S.AYYAPPA INDUSTRIES.** **BY ADV. SRI.K.I.SAGEER** ## **RESPONDENTS:** |**1**|**VENGOLA GRAMA PANCHAYATH**| |---|---| ||**AGED 60 YEARS, REPRESENTED BY ITS SECRETARY, VENGOLA,**| ||**ERNAKULAM DISTRICT, PIN – 686554.**| |**2**|**THE SECRETARY**| ||**VENGOLA GRAMA PANCHAYATH, VENGOLA,**| ||**ERNAKULAM DISTRICT. PIN – 686554.**| |**3**|**THE MEMBER SECRETARY**| ||**THE KERALA STATE POLLUTION CONTROL BOARD,**| ||**PATTOM, THIRUVANANTHPAURAM. PIN – 695001.**| |**4**|**THE ENVIRONMENTAL OFFICER**| ||**THE DISTRICT OFFICE (ERNAKULAM-II),**| ||**THE KERALA STATE POLLUTION CONTROL BOARD,**| ||**PERUMBAVOOR, ERNAKULAM DISTRICT.PIN – 686554.**| |**5**|**THE PRINCIPAL SECRETARY TO THE GOVERNMENT**| ||**INDUSTRIES DEPARTMENT, THIRUVANANTHAPURAM. PIN – 695001.**| ||**BY ADVS.SRI.C.A.NAVAS**| ||**BY SRI.ZIRAJ KAROLI, SC, VENGOLA GRAMA PANCHAYATH**| ||**BY ADVS.SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL**| ||**BOARD**| ||**SMT.E.G.AMBILY**| **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 10 :** ## **SRI.C.J.SOLOMAN** **SRI.NAGARAJ NARAYANAN, SPL. GOVT. PLEADER (FOREST)** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2019, ALONG WITH W.P.(C).NO.9155/2007, W.P.(C).Nos.16795, 18621, 18622, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C).Nos.576 & 35253/2017 & W.P. (C).No.41065/2018, THE COURT ON 08.02.2019 DELIVERED THE FOLLOWING:** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 11 :** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY & THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **FRIDAY, THE 08TH DAY OF FEBRUARY 2019/19TH MAGHA, 1940** ## **W.P(C).No.22116 OF 2016** ## **PETITIONER:** **V.M.MAJEED AGED 55 YEARS S/O.MUHAMMED UNNI, VELLAKUDY HOUSE, KANDANATHARA, ALLAPRA P.O, PERUMBAVOOR. BY ADV. SRI.P.DEEPAK** ## **RESPONDENTS:** |**1**|**THE KERALA STATE ELECTRICITY BOARD**| |---|---| ||**AGED 55 YEARS, REPRESENTED BY THE SPECIAL OFFICER,**| ||**REVENUE, VYDHYUTHI BHAVANAM, THIRUVANANTHAPURAM-695001.**| |**2**|**THE ASSISTANT ENGINEER**| ||**ELECTRICAL SECTION, VENGOLA-683106.**| |**3**|**THE KERALA STATE REGULATORY COMMISSION**| ||**THIRUVANANTHAPURAM-695001.**| **BY ADV.SRI.SUDHEER GANESH KUMAR R., SC, KERALA STATE ELECTRICITY BOARD LIMITED BY ADV.SRI.B.PREMOD, SC, KERALA STATE ELECTRICITY BOARD LIMITED** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2019, ALONG WITH W.P.(C).NO.9155/2007, W.P.(C).Nos.16795, 18621, 18622, 19542, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C).Nos.576 & 35253/2017 & W.P.(C).No.41065/2018, THE COURT ON 08.02.2019 DELIVERED THE FOLLOWING:** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 12 :** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY & THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **FRIDAY, THE 08TH DAY OF FEBRUARY 2019/19TH MAGHA, 1940** ## **W.P(C).No.22219 OF 2016** ## **PETITIONER:** **V.M.ASHRAF S/O.V.K. MUHAMMEDUNNI, AGED 45, VELLAKKUDI HOUSE,KANDANTHARA, ALLAPRA P.O., PERUMBAVOOR, ERNAKULAM - 683 556.** **BY ADVS.SRI.P.B.KRISHNAN SRI.P.B.SUBRAMANYAN SRI.P.M.NEELAKANDAN SRI.SABU GEORGE SRI.S.NITHIN (ANCHAL)** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE CHIEF SECRETARY,**| ||**GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.**| |**2**|**THE KERALA STATE POLLUTION CONTROL**| ||**BOARD, REPRESENTED BY ITS SECRETARY,**| ||**PATTOM P.O., THIRUVANANTHAPURAM-695006.**| |**3**|**ENVIRONMENTAL ENGINEER**| ||**THE KERALA STATE POLLUTION CONTROL BOARD,**| ||**DISTRICT OFFICE, ERNAKULAM -2,**| ||**PERUMBAVOOR - 683 582.**| |**4**|**ASSISTANT ENGINEER**| ||**ELECTRICAL SECTION, KERALA STATE ELECTRICITY**| ||**BOARD,VENGOLA - 683 554.**| ||**BY ADVS.SMT.NAZEEBA.O.H., KERALA STATE ELECTRICITY BOARD**| ||**SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,**| ||**SRI.SUDHEER GANESH KUMAR R. SC KERALA STATE ELECTRICITY**| ||**SRI.NAGARAJ NARAYANAN, SPECIAL GOVT. PLEADER (FOREST)**| **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 13 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2019, ALONG WITH W.P.(C).NO.9155/2007, W.P.(C).Nos.16795, 18621, 18622, 19542, 22116, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C).Nos.576 & 35253/2017 & W.P. (C).No.41065/2018, THE COURT ON 08.02.2019 DELIVERED THE FOLLOWING:** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 14 :** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY & THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **FRIDAY, THE 08TH DAY OF FEBRUARY 2019/19TH MAGHA, 1940** **W.P(C).No.22714 OF 2016** ## **PETITIONER:** **M/S.IDEAL PLYWOODS REPRESENTED BY ITS PARTNER- SRI VI NOORJAHAN MOOTHEDAM HOUSE, PATHIPPALAM, ALLAPRA P.O, PERUMBAVOOR.** **BY ADVS.SRI.P.THOMAS GEEVERGHESE SRI.TONY THOMAS (INCHIPARAMBIL)** ## **RESPONDENTS:** **1 KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS CHAIRMAN, PATTOM P.O, THIRUVANANTHAPURAM 695 004. 2 ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE (ERNAKULAM-II), 1ST FLOOR, MANNA RESIDENCY, MC ROAD, PERUMBAVOOR 683 542. 3 VENGOLA GRAMA PANCHAYAT. REPRESENTED BY ITS SECRETARY, VENGOLA VILLAGE, KUNNATHUNADU TALUK 683 556. 4 KERALA STATE ELECTRICITY BOARD LTD REPRESENTED BY ITS ASSISTANT ENGINEER, ELECTRICAL SECTION, VENGOLA, PERUMBAVOOR 683 554. BY ADVS.SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, SRI.C.A.NAVAS BY SRI.ZIRAJ KAROLI, SC, VENGOLA GRAMA PANCHAYATH SMT.NAZEEBA.O.H. KERALA STATE ELECTRICITY BOARD** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 15 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **SRI.SUDHEER GANESH KUMAR R. SC KERALA STATE ELECTRICITY BOARD** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2019, ALONG WITH W.P.(C).NO.9155/2007, W.P.(C).Nos.16795, 18621, 18622, 19542, 22116, 22219, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C).Nos.576 & 35253/2017 & W.P. (C).No.41065/2018, THE COURT ON 08.02.2019 DELIVERED THE FOLLOWING:** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 16 :** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY & THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 08TH DAY OF FEBRUARY 2019/19TH MAGHA, 1940** **W.P(C).No.23211 OF 2016** ## **PETITIONER:** **M/S SUNDEK INDUSTRIES VENGOLA, VENGOLA VILLAGE, ERNAKULAM DISTRICT, REPRESENTED BY THE PROPRIETOR, MANOJ KUMAR, AGED 48 YEARS, S/O.PRABHAKARAN.** **BY ADV. SRI.K.I.SAGEER** ## **RESPONDENTS:** - **1 VENGOLA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, VENGOLA, ERNAKULAM DISTRICT, PIN-686554.** - **2 THE MEMBER SECRETARY THE KERALA STATE POLLUTION CONTROL BOARD, PATTOM, THIRUVANANTHAPURAM, PIN-695001** - **3 THE ENVIRONMENTAL OFFICER THE DISTRICT OFFICE, (ERNAKULAM-II), THE KERALA STATE POLLUTION CONTROL BOARD, PERUMBAVOOR,ERNAKULAM DISTRICT, PIN-686553.** - **4 THE ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS SPECIAL AFFORESTATION AND NODAL OFFICER, FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM PIN-695001.** - **5 THE DIVISIONAL FOREST OFFICER MALAYATOOR, ERNAKULAM DISTRICT, PIN-686586. BY SRI.ZIRAJ KAROLI, SC, VENGOLA GRAMA PANCHAYATH** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 17 :** **BY ADVS.SRI.C.A.NAVAS SRI.NAVEEN.T, SC, POLLUTION CONTROL BOARD SRI.NAGARAJ NARAYANAN, SPL. G.P. (FOREST) SRI.T.K.SASIKUMAR** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2019, ALONG WITH W.P.(C).NO.9155/2007, W.P.(C).Nos.16795, 18621, 18622, 19542, 22116, 22219, 22714, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C).Nos.576 & 35253/2017 & W.P. (C).No.41065/2018, THE COURT ON 08.02.2019 DELIVERED THE FOLLOWING:** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 18 :** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY & THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 08TH DAY OF FEBRUARY 2019/19TH MAGHA, 1940** **W.P(C).No.23272 OF 2016** ## **PETITIONER:** **M/S.KAROTHUKUDY PLYWOODS KANDANTHARA, VENGOLA, ERNAKULAM DIST. REP. BY THE PROPRIETOR, MOOSA, AGED 62 YEARS, S/O.LATE ABDUL AZEEZ.** **BY ADV. SRI.K.I.SAGEER** ## **RESPONDENTS:** **1 THE VENGOLA GRAMA PANCHAYATH REP. BY ITS SECRETARY,VENGOLA, ERNAKULAM DISTRICT, PIN - 686 554 2 THE SECRETARY VENGOLA GRAMA PANCHAYAT, REP BY THE SECRETARY, VENGOLA, ERNAKULAM DIST PIN- 686 554 3 THE PRINCIPAL SECRETARY TO THE GOVERNMENT INDUSTRIES (G) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001** **BY ADVS.SRI.ZIRAJ KAROLI, SC, VENGOLA GRAMA PANCHAYATH SRI.C.A.NAVAS SRI.P.A.SHAJI SAMAD BY SRI.NAGARAJ NARAYANAN, SPL. GOVT. PLEADER (FOREST)** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2019, ALONG WITH W.P.(C).NO.9155/2007, W.P.(C).Nos.16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C).Nos.576 & 35253/2017 & W.P. (C).No.41065/2018, THE COURT ON 08.02.2019 DELIVERED THE FOLLOWING:** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 19 :** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY & THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **FRIDAY, THE 08TH DAY OF FEBRUARY 2019/19TH MAGHA, 1940** ## **W.P(C).No.23290 OF 2016** ## **PETITIONER:** **M/S VRINDAVAN VENEERS KANDANTHARA, VENGOLA, ERNAKULAM DISTRICT, REPRESENTED BY THE PROPRIETOR, ASHRAF, AGED 38 YEARS, S/O.VEERAN.** **BY ADV. SRI.K.I.SAGEER** ## **RESPONDENTS:** **1 THE VENGOLA GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, VENGOLA, ERNAKULAM DISTRICT 686 554 2 THE SECRETARY VENGOLA GRAMA PANCHAYAT, VENGOLA, ERNAKULAM DISTRICT PIN 686 554 3 THE SECRETARY TO THE GOVERNMENT INDUSTRIES (G) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001** **BY ADVS.SRI.ZIRAJ KAROLI, SC, VENGOLA GRAMA PANCHAYATH SRI.C.A.NAVAS SRI.T.K.SASIKUMAR BY SRI.NAGARAJ NARAYANAN, SPL. GOVT. PLEADER (FOREST)** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2019, ALONG WITH W.P.(C).NO.9155/2007, W.P.(C).Nos.16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 24051, 24042, 28063 & 30135/2016, W.P.(C).Nos.576 & 35253/2017 & W.P. (C).No.41065/2018, THE COURT ON 08.02.2019 DELIVERED THE FOLLOWING:** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 20 :** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY & THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **FRIDAY, THE 08TH DAY OF FEBRUARY 2019/19TH MAGHA, 1940** **W.P(C).No.24051 OF 2016** ## **PETITIONER:** ## **MRS. SUBAIDA ASHRAF PROPRIETOR, M/S. ENJAKUDY WOOD NDUSTRIES, DHARSHANIPURAM, VALAYANCHIRANGARA,PERUMBAVOOR.** **BY ADVS.SRI.P.THOMAS GEEVERGHESE SRI.TONY THOMAS (INCHIPARAMBIL)** ## **RESPONDENTS:** - **1 KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS CHAIRMAN, PATTOM P.O., THIRUVANANTHAPURAM-695004.** **2 ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE (ERNAKULAM-II), IST FLOOR, MANNA RESIDENCY, M.C. ROAD, PERUMBAVOOR -683 542.** - **3 VENGOLA GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY,VENGOLA VILLAGE, KUNNATHUNADU TALUK - 683 556.** - **4 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** **BY ADVS.SRI. T.NAVEEN SC, POLLUTION CONTROL BOARD, SRI. C.A.NAVAS SRI.NAGARAJ NARAYANAN, SPL. GOVT. PLEADER (FOREST)** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2019, ALONG WITH W.P.(C).NO.9155/2007, W.P.(C).Nos.16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24042, 28063 & 30135/2016, W.P.(C).Nos.576 & 35253/2017 & W.P. (C).No.41065/2018, THE COURT ON 08.02.2019 DELIVERED THE FOLLOWING:** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 21 :** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY & THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **FRIDAY, THE 08TH DAY OF FEBRUARY 2019/19TH MAGHA, 1940 W.P(C).No.24042 OF 2016** ## **PETITIONER:** **E.P. ASHRAF AGED 42 YEARS PROPRIETOR - M/S.FATHIMA WOOD INDUSTRIES, ENJAKKUDY HOUSE, ALLAPARA P.O., PERUMBAVOOR.** **BY ADVS.SRI.P.THOMAS GEEVERGHESE SRI.TONY THOMAS (INCHIPARAMBIL)** ## **RESPONDENTS:** |**1**|**KERALA STATE POLLUTION CONTROL BOARD**| |---|---| ||**REPRESENTED BY ITS CHAIRMAN, PATTOM P.O.,**| ||**THIRUVANANTHAPURAM-695004.**| |**2**|**ENVIRONMENTAL ENGINEER**| ||**KERALA STATE POLLUTION CONTROL BOARD,**| ||**DISTRICT OFFICE (ERNAKULAM-II), 1ST FLOOR,**| ||**MANNA RESIDENCY, MC ROAD, PERUMBAVOOR-683542.**| |**3**|**VENGOLA GRAMA PANCHAYAT**| ||**REPRESENTED BY ITS SECRETARY, VENGOLA VILLAGE,**| ||**KUNNATHUNADU TALUK-683556.**| |**4**|**KERALA STATE ELECTRICITY BOARD LTD.**| ||**REPRESENTED BY ITS ASST. ENGINEER, ELECTRICAL SECTION,**| ||**VENGOLA, PERUMBAVOOR-683554.**| |**5**|**STATE OF KERALA**| ||**REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT**| ||**SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.**| ||**BY ADVS.SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL**| **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 22 :** **BOARD SRI.ZIRAJ KAROLI, SC, VENGOLA GRAMA PANCHAYATH SMT.E.G.AMBILY SRI.SUDHEER GANESH KUMAR R., SC, KERALA STATE ELECTRICITY BOARD SRI.C.A.NAVAS SRI.SUDHEER GANESH KUMAR R., SC, KERALA STATE ELECTRICITY BOARD SRI.T.K.SASIKUMAR** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2019, ALONG WITH W.P.(C).NO.9155/2007, W.P.(C).Nos.16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 28063 & 30135/2016, W.P.(C).Nos.576 & 35253/2017 & W.P. (C).No.41065/2018, THE COURT ON 08.02.2019 DELIVERED THE FOLLOWING:** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 23 :** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY & THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **FRIDAY, THE 08TH DAY OF FEBRUARY 2019/19TH MAGHA, 1940** **W.P(C).No.28063 OF 2016** ## **PETITIONER:** ## **M/S.IMPEX WOOD INDUSTRIES** **III/68K MINI INDUSTRIAL ESTATE, WEST VENGOLA P.O., ARACKAPPADY - 683 556, REP. BY ITS MANAGING PARTNER, E.K.KAREEM, AGED 55, S/O. KOCHU, RESIDING IN ELAVUMKUDY HOUSE, RAYONPURAM P.O., KANJIRAKKAD KARA, KUNNATHUNADU TALUK.** **BY ADVS.SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM SRI.N.RAJESH** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, INDUSTRIES (G) DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM - 695 001.** - **2 VENGOLA GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY,OFFICE OF THE VENGOLA GRAMA PANCHAYAT,VENGOLA P.O - 683 556.** - **3 ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, ERNAKULAM.** - **4 GENERAL MANAGER DISTRICT INDUSTRIES CENTRE, ERNAKULAM.** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 24 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **BY ADVS.SRI.T.NAVEEN, SC, POLLUTION CONTROL BOARD SRI.NAGARAJ NARAYANAN, SPL.GOVT.PLEADER (FOREST) SRI.ZIRAJ KAROLI, SC, VENGOLA GRAMA PANCHAYATH** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2019, ALONG WITH W.P.(C).NO.9155/2007, W.P.(C).Nos.16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042 & 30135/2016, W.P.(C).Nos.576 & 35253/2017 & W.P. (C).No.41065/2018, THE COURT ON 08.02.2019 DELIVERED THE FOLLOWING:** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 25 :** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY & THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **FRIDAY, THE 08TH DAY OF FEBRUARY 2019/19TH MAGHA, 1940** ## **WP(C).No.30135 of 2016** ## **PETITIONER:** **SINDHU SHAJI W/O.SHAJI, AGED 40 YEARS, PROPRIETRIX, M/S.NOBLE WOOD CRAFTS PERUMANI, VENGOLA P.O. PERUMBAVOOR, ERNAKULAM DISTRICT.** **BY ADVS.SRI.VIVEK VARGHESE P.J. SMT.JISEMOL THOMAS SRI.VARUGHESE M EASO** ## **RESPONDENTS:** **1 KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE (ERNAKULAM-II) PERUMBAVOOR-683542. 2 VENGOLA GRAMA PANCHAYATH VENGOLA, ERNAKULAM, REPRESENTED BY THE SECRETARY-683554. 3 K.S.E.B REPRESENTED BY THE ASST.ENGINEER, VALAYANCHIRANGARA-683556.** **BY ADVS.SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD SMT.NAZEEBA.O.H., KERALA STATE ELECTRICITY BOARD SRI.SUDHEER GANESH KUMAR R. SC, KERALA STATE ELECTRICITY BOARD SRI.ZIRAJ KAROLI, SC, VENGOLA GRAMA PANCHAYATH** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2019, ALONG WITH W.P.(C).NO.9155/2007, W.P.(C).Nos.16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042 & 28063/2016, W.P.(C).Nos.576 & 35253/2017 & W.P. (C).No.41065/2018, THE COURT ON 08.02.2019 DELIVERED THE FOLLOWING:** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 26 :** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY & THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **FRIDAY, THE 08TH DAY OF FEBRUARY 2019/19TH MAGHA, 1940** ## **W.P(C).No.576 of 2017** ## **PETITIONER:** **M.P.SANTHOSH, AGED 47, S/O PADMANABHAN, MANJEKKIL HOUSE, PERUMANI, VENGOLA P.O., PERUMBAVOOR, ERNAKULAM DISTRICT-683 556.** **BY ADV. SRI.SANIL JOSE** ## **RESPONDENTS:** |**1**|**UNION OF INDIA,**| |---|---| ||**REPRESENTED BY THE SECRETARY,**| ||**MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,**| ||**INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD,**| ||**NEW DELHI-110003.**| |**2**|**STATE OF KERALA,**| ||**REPRESENTED BY THE PRINCIPAL SECRETARY,**| ||**INDUSTRIES DEPARTMENT, THIRUVANANTHAPURAM-695001.**| |**3**|**KERALA STATE POLLUTION CONTROL BOARD,**| ||**REPRESENTED BY ITS MEMBER SECRETARY, PATTOM P.O.,**| ||**THIRUVANANTHAPURAM-695004.**| |**4**|**ENVIRONMENTAL ENGINEER,**| ||**KERALA STATE POLLUTION CONTROL BOARD,**| ||**DISTRICT OFFICE-II, PERUMBAVOOR,**| ||**ERNAKULAM DISTRICT-683556.**| |**5**|**CHIEF CONSERVATOR OF FORESTS (SPECIAL AFFORESTATION) AND**| ||**CONVENOR, STATE LEVEL EMPOWERED COMMITTEE,**| ||**FOREST HEADQUARTERS, VAZHUTHACAUD,**| ||**THIRUVANANTHAPURAM-14.**| |**6**|**DIVISIONAL FOREST OFFICER,**| **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 27 :** ## **MALAYATTOOR DIVISION, KODANAD-683544.** - **7 DISTRICT MEDICAL OFFICER, ERNAKULAM DISTRICT, MARINE DRIVE, ERNAKULAM-682011.** - **8 ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, VELLORKUNNAM, MOOVATTUPUZHA-683521.** - **9 DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, KOCHI-682030.** - **10 THE REVENUE DIVISIONAL OFFICER, OFFICE OF RDO, MUVATTUPUZHA-683521.** - **11 PERUMBAVOOR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PERUMBAVOOR-683556.** - **12 VENGOLA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE, VENGOLA, PERUMBAVOOR-683556.** - **13 VAZHAKULAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE, VAZHAKULAM-683107.** - **14 RAYAMANGALAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE, RAYAMANGALAM-683545.** - **15 KOOVAPPADY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE, KOOVAPPADY, PERUMBAVOOR-683556.** - **16 ASHAMANOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE, ASHAMANOOR, PERUMBAVOOR-683556.** - **17 MAZHUVANNOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE, MAZHUVANNOOR, PERUMBAVOOR-683556.** - **18 KIZHAKAMBALAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE, KIZHAKAMBALAM, PERUMBAVOOR-683556.** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 28 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** - **19 OKKAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE, OKKAL, PERUMBAVOOR-683556.** - **20 PAIPRA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE, PAIPRA-686669.** - **21 NELLIKUZHI GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE, NELLIKUZHI-686691.** - **22 KUNNATHUNAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE, KUNNATHUNAD, ERNAKULAM-683521.** - **23 VARAPETTYL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE, VARAPETTY-636674.** **BY ADVS.SRI.V RAKESH,CGC SRI.ZIRAJ KAROLI, SC, VENGOLA GRAMA PANCHAYATH SRI.C.A.NAVAS SRI.N.K.KARNIS SRI.P.A.AHAMMED SRI.R RANJITH SRI.M.B.SANDEEP, SC, VAZHAKULAM GRAMA PANCHAYAT, ALUVA, ERNAKULAM SRI.THOMAS GEORGE, SC, KIZHAKKAMBALAM GRAMA PANCHAYAT SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, SRI.ANOOP.V.NAIR SRI.C.A.NAVAS SRI.K.V.SOHAN STATE ATTORNEY SRI.N.K.KARNIS SRI.P.A.AHAMED,SC KERALA STATE ELECTRICITY BOARD LIMITED SRI.TONY THOMAS (INCHIPARAMBIL)** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2019, ALONG WITH W.P.(C).NO.9155/2007, W.P.(C).Nos.16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063/2016 & 30135/2016, W.P.(C).No.35253/2017 & W.P. (C).No.41065/2018, THE COURT ON 08.02.2019 DELIVERED THE FOLLOWING:** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 29 :** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY & THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 08TH DAY OF FEBRUARY 2019/19TH MAGHA, 1940** **W.P(C).No.35253 OF 2017** ## **PETITIONER:** **MANOJKUMAR S/O.PRABHAKARAN, AGED 48 YEARS,PROPRIETOR, M/S.SUNDEK INDUSTRIES,VENGOLA, ERNAKULAM DISTRICT. BY ADV. SRI.K.I.SAGEER** ## **RESPONDENTS:** **1 VENGOLA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY,PANCHAYATH OFFICE, VENGOLA P.O.,ERNAKULAM, PIN - 686 564. 2 SECRETARY VENGOLA GRAMA PANCHAYATH,PANCHAYATH OFFICE, VENGOLA P.O.,ERNAKULAM, PIN - 686 564. 3 THE ENVIRONMENTAL ENGINEER THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, ERNAKULAM-II, ERNAKULAM, PIN - 682 011.** **BY ADV.SRI.T.NAVEEN SC,** **KERALA STATE POLLUTION CONTROL BOARD BY SRI.ZIRAJ KAROLI, SC, VENGOLA GRAMA PANCHAYATH** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2019, ALONG WITH W.P.(C).NO.9155/2007, W.P.(C).Nos.16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063/2016 & 30135/2016, W.P.(C).No.576/2017 & W.P. (C).No.41065/2018, THE COURT ON 08.02.2019 DELIVERED THE FOLLOWING:** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 30 :** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY & THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 08TH DAY OF FEBRUARY 2019/19TH MAGHA, 1940** ## **W.P(C).No.41065 OF 2018** ## **PETITIONERS:** |**1**|**C.A. SULAIMAN**| |---|---| ||**AGED 75 YEARS**| ||**S/O.ABUBACKER, PROPRIETOR, GOLDEN WOOD INDUSTRIES,**| ||**ALLAPRA.P.O., KANDANTHARA, PERUMBAVOOR,**| ||**ERNAKULAM-683553.**| |**2**|**C P HASSAINAR**| ||**AGED 60 YEARS**| ||**S/O.PAREETH, PROPRIETOR, RANJINI TIMBER INDUSTRIES,**| ||**ORNA, ALLAPRA.P.O., KANDANTHARA, PERUMBAVOOR,**| ||**ERNAKULAM-683553.**| |**3**|**EESSAN C.K**| ||**AGED 45 YEARS**| ||**S/O.KOCHUKUNJU, PROPRIETOR, ADHIL INDUSTRIES,**| ||**ALLAPRA.P.O., KANDANTHARA, PERUMBAVOOR,**| ||**ERNAKULAM-683553.**| |**4**|**C K ABDUL KHADER,**| ||**AGED 61 YEARS**| ||**S/O.KUNJUMUHAMMED, PROPRIETOR, CHANGANCHERY VENEERS,**| ||**MUDICKAL.P.O., THANDEKAD, PERUMBAVOOR,**| ||**ERNAKULAM-683547.**| |**5**|**C.M IBRAHIM**| ||**AGED 60 YEARS**| ||**S/O.MYTHEEN, PROPRIETOR, VAJRA INDUSTRIES, ALLAPRA.P.O.,**| ||**KANDANTHARA, PERUMBAVOOR, ERNAKULAM-683556.**| **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 31 :** - **6 U H SHAFEER AGED 40 YEARS S/O.HAMZA, PROPRIETOR, NAFEESA WOOD PRODUCTS, ARAKKAPADY, VENGOLA.P.O., PERUMBAVOOR, ERNAKULAM-683556.** - **7 K M ABULIZE AGED 54 YEARS S/O.MEETHIAN PILLAI, PROPRIETOR, PALCO INDUSTRIES, ARAKKAPADY, VENGOLA.P.O., PERUMBVOOR, ERNAKULAM-683556.** - **8 P U MALIK AGED 42 YEARS S/O.P M UMMER, PROPRIETOR, RAHMATH INDUSTRIES, KANDANTHARA, ALLAPRA.P.O., PERUMBAVOOR, ERNAKULAM-683556.** - **9 A M ABDUL JALEEL AGED 34 YEARS S/O.A A MUHAMMED, PROPRIETOR, SIXER VENEERS, KANDANTHARA, ALLAPRA.P.O., PERUMBAVOOAR, ERNAKULAM-683556.** - **10 M M ERSHAD AGED 48 YEARS S/O.MAKKAR, PROPRIETOR, NESCO VENEERS, ALLAPRA.P.O., KANDANTHARA, PERUMBAVOOAR, ERNAKULAM-683553.** - **11 M V SALIM AGED 50 YEARS S/O.VEERAN, PROPRIETOR, VEERAN SAW MILL AND VENEERS, ALLAPRA.P.O., KANDANTHARA, PERUMBAVOOAR, ERNAKULAM-683553.** - **12 FAIZAL KHADER AGED 45 YEARS S/O.KHADER, PROPRIETOR, ALANGADAN PLYWOODS, ALLAPRA.P.O., KANDANTHARA, PERUMBAVOOAR, ERNAKULAM-683553.** - **13 T M MOIDEEN KUNJU, AGED 65 YEARS S/O.MOOSA MYTHEEN, PROPRIETOR, T.M.M.TIMBER INDUSTRIES, ASARIMUGHA, ALLAPRA.P.O., KANDANTHARA, PERUMBAVOOAR, ERNAKULAM-683556.** **14 P A ISMAIL AGED 47 YEARS S/O.ABDUL KHADER, PROPRIETOR, PALAKKA TIMBERS, WEST VENGOLA, PONJASSERY, PERUMBAVOOR-683556.** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 32 :** **BY ADVS.SRI.K.S.ARUN KUMAR SRI.GEORGE MECHERIL SRI.JUSTINE JACOB** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,**| ||**GOVERNMENT OF KERALA, SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695001.**| |**2**|**KERALA STATE POLLUTION CONTROL BOARD,**| ||**REPRESENTED BY ITS SECRETARY,**| ||**THIRUVANANTHAPURAM-695001.**| |**3**|**THE ENVIRONMENTAL ENGINEER,**| ||**KERALA STATE POLLUTION CONTROL BOARD,**| ||**PERUMBAVOOR DIVISION II, PERUMBAVOOR,**| ||**ERNAKULAM DISTRICT.**| ||**BY SRI.NAGARAJ NARAYANAN, SPL. GOVT. PLEADER (FOREST)**| ||**BY SRI.T.NAVEEN, SC, POLLUTION CONTROL BOARD**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2019, ALONG WITH W.P.(C).NO.9155/2007, W.P.(C).Nos.16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063/2016 & 30135/2016, W.P.(C).No.576/2017 & W.P. (C).No.35253/2017, THE COURT ON 08.02.2019 DELIVERED THE FOLLOWING:** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 33 :** **'C.R.'** ## **J U D G M E N T** ## **A.K. Jayasankaran Nambiar, J.** As all these writ petitions involve a common issue, they are taken up for consideration together and disposed by this common judgment. W.P.(C).No.9155/2007 is the lead case, and the other writ petitions have been filed by persons aggrieved by an interim order passed by the Supreme Court, in proceedings that emanated from W.P. (C).No.9155/2007, and in which a direction was issued by the Supreme Court on 21.4.2014 that no fresh licences should be issued to sawmills and wood based industries till such time as this Court finally decided the issue in W.P.(C).No.9155/2007. The last mentioned writ petition is one that is filed in the nature of a Public Interest Litigation, by a person residing in Vengola Panchayat, who is aggrieved by the functioning of plywood manufacturing units within the territorial limits of the said Panchayat. In his writ petition, the petitioner alleges that from 2002-03 onwards, paddy lands situated within the limits of the Vengola Panchayat were filled up and used for purposes other than paddy cultivation, by persons who had not obtained any permission for such alternate uses in terms of the Kerala Land Utilisation Order. It is also the contention of the petitioner that, very soon plywood manufacturing units **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 34 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** began to spring up in the locality, and the said units were using chemicals that were inherently harmful to human/plant life, and the effluents from the said units affected the water sources in the area. It is also his contention that smoke and ash emitted from the said units caused air pollution and, inasmuch as the said units were engaging migrant labourers in connection with their activities, there was a proliferation of such migrant labourers in the area, whose unhygienic living conditions resulted in concentration of human sewage waste in the locality. The prayer sought for in the writ petition is essentially for a direction to the regulatory authorities concerned, not to issue licences to plywood manufacturing units within the territorial limits of the Vengola Panchayat. ## **Litigation History:** As this writ petition has been pending before this Court from 2007 onwards, it would be beneficial to refer to the various orders passed by this Court and the Supreme Court, which would throw light on the course taken by this litigation thus far. By an order dated 19.3.2007, a direction was issued to the State Pollution Control Board to conduct an inspection in the locality and submit a report with regard to pollution of air and water by the units in question. The order passed by this Court made it clear that if pollution was found, or it was found that persons are carrying on operations without the necessary consents/licences, prohibitory orders **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 35 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** were also to be issued to such units. By way of abundant caution, this Court also directed that no further licence would be issued in respect of plywood industries until further orders. It would appear that pursuant to the said order of this Court, a report was in fact filed by the Pollution Control Board, and taking note of the same, this Court, by an order dated 27.3.2009, granted permission to the Pollution Control Board to renew the existing licences obtained by units if they were otherwise found entitled for such renewal, on merits. 2. It is seen from the pleadings that there was an issue with regard to some of the units functioning in the area without obtaining the necessary No Objection Certificates [NOC] from the Central Empowered Committee [CEC] constituted by the Supreme Court in the judgment in T.N.Godavarman Thirumalpad v. Union of India and Others – [2002 (9) SCALE 81], and by an order dated 28.6.2011, this Court directed the Government Pleader to get clarifications with regard to the difficulty faced by the units in obtaining NOC from the CEC. Thereafter, on getting the necessary clarification from the Government, by an order dated 30.6.2011, units that did not have the necessary NOC from the CEC were directed to be closed down forthwith, if need be, with the help of police authorities. Aggrieved by the said order, W.A.No.968/2011 was preferred at the instance of some of the units, and the said Writ Appeal came up **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 36 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** for consideration before a Division Bench which, by an order dated 15.7.2011, found that the interim order issued by the Supreme Court in the T.N.Godavarman Thirumalpad's case [supra] pertained only to forest timber, and was therefore inapplicable to plywood factories processing rubber wood, as opposed to forest timber. Based on the said distinction that was drawn, the Division Bench permitted the saw mills/plywood factories processing rubber wood to function, and Advocate Commissioners were appointed to report on the functioning of plywood factories in and around Perumbavoor, Kothamangalam and Muvattupuzha. The Division Bench also stayed the operation of the interim order dated 30.6.2011 of the learned Single Judge for a period of three weeks and directed the Writ Petitions to be posted before the learned Single Judge. 3. It would appear that the directions issued by the Division Bench on 15.7.2011, were impugned in a Special Leave Petition that was preferred before the Supreme Court. By its order dated 21.4.2014, the Supreme Court, while remanding the matter to the High Court, requested the High Court to take note of the CEC report dated 26.9.2013, and also directed that no fresh licences should be issued for sawmills and wood based industries till such time as the High Court decides the matter finally. The High Court was also requested to decide on the issue of stoppage of units referred to in the CEC's report aforementioned. Subsequent to the **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 37 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** remand from the Supreme Court, the matter came up before a Division Bench of this Court on 17.3.2016, when this Court referred to the CEC report dated 26.9.2013, and directed the Pollution Control Board to take steps to close down those units that were seen functioning without a licence/consent as per the applicable Statutes. This Court also issued directions with regard to preparation of a Comprehensive Environmental Management Plan for Vengola Grama Panchayat, and the State Government was directed to take action in the matter within three months, and report compliance. Thereafter, when it was noticed that sufficient steps had not been taken to close down the illegally functioning units, this Court, by a separate order dated 8.8.2016, directed the Government and the Pollution Control Board to take steps to close down units functioning without licence within 15 days. The Pollution Control Board was also directed to visit each unit functioning in the area to ascertain whether there was compliance with the pollution control measures suggested by the Board. 4. The Pollution Control Board, thereafter, took steps to implement the directions issued by this Court, and submitted a report indicating that, out of the 294 units operating in Vengola Grama Panchayat, only 228 had valid consents/licences. It was stated that closure notices had already been issued to 66 units that did not have any consent/licence, and **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 38 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** appropriate directions were issued to 11 industries, which had not closed down pursuant to earlier directions, to necessarily close down. Directions were also issued to the Kerala State Electricity Board to cut off the electric supply to such units. These facts were recorded in the order dated 14.10.2016 passed by this Court. Separate reports with regard to compliance with the closure orders were also called for from the District Collector, the Pollution Control Board and the Kerala State Electricity Board, by another order dated 11.11.2016 of this Court. 5. Thereafter, the matter came up before this Court on several occasions, where the orders passed by this Court indicate that a monitoring was done of the closure of the defaulting units and updated reports were called from the State Government/Pollution Control Board. The last order passed by this Court on 25.1.2019, reads as follows: “3. Out of the total of 291 wood based industries, which are stated to be functioning within the jurisdiction of the Vengola Grama Panchayat, the total number of units that had a valid consent is stated to have been 178, and 10 more units have since been granted consent during the pendency of the Writ Petition, taking the total number of units having consent to 188. It is pointed out that pursuant to the earlier order of this court, dated 17.3.2016, closure orders were issued to 66 units, and in addition to that another 32 units were directed to be closed pursuant to the orders of this court on 3.12.2018. One unit out of the 66 was granted a consent pursuant to the order of this court dated 3.12.2018. Thus, a total of 97 units (65+32) have now been closed pursuant to the issuance of closure orders against them. The learned counsel for the Pollution Control Board also makes a reference to three units, which are mentioned in Annexure R3(e) to his latest report, which had applied for renewal of consent before 1.12.2018. The said units are listed as follows: **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 39 :** |**Sl.** **No.**|**Name of industry**|**Name of owner &** **Address**|**Remarks**| |---|---|---|---| |1|Anugraha Timber Industries, Valiyakulam, Arackappady|N.A.Kareem|Application submitted on 26.6.18| |2|S.M.Traders Allapra P.O. Perumbavoor|K.A.Muhammed Kunnathu House Rayonpuram P.O.|Application submitted on 28.11.18| |3|Hikon Plywood Kandanthara Allapra P O|M.V.Pareeth|Application submitted on 28.11.18| 4. It is stated that the applications for renewal, preferred by these units, have not been considered till date, only on account of the wrong mention of units in the earlier order dated 3.12.2018. Taking note of the said submission, we deem it necessary to direct that the Board shall expeditiously consider the application for renewal submitted by the three units aforementioned for renewal of their consent. Over and above the said three units, the Board shall also consider the application for renewal submitted by the following 5 units, which are enumerated in Annexure R3(c) produced along with the latest report of the Pollution Control Board, namely, |**Industry name**|**Address of the occupier**|**Type of** **industry**|**Remarks**| |---|---|---|---| |Parackal Industries Kandanthara, Allapra.P. O|Sajeer P.A., Parackal (H), Kandanthara, Allapra P.O. Perumbavoor|veneer|Consent expired on 30.06.2015 - Applied for renewal on 26.3.2016| |Sunrise veneer, Vengola|Sajeed C.I. Chirackakkudy (H), Allapra P.O. Perumbavoor|Core veneer|Consent expired on 30.06.2015 - Applied for renewal on 04.05.2015| |Champion Plywood Industries, Vettikkattukunnu, Ponjassery|V.M.Assainar, Velakkudy House, Pallikkavala|Plywood|Consent expired on 30.06.2015 - Applied for renewal on 12.06.2015| |New Century Enterprises (Sai Namah), Allapra P.O.|Rasheeba Ashraf|Plywood, Veneer|Consent expired on 30.06.2015 - Applied for renewal on 12.06.2015| |Fathima Veneer|K.M.Siddik, Karothukudy, Kandanthara, Allapra.P.O. Perumbavoor|Core Veneer|Consent expired on 30.06.2015 - Applied for renewal on 23.05.2016| 5. Such consideration shall be in lieu of the 5 units mentioned in the directions issued in our earlier order with respect to units shown as listed under Annexure R3(b) in that order. **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 40 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** 6. It is also brought to our notice by the learned Standing Counsel for the Pollution Control Board that 3 units, out of the total number of units originally found to be carrying on wood based activities, have converted to non-wood based industries and hence their case will not come up for consideration in these proceedings. In other words, out of the total number of 291 wood based units identified within the jurisdiction of the Vengola Grama Panchayat, 188 units are functioning with valid consent, three have ceased to function as wood based industries, 8 units have consent renewal applications pending before the Board, and which have been directed to be considered on merits by the orders of this court, and the remaining 97 units have been closed pursuant to the orders passed by this court. 7. As the pleadings have already been completed in these batch of writ petitions, we deem it appropriate to post the batch of writ petitions for final hearing. Registry to list these batch of cases for final hearing in the next week.” ## 6. Since the units functioning without any valid consent have been closed down pursuant to closure orders issued to them by the State Pollution Control Board, what remains to be ensured now is that the units that are currently functioning are doing so by strictly adhering to the pollution control measures suggested by the Board. Towards this end, it would be necessary to refer to the Comprehensive Environment Management Plan prepared for the Vengola Panchayat by ABC Techno Labs India Private Limited, Chennai, at the instance of the State Pollution Control Board. The said agency was engaged by the Board pursuant to a selection made from among agencies having accreditation to the Quality Council of India/National Accreditation Board for Education and Training (NABET) as Environment Impact Assessment Consultants and approved list of consultants maintained by the Ministry of Environment Forest and **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 41 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** Climate Change, of the Government of India. The recommendations in the Plan have been accepted by the Board and the Plan was also forwarded to the State Government for its approval. We are informed by the learned Government Pleader, Sri. Nagaraj Narayanan that the State Government has also accorded in-principle approval to the said plan. The Environmental Management Plan suggested is as under: ## **ENVIRONMENTAL MANAGEMENT PLAN** ## **4.1 EXISTING SCENARIO** There are 294 industries in Vengola Grama Panchayat out of which 70 plywood industries are now in operation. Details of industries category wise are furnished in the **Annexure – 1.** Main raw material is rubber wood sourced within Kerala. Resin is a bought out item. Rubber wood cuttings arising out of sizing Trimmings of plywood, veneers cuttings are used as fuel for the boilers. 1. Plywood trimmings while using as fuel emit formaldehyde concentration. 2. Existing air pollution control devices are cyclone separator, settling tank (Scrubber) and a stack. 3. Resin containers are stored in open yard and after emptying the resin containers are washed and emptied resulting in leachate causing ground water contamination. 4. Flooring of the processing section area and internal roads are sources of dust emanation. 5. Wood dust generation during sanding and buffing are not extracted through efficient duct and hood system. 6. Scientifically designed Septic tank or soak pit as per CPHEEO is not provided. Open storm water drains are existing within premise of industrial area. 7. Most of the ply wood units are using cyclone separator, a tank filled with water to half of its capacity to control emission of particulate matter, VOC from boilers. ## **4.2 CARRYING CAPACITY OF VENGOLA GRAMA PANCHAYAT** Carrying capacity of Vengola Grama Panchayat was assessed based on the guidelines for computation of comprehensive environmental pollution Index (CEPI) issued by Central pollution control Board. Methodology for computation of CEPI furnished in the **Annexure-8** is based on the data for toxins, scale of industrial activities, concentration of pollutant, impact on people, impact on geological features, potentially affected people, level of exposure, risk to sensitive receptors and inadequacy of pollution control measures. Value of CEPI for each ward in Vengola Grama Panchayat is more or less around 35 which is less than the value of CEPI value 70 which is the maximum value as per CPCB. **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 42 :** ## **4.3 CONTROL MEASURES FOR EXISTING UNITS** The primary emissions from the manufacture of plywood include particulate matter (PM10), PM2.5 from log debarking, veneers section plywood trimming, sanding. Formaldehyde emissions also observed where plywood trimming is used as fuel in Boiler. Fuel combustion for heating system generates carbon monoxide (CO), carbon dioxide (CO2), Sulphur dioxide (SO2) Oxides of Nitrogen (NOx) and formaldehyde emissions besides fine particulate matter. 1. Dust emission from log debarking, plywood trimming, sanding/buffing can be removed effectively through cyclone separator, bag filter or appropriate technology and stack. 2. Fugitive emissions can be minimized through efficient exhaust ventilation system within the premise. 3. It is also recommended that all Block board manufacturing unit should utilize the trimming of plywood for manufacturing of Block Board within the unit or from other plywood industries. 4. Personal Protective Equipments may be made available to the workers and staff deployed in the sections of peeling, sectioning, sanding and trimming. 5. As the presence of formaldehyde is seen from boiler emission only when plywood edge cutting waste is being used, plywood trimmings should not be used as fuel for Boiler/TFH. 6. Urea Formaldehyde lack in water resistance of the hardened resin owing to the reversibility of the amino methylene link and hence the susceptible to hydrolysis. This need can be overcome by introducing other components like melamine to the UF resin molecules. The problem of subsequent formaldehyde emission can be considered as solved owing to the decrease of the content of formaldehyde in the resins. 7. Fugitive emissions from Glue spreading, hot pressing can be removed by providing hood and high capacity suction device and boifilter or Suitable Air pollution control devices. Necessary technical expertise should be availed from professionals for design and installation. 8. Distance between individual sections of industry should be wide enough and enough exhaust to remove dust particles. Distance between each industry be around 50m. 9. Most of the units have not provided any scientifically designed septic tank or soak pits for proper disposal of Septic tank effluent. Proper design of septic tank as per CPHEEO guidelines shall be provided to avoid ground water contamination. 10. Spillages from glue spreader area and vessel washing is now blended with dust, boiler ash and sent to TSDF for treatment and disposal and same practice shall be continued. 11. Covered Storm water drains within the premises are to be provided for collection of rainwater. 12. The flooring inside the factory premises shall be paved with cement or concrete to avoid leaching of organic contaminants from storage of timber, bark and saw dust. 13. All activities such as loading, unloading, log peeling, Wood Edge cutting, Plywood Trimmings, sanding / bluffing including wood and resin Storage (Urea Formaldehyde) shall be under covered environment with adequate ventilation. 14. If any spillage of resin occurs it should be collected and sent to TSDF. 15. Noise level can be minimized near peeling section by providing noise barriers like walls to about 12ft (4m) so that noise levels in the nearest residential area are within the limit of 55 dB (A). Peeling section shall be relocated 50m away from the boundary of the industrial unit towards process section area. 16. Ear protection for the workers should be provided. Covered shed with good **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 43 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** ventilation system will reduce noise levels. 17. Wood waste generated such as plywood trimmings shall be handed over to Block Board manufacturing Units. The practice of handing over of Plywood trimmings and hazardous wastes to TSDF shall be continued. 18. It is suggested that industrial Vacuum cleaner with a filter is recommended. ## **4.4 NORMS AND CONTROL MEASURES FOR NEW UNITS** 1. The distance between industries shall not be less than 50m*. Green belt to an extent 33% of area of proposed industrial site should be earmarked. 2. The minimum setback distance for Plywood industries shall be not less than 25m*. 3. Minimum Land requirement for setting up an industry would be around 0.6 Acres. 4. Adequate fire fighting equipment shall be provided. 5. Use of melamine formaldehyde / phenol formaldehyde shall be encouraged as these resins will emit low level concentration of formaldehyde. 6. Resin drums or containers should be stored on concrete platform to avoid leachate in to ground water. If any leakage occurs provision shall be made to collect in a concrete pit and the same may be used to blend with boiler ash and wood dust for further disposal into TSDF. Adequate air pollution control devices like cyclone separator, bag filter/biofilter and stack shall be provided or any appropriate equipment. 7. Industry should have an arrangement with block board Manufactures to utilise the ply wood trimmings. 8. Internal roads shall be either concrete roads or asphalted roads. * As per Sitting criteria for plywood industries of KSPCB vide PCB/T4/115/97 dated 20.-7-2011. ## **4.4.1 Setting of More New Industries** Setting of new industries may be considered if following provisions are available 1. Infrastructure Facilities like roads to meet traffic requirements. 2. Protected water supply and sewerage facilities shall be made. 3. Development of an exclusive industrial estate housing only plywood industries. 4. Plywood industries using Melamine formaldehyde/Phenol Formaldehyde shall be allowed as these resins emit low level of formaldehyde. 5. In any new industries, provision of Green belt to an extent of 33% should be earmarked. If the above conditions are ensured new plywood industries may be established. ## 7. In the light of the recommendations made in the Environmental Management Plan above, we are of the view that these writ petitions can now be disposed by directing that the units that have valid consents, as also those who have obtained or are yet to obtain, a renewal of consent, **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 44 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** pursuant to the directions issued by this Court to the Pollution Control Board, continue to function only in strict adherence to the conditions stipulated in the consent granted to them, and we do so. The Pollution Control Board shall also ensure that the norms and control measures suggested in the Environmental Management Plan for existing units, are also inserted to the extent applicable as conditions in the consent orders issued, or to be issued, to the various units, making it clear that those infrastructural and other requirements/measures envisaged in the Environmental Management Plan, if not already available in the existing units, should be put in place within the next six months. The units should be informed that if the additional requirements of infrastructure/machinery/measures, as envisaged by the Environmental Management Plan, are not put in place within the time granted, the consent granted to the unit will be cancelled after due notice to them. 8. As regards issuance of fresh consents to units that are to be set up in future, the State Pollution Control Board shall ensure that the additional norms and control measures specified in the Environmental Management Plan are available in the unit concerned, before granting a consent in accordance with the applicable statutory provisions. This shall also apply to those units, as have been granted consents for the first time after 21.04.2014, the date of the interim order of the Supreme Court that **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 45 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** directed that no fresh licence should be granted to plywood/wood based units pending disposal of this writ petition. 9. In as much as the aforementioned interim order of the Supreme court was to operate only till the disposal of this writ petition, we make it clear that in the event of a unit obtaining a consent or renewal thereof from the Pollution Control Board, based on the directions issued in this judgment, the other statutory authorities concerned such as the respective Local authorities, Forest department etc. shall process the applications, if any preferred by the units concerned, for licences under the respective statutes, based on the consent obtained by the unit from the Pollution Control Board. For the sake of clarity, and to enable the respective statutory authorities to consider the applications preferred by the units, the interdiction by the Supreme Court through its order dated 21.04.2014 shall be seen as not operating beyond the date of this judgment. We now turn to the other writ petitions and shall deal with each of them separately. ## **W.P.(C).No.16795/2016:** 10. The petitioner is stated to be running a 'veneer peeling' unit in the name and style of 'Al Ameen Plywood' at Kandanthara, within the **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 46 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** jurisdiction of the Vengola Grama Panchayat. It is stated that the unit has been registered with the Department of Industries and Commerce of the Government of Kerala as an S.S.I unit, and also has a D & O licence issued by the Panchayat. The petitioner is stated to have filed an application dated 9.5.2013 before the Pollution Control Board for consent to operate its unit. On certain defects being noted by the Pollution Control Board in the said application, the petitioner was directed to file a fresh application for consent to operate, after curing the defects pointed out by the Pollution Control Board. The petitioner is stated to have preferred a fresh application on 23.7.2014. In the writ petition, the petitioner impugns Ext.P12 notice dated 22.4.2016 that was served on him, requiring him to close down his unit for not having a valid consent to operate. The prayer of the writ petitioner is essentially for quashing the said notice [Ext.P12], and to direct the Pollution Control Board to issue a consent to operate, by acting on Ext.P7 application dated 23.7.2014 submitted by him. 10.2. The counter affidavit filed by the Pollution Control Board indicates that the Board has not considered the application for consent to operate solely on account of the order dated 21.4.2014 passed by the Supreme Court restraining the Board from issuing fresh licences to sawmills and wood based industries. **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 47 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** 10.3. In the light of the directions already issued to the Pollution Control Board, while dealing with W.P.(C).No.9155/2007, we dispose this writ petition, by directing the Pollution Control Board to consider the application for consent to operate, preferred by the writ petitioner, on the basis of the directions issued in this judgment. The case of the petitioner shall be treated as one involving an application for consent by a new unit, and orders shall be passed on the application for consent within a period of six weeks from the date of receipt of a copy of this judgment, if not already done. The continued operation of Ext.P12 closure notice would depend on the decision taken by the Pollution Control Board on the application for consent to operate submitted by the petitioner. ## **W.P.(C).No.18621/2016:** 11. The petitioner is stated to be running a small packing case production unit, which has obtained a registration as a 'S.S.I unit'. It is stated that the unit has also obtained a NOC from the Assistant Divisional Officer, Fire and Rescue Department, Ernakulam. The petitioner had submitted an application for consent to operate on 29.7.2014, and the prayer in the writ petition is for a direction to the Pollution Control Board to consider and pass orders on the said application, expeditiously. 11.2. In a statement filed on behalf of the Pollution Control Board, it is **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 48 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** indicated that the Board has not considered the application for consent to operate solely on account of the order dated 21.4.2014 passed by the Supreme Court, restraining the Board from issuing fresh licences to sawmills and wood based industries. 11.3. Under such circumstances, we feel it appropriate to dispose the writ petition with a direction to the Pollution Control Board to consider the application for consent to operate, by treating the case of the petitioner as a new unit seeking a consent to operate. The Board shall adhere to the directions issued in this judgment, while dealing with the application of the petitioner and passing orders within a period of six weeks from the date of receipt of a copy of this judgment, if not already done. ## **W.P.(C).No.18622/2016:** 12. The petitioner is stated to be running a packing case production unit, which has been functioning from 1984. Although the petitioner states that he has a S.S.I registration, and licence from the Department of Factories and Boilers, as also the requisite NOC from the Fire and Rescue Department, it does not have a valid consent to operate from the Pollution Control Board. It is stated that Ext.P8 application for consent to operate was submitted before the Pollution Control Board on 29.7.2014, but no orders have been passed on the said application by the Board. It is therefore that he has approached this Court with a prayer for a **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 49 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** direction to the Pollution Control Board to consider and pass orders on Ext.P8 application, expeditiously. 12.2. In a statement filed on behalf of the Pollution Control Board, it is indicated that the Board has not considered the application for consent to operate solely on account of the order dated 21.4.2014 passed by the Supreme Court, restraining the Board from issuing fresh licences to sawmills and wood based industries. 12.3. Under such circumstances, we feel it appropriate to dispose the writ petition with a direction to the Pollution Control Board to consider the application for consent to operate, by treating the case of the petitioner as a new unit seeking a consent to operate. The Board shall adhere to the directions issued in this judgment, while dealing with the application of the petitioner and passing orders within a period of six weeks from the date of receipt of a copy of this judgment, if not already done. ## **W.P.(C).No.19542/2016:** 13. The petitioner is stated to be running a sawmill under the name and style of “Sree Ayyappa Industries”. While the said unit is stated to have been registered as a S.S.I unit and also possessed D & O licence for various years, it was never granted a consent to operate by the Pollution Control Board. It is the **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 50 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** case of the petitioner that they had submitted an application for consent to operate as early as in 2011, but the said application was not considered by the Pollution Control Board. The petitioner has not produced a copy of the application for consent to operate along with the writ petition. In the writ petition, the petitioner impugns Ext.P12 closure notice issued by the Pollution Control Board to the unit on the ground that it does not have a valid consent to operate. 13.2. In the light of the directions in this judgment while disposing W.P. (C).No.9155/2007, we direct that, if the petitioner has preferred an application for consent to operate, the Pollution Control Board shall treat the application as one filed by a new unit seeking consent to operate, and dispose the same in accordance with the directions in this judgment, within a period of six weeks from the date of receipt of a copy of this judgment, if not already done. The continued operation of Ext.P12 closure notice would depend on the decision taken by the Pollution Control Board on the application for consent to operate submitted by the petitioner. ## **W.P.(C).No.22116/2016:** 14. The petitioner in this writ petition is also the petitioner in W.P. (C).No.16795/2016. In this writ petition, the petitioner is aggrieved by Ext.P3 notice issued to him by the Assistant Engineer, Electrical Section, Vengola, KSEB, by which, he was informed that electric supply to his unit would be disconnected **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 51 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** based on the instructions received from the Pollution Control Board, which found the petitioner's unit disentitled to continue in the absence of any consent to operate the unit. It is seen that the interim prayer of the petitioner, to stay the operation of Ext.P3 notice, was rejected by a learned Single Judge, and the said order was confirmed by a Division Bench in appeal. Thus, there is no electric connection to the petitioner's unit, as of now. 14.2. In the light of the directions given in this judgment with regard to the petitioner's unit in W.P.(C).No.16795/2016, we dispose this writ petition by clarifying that, in the event of the petitioner obtaining a fresh consent to operate in respect of his unit, pursuant to the directions in this judgment, it will be open to him to seek a re-connection of electric supply from the KSEB, and on an application filed by the petitioner for the said purpose, the competent among the respondents shall consider the same taking note of the consent, if any, obtained by the petitioner's unit from the Pollution Control Board. ## **W.P.(C).No.22219/2016:** 15. The petitioner is stated to be the proprietor of Chandrika Furniture and Chandrika Sawmill and Industries, both units functioning within the limits of the Vengola Grama Panchayat. It is the case of the petitioner that the units were operating with due licences under the Kerala Panchayat Raj Act as also the Department of Factories and Boilers. It is stated that the units also had NOC's **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 52 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** from the Fire and Rescue Services. In the writ petition, it is the case of the petitioner that Ext.P8 application for consent to operate the first unit was submitted to the 2[nd] respondent Pollution Control Board as early as on 28.3.2016, and a similar application was also submitted in respect of the sawmill and industries [Ext.P16]. The said applications however were not processed by the Pollution Control Board, and while so, the petitioner was served with Ext.P17 closure notice by the Pollution Control Board. Based on the said notice issued by the Pollution Control Board, the Kerala State Electricity Board also issued Exts.P20 and P21 notices proposing the disconnection of electric supply to the said units. In the writ petition, the petitioner impugns Exts.P17, P20 and P21, and seeks a direction to the Pollution Control Board to consider Exts.P8 and P16 applications for consent to operate the units of the petitioner. 15.2. In the light of the directions issued in W.P.(C).No.9155/2007, the writ petition is disposed directing the Pollution Control Board to consider and pass orders on Exts.P8 and P16 applications for consent to operate preferred by the petitioner, on merits, if not already done, taking note of the directions issued in this judgment, and by treating the applications as pertaining to a new unit, within a period of six weeks from the date of receipt of a copy of this judgment. It is made clear that the entitlement of the petitioner to a new electric connection as also the continued operation of Ext.P17 closure notice will depend upon the orders to be passed by the Pollution Control Board on the applications submitted by the **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 53 :** petitioner for consent to operate. ## **W.P.(C).No.22714/2016:** 16. The petitioner is a partnership firm engaged in the business of manufacturing and marketing of plywood, black board and veneer. It is the case of the petitioner that he had submitted an application for consent to operate before the Pollution Control Board on 1.8.2014 [Ext.P3], but the application was not processed by the Pollution Control Board. In the meanwhile, based on the directions issued from this Court, Exts.P8 and P9 closure notices were issued to the petitioner on the ground that he did not have a valid consent to operate the unit. 16.2. In the light of the directions issued in W.P.(C).No.9155/2007, the writ petition is disposed, directing the Pollution Control Board to consider and pass orders on Ext.P3 application for consent to operate preferred by the petitioner, on merits, if not already done, taking note of the directions issued in this judgment, and by treating the application as pertaining to a new unit, within a period of six weeks from the date of receipt of a copy of this judgment. The operation of Exts.P8 and P9 orders will depend upon the orders to be passed by the Pollution Control Board on Ext.P3 application submitted by the petitioner for consent to operate. **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 54 :** ## **W.P.(C).No.23211/2016:** 17. The petitioner is stated to be running a small scale industry from 1973 onwards, which was subsequently converted as a sawmill, and later as a plywood unit. It is stated that for establishing the plywood unit, consent to establish was issued by the Pollution Control Board in 2007 [Ext.P3]. It is the case of the petitioner that Ext.P10 application for renewal of consent to operate was submitted before the Pollution Control Board on 13.7.2015, but the application was not considered in view of the directions issued by the Supreme Court in connected writ petitions. It is stated that on account of the non-renewal of the consent by the Pollution Control Board, the other authorities such as the Forest authorities as also the Panchayat authorities, are refusing to renew the licences issued to the petitioner. It is under those circumstances that the petitioner seeks a direction to the Pollution Control Board to consider Ext.P10 application for renewal of consent to operate. 17.2. In the light of the directions issued in W.P.(C).No.9155/2007, the writ petition is disposed directing the Pollution Control Board to consider and pass orders on Ext.P10 application, on merits, if not already done, within a period of six weeks from the date of receipt of a copy of this judgment, by ascertaining whether the application is one for renewal of an earlier consent to operate already granted to the petitioner or it is an application seeking consent to operate for the first time. In the latter event, the application of the petitioner for consent to operate shall be **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 55 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** treated as one preferred by a new unit, and dealt with accordingly, based on the directions in this judgment. It is made clear that in the event of the petitioner obtaining a consent to operate or a renewal thereof, the Panchayat authorities as also the Forest authorities shall consider the application, if any, preferred by the petitioner for licences under the respective enactments based on the consent to operate received from the Pollution Control Board. ## **W.P.(C).No.23272/2016:** 18. The petitioner is stated to be the proprietor of M/s.Karothukudy Plywoods situated within the limits of Vengola Village. It is stated that the unit was registered as a small scale unit, and the petitioner had the necessary licences and NOC's from the Panchayat and Forest authorities to carry on his activity. It is further stated that the unit had obtained a consent to operate from the Pollution Control Board on 16.11.2012 [Ext.P11]. In the writ petition, it is the case of the petitioner that his application for licence before the Panchayat was not considered by the Panchayat authorities on the ground that the Supreme Court had directed that no fresh licence would be issued to wood based industries in Vengola Panchayat during the pendency of W.P.(C).No.9155/2007. Citing the absence of a valid licence, the petitioner was also served with Ext.P17 closure notice by the Industries Department of the Government of Kerala. 18.2. In the light of the directions issued in W.P.(C).No.9155/2007, the writ **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 56 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** petition is disposed directing the Pollution Control Board to consider and pass orders on any application, preferred by the petitioner, for renewal of the consent to operate the unit, if not already done, within a period of six weeks from the date of receipt of a copy of this judgment, by ascertaining whether the application filed by the petitioner is for renewal of an earlier consent to operate granted or is one for a fresh consent to operate. In the latter event, the application of the petitioner shall be treated a one preferred by a new unit, and dealt with accordingly, based on the directions in this judgment. On the petitioner obtaining a consent to operate from the Pollution Control Board, he may produce the same before the Panchayat authorities for getting the necessary licence to operate the unit. The continued operation of Ext.P17 notice would depend upon whether or not the petitioner obtains the necessary consent from the Pollution Control Board and other statutory licences from the respective statutory authorities for continuing with his activities. ## **W.P.(C).No.23290/2016:** 19. The petitioner is stated to be the proprietor of M/s.Vrindavan Veneers, engaged in the manufacturing of core veneer from rubber wood. It is stated that the unit had a consent to operate from the Pollution Control Board, and the said consent was renewed till 30.6.2018. In the writ petition, the petitioner is aggrieved by the denial of a D & O licence by the Panchayat, on the ground that the Supreme Court had, in a connected writ petition, restrained the Panchayat from granting fresh licence. **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 57 :** 19.2. In the light of the directions issued in W.P.(C).No.9155/2007, the writ petition is disposed directing the Pollution Control Board to consider and pass orders on any application for renewal of consent to operate preferred by the petitioner, on merits, if not already done, within a period of six weeks from the date of receipt of a copy of this judgment, taking note of the directions issued in this judgment. In the event of the petitioner obtaining renewal of the consent to operate, he shall produce the same before the Panchayat authorities, who shall consider the application for licence, on merits, in the light of the consent to operate so obtained from the Pollution Control Board. The continued operation of Ext.P14 notice will depend upon the outcome of the consideration of the petitioner's application for licence by the Panchayat. ## **W.P.(C).No.24051/2016:** 20. The petitioner is stated to be conducting a core veneer manufacturing unit at Vengola Grama Panchayat. It is stated that the petitioner had a valid consent to operate from the Pollution Control Board till 30.6.2015 [Ext.P3]. It is her case that although Ext.P7 revised application for renewal of consent to operate was submitted before the Pollution Control Board, the same has not been considered till date. In the writ petition, the petitioner seeks an earlier consideration of Ext.P7 revised application. **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 58 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** 20.2. In the light of the directions issued in W.P.(C).No.9155/2007, the writ petition is disposed directing the Pollution Control Board to consider and pass orders on Ext.P7 revised application for renewal of the consent to operate preferred by the petitioner, on merits, if not already done, within a period of six weeks from the date of receipt of a copy of this judgment, by treating the application as pertaining to an existing unit, for the purposes of implementing the directions in this judgment. ## **W.P.(C).No.24042/2016:** 21. The petitioner is stated to be conducting a wood packing case and core veneer manufacturing unit at Vengola Grama Panchayat. It is stated that the petitioner had a valid consent to operate from the Pollution Control Board till 30.6.2015 [Ext.P3]. In the writ petition, it is his case that notwithstanding his application [Ext.P4] submitted for renewal of the consent to operate, no orders have been passed on the same by the Pollution Control Board. In the meanwhile, the petitioner has also been served with Exts.P8 and P9 closure notices on the ground that he does not have a valid consent to operate. 21.2. In the light of the directions issued in W.P.(C).No.9155/2007, the writ petition is disposed directing the Pollution Control Board to consider and pass orders on Ext.P4 application for renewal of the consent to operate preferred by the petitioner, on merits, if not already done, by treating the application as pertaining **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 59 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** to an existing unit for the purposes of implementing the directions in this judgment, within a period of six weeks from the date of receipt of a copy of this judgment. The continued operation of Exts.P8 and P9 closure notices will depend upon the decision to be taken by the Pollution Control Board on the application for renewal of consent submitted by the petitioner. ## **W.P.(C).No.28063/2016:** 22. The petitioner is a partnership firm conducting a plywood manufacturing unit in the Mini Industrial Estate at Vengola. It is the case of the petitioner that the unit has a valid consent to operate, which is renewed till 3.6.2018 [Ext.P3]. The petitioner is also stated to have a licence from the Department of Factories and Boilers as also a licence from the Divisional Forest Officer valid till 19.3.2017. It is the case of the petitioner that while he seriously disputes the stand of the Panchayat authorities that he would require D & O licence for carrying on his activities, he had, in order to avoid any confrontation with the Panchayat, submitted Ext.P11 application for D & O licence before the Panchayat authorities. While no action was taken on the said application, the petitioner was served with Ext.P10 notice by the Industrial Department, directing it to close down the unit on the ground that it did not have a valid licence from the Panchayat. 22.2. In the light of the directions issued in W.P.(C).No.9155/2007, the writ petition is disposed directing the Pollution Control Board to consider and pass **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 60 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** orders on the application for renewal of consent to operate preferred by the petitioner, on merits, if not already done, by treating the application as pertaining to an existing unit, for the purposes of implementing the directions in this judgment, within a period of six weeks from the date of receipt of a copy of this judgment. In the event of the petitioner obtaining a renewal of the consent to operate, he shall produce the same before the Panchayat authorities, who shall consider the same for the issuance of a licence to the petitioner in accordance with the provisions of the Kerala Panchayat Raj Act and Rules. The continued operation of Ext.P10 notice will depend upon the decision of the Panchayat on the application for licence submitted by the petitioner. ## **W.P.(C).No.30135/2016:** 23. The petitioner is stated to be running a micro industrial unit manufacturing wooden door frames, wooden window frames, wooden door in the name and style of “Noble Wood Crafts”. It is the case of the petitioner that she had a valid licence issued by the respondent Panchayat, and while she had applied to the Pollution Control Board for a consent to operate through an application dated 28.7.2014 [Ext.P6], the said consent to operate was not granted. In the meanwhile, the petitioner also received a closure notice [Ext.P8] from the Pollution Control Board and also a letter from the Kerala State Electricity Board threatening disconnection of electric supply to the unit on the ground that she did not have a valid consent to operate. **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 61 :** 23.2. In the light of the directions issued in W.P.(C).No.9155/2007, the writ petition is disposed directing the Pollution Control Board to consider and pass orders on Ext.P6 application for the consent to operate preferred by the petitioner, on merits, if not already done, by treating the application as one preferred by a new unit, within a period of six weeks from the date of receipt of a copy of this judgment. In the event of the petitioner obtaining the consent to operate from the Pollution Control Board, she may utilise the same for obtaining the other statutory licences and apply for a fresh electric connection to the KSEB. The continued operation of Ext.P8 communication will depend upon the outcome of the decision of the Pollution Control Board on the application preferred by the petitioner for consent to operate. ## **W.P.(C).No.576/2017:** 24. The prayer sought for in this writ petition being identical in nature to the prayers in W.P.(C).No.9155/2007, but pertaining to various Panchayats other than the Vengola Grama Panchayat also. We find that inasmuch as the reliance placed by the petitioner, to fortify his contentions in the writ petition, are on the order passed by the Supreme Court in proceedings arising from W.P. (C).No.9155/2007, the directions already issued by this Court in the said writ petition shall govern this case also, to the extent it pertains to Vengola Grama Panchayat. The grievance of the petitioner with regard to the unauthorised **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 62 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** operation of units, within the territorial limits of other Panchayats, is left open to be considered as and when a writ petition is preferred bringing to the notice of this Court specific instances of violation by units within the territorial limits of the respective Panchayats. On account of the vague pleadings in the writ petition, no relief can be granted against units other than the units operating in Vengola Grama Panchayat, which is the subject matter of W.P.(C).No.9155/2007. ## **W.P.(C).No.35253/2017:** 25. The petitioner is stated to be running a plywood unit in the name and style of 'M/s.Sundek Industries' within the jurisdiction of the Vengola Grama Panchayat. It is the case of the petitioner that the unit obtained a consent to establish and operate in the year 2007, and on the expiry of the said consent, the petitioner had submitted Ext.P2 application dated 13.7.2015 before the Pollution Control Board for renewal of the consent to operate. In the writ petition, the petitioner seeks a direction to the Pollution Control Board to consider and pass orders on Ext.P2 application, expeditiously, so that the petitioner can use the same for obtaining the statutory licences under other enactments. 25.2. In the light of the directions issued in W.P.(C).No.9155/2007, the writ petition is disposed directing the Pollution Control Board to consider and pass orders on Ext.P2 application, if not already done, within a period of six weeks from the date of receipt of a copy of this judgment, by ascertaining whether the **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 63 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** application is one for renewal of an earlier consent to operate already granted to the petitioner or it is an application seeking consent to operate for the first time. In the latter event, the application of the petitioner for consent to operate shall be treated as one preferred by a new unit, and dealt with accordingly, based on the directions in this judgment. ## **W.P.(C).No.41065/2018:** 26. The petitioners are stated to be proprietors of plywood and core veneer small scale industries situated at Vengola Grama Panchayat. It is the case of the petitioners that they have valid consents to operate from the Pollution Control Board as evidenced by Exts.P1 to P13 and P28. It is stated that thereafter applications had been preferred for renewal of the consent to operate as evidenced by Exts.P14 to P26 and Ext.P29 receipts. The prayer in the writ petition is for a direction to the Pollution Control Board to consider and pass orders on the renewal applications, evidenced by Exts.P14 to P26 and P29. 26.2. In the light of the directions issued in W.P.(C).No.9155/2007, the writ petition is disposed directing the Pollution Control Board to consider and pass orders on Exts.P14 to P26 and P29 applications, if not already done, within a period of six weeks from the date of receipt of a copy of this judgment, in accordance with the directions issued in this judgment. The Board shall ascertain whether the initial consent to operate to the petitioners units was granted after 21.4.2014, and **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 64 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** if so, the consent granted to the petitioners units shall be treated as consent granted to new units, and the directions in this judgment applied accordingly while disposing the applications for renewal of consent to operate submitted by the petitioners. **Sd/HRISHIKESH ROY CHIEF JUSTICE** **Sd/A.K.JAYASANKARAN NAMBIAR JUDGE** prp/ **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 65 :** ## **APPENDIX OF W.P(C).NO.9155/2007** ## **PETITIONER'S EXHIBITS:** |**EXT.P1**|**TRUE COPY OF THE REPRESENTATION DATED**| |---|---| ||**12.1.2007.**| |**EXT.P2**|**TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD**| ||**RECEIVED FROM THE 1ST RESPONDENT.**| |**EXT.P3**|**TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD**| ||**RECEIVED FROM THE 2ND RESPONDENT.**| |**EXT.P4**|**TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD**| ||**RECEIVED FROM THE 4TH RESPONDENT.**| |**EXT.P5**|**TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD**| ||**RECEIVED FROM THE 5TH RESPONDENT.**| |**EXT.P6**|**TRUE COPY OF THE POSTAL RECEIPT FOR SENDING**| ||**TO THE 3RD RESPONDENT.**| |**EXT.P7**|**TRUE COPY OF THE REPORT NO.WA(P) 928/06-07**| ||**DATED 3.2.2007 GIVEN BY THE WATER ANALYST,**| ||**REGIONAL ANALYTICAL LABORATORY, KAKKANADU**| ||**SHOWING RESULTS OF THE BACTERIOLOGICAL**| ||**ANALYSIS.**| |**EXT.P8**|**TRUE COPY OF THE REPORT NO.WA(P) 928/06-07**| ||**DATED 3.2.2007 GIVEN BY THE WATER ANALYST,**| ||**REGIONAL ANALYTICAL LABORATORY, KAKKANADU**| ||**SHOWING RESULTS OF THE CHEMICAL ANALYSIS.**| |**EXT.P9 SERIES**|**5 PHOTOGRAPHS SHOWING DISCHARGE OF SMOKE.**| |**EXT.P10 SERIES**|**3 PHOTOGRAPHS SHOWING PROGRESS OF THE**| ||**CONSTRUCTION OF THE BUILDING.**| |**EXT.17**|**COPY OF THE MINUTES OF THE MEETING.**| |**EXT.P18**|**COPY OF THE JUDGMENT DATED 19.12.2003**| ||**CONTEMPT PROCEEDINGS TAKEN BY THE HON'BLE**| ||**SUPREME COURT FOR VIOLATING THE ABOVE SAID**| ||**JUDGMENT DATED 30.12.2002.**| |**EXT.P19**|**COPY OF CIRCULAR NO.FC-3-4502/2005 DATED**| ||**27.6.2008 ISSUED BY THE CHIEF FOREST**| **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 66 :** ||**CONSERVATOR (SPECIAL AFFORESTATION & NODAL**| |---|---| ||**OFFICER),** **FOREST** **HEADQUARTERS,**| ||**THIRUVANANTHAPURAM.**| |**EXT.P20**|**COPY OF THE COMMON JUDGMENT DATED 20.1.2010**| ||**PASSED BY THIS HON'BLE COURT IN W.P.**| ||**(C).NO.25, 26 AND 27 OF 2010.**| |**EXT.P21**|**COPY OF THE JUDGMENT DATED 10.2.2010 PASSED**| ||**BY THE DIVISION BENCH OF THIS HON'BLE COURT**| ||**IN W.A.NO.721/2008.**| |**EXT.P22**|**COPY OF THE JUDGMENT DATED 13.8.2007 PASSED**| ||**BY THE HON'BLE HIGH COURT OF MADRAS IN**| ||**W.P.NO.24226/2007 AND M.P.NO.1 AND 2 OF**| ||**2007.**| |**EXT.P23**|**COPY OF THE JUDGMENT DATED 3.11.2009 OF A**| ||**DIVISION BENCH OF THE HON'BLE HIGH COURT OF**| ||**MADRAS IN W.P.NO.12992/2009.**| |**EXT.P24**|**COPY OF G.O.(P).NO.44/92/FOREST DATED**| ||**11.11.1992 ISSUED BY THE FOREST WILD LIFE**| ||**DEPARTMENT, GOVERNMENT OF KERALA.**| |**EXT.P25**|**COPY OF G.O.(P).NO.53/99/FOREST DATED**| ||**16.7.1998 ISSUED BY THE FOREST WILD LIFE**| ||**DEPARTMENT, GOVERNMENT OF KERALA.**| |**EXT.P26**|**COPY OF G.O.(P).NO.93/99/FOREST DATED**| ||**15.11.1999 ISSUED BY THE FOREST WILD LIFE**| ||**DEPARTMENT, GOVERNMENT OF KERALA.**| |**RESPONDENTS EXHIBITS:**|| |**EXT.R9(A)**|**TRUE COPY OF CONSENT ISSUED BY THE 3RD**| ||**RESPONDENT.**| |**EXT.R9(B)**|**TRUE COPY OF NOTICE DATED 24-2-2006 ISSUED**| ||**BY THE 3RD RESPONDENT TO THE 9TH RESPONDENT.**| |**EXT.R9(C)**|**TRUE COPY OF “NO OBJECTION CERTIFICATE”**| ||**ISSUED BY THE DIVISIONAL FOREST OFFICE,**| ||**MALAYATTOOR.**| |**EXT.R9(D)**|**TRUE COPY OF LICENCE ISSUED BY THE LOCAL**| ||**AUTHORITY.**| **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 67 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** |**EXT.R9(E)**|**TRUE COPY OF “NO OBJECTION CERTIFICATE”**| |---|---| ||**ISSUED BY THE DIVISIONAL FOREST OFFICE,**| ||**MALAYATTOOR.**| |**EXT.R9(F)**|**TRUE COPY OF CONSENT ISSUED BY THE 3RD**| ||**RESPONDENT.**| |**EXT.R9(G)**|**TRUE COPY OF CONSENT ISSUED BY THE 3RD**| ||**RESPONDENT.**| |**EXT.R9(H)**|**TRUE COPY OF CONSENT ISSUED BY POLLUTION**| ||**CONTROL BOARD.**| |**EXT.R9(I)**|**TRUE COPY OF CONSENT ISSUED BY POLLUTION**| ||**CONTROL BOARD.**| |**EXT.R9(J)**|**TRUE COPY OF LICENCE ISSUED BY LOCAL**| ||**AUTHORITY.**| |**EXT.R9(K)**|**TRUE COPY OF “NO OBJECTION CERTIFICATE”**| ||**ISSUED FROM FOREST DEPARTMENT.**| |**EXT.R9(L)**|**TRUE COPY OF DOCUMENT NO.1745 OF 1995.**| |**EXT.R9(M)**|**TRUE COPY OF DOCUMENT NO.648 OF 1993.**| |**EXT.R9(N)**|**TRUE COPY OF DOCUMENT NO.1467 OF 1996.**| |**EXT.R9(O)**|**TRUE COPY OF DOCUMENT NO.1745 OF 1995.**| |**EXT.R9(P)**|**TRUE COPY OF LETTER DATED 21.12.2007 ISSUED**| ||**BY CHIEF FOREST CONSERVATOR.**| |**EXT.R9(Q)**|**TRUE COPY OF NOC ISSUED BY STATE LEVEL**| ||**COMMITTEE IN THE NAME OF C.A.PAREETH.**| |**EXT.R9(R)**|**TRUE COPY OF CONSENT DATED 19.01.2007 ISSUED**| ||**BY DFO TO THE C.M.IBRAHIM.**| |**EXT.R9(S)**|**TRUE COPY OF NOC DATED 25.10.2008 IN FAVOUR**| ||**OF C.H.ABOOBACKER.**| |**EXT.R9(T)**|**TRUE COPY OF NOC DATED 24.10.2008 IN FAVOUR**| ||**OF T.M.MAKKAR.**| |**EXT.R9(U)**|**TRUE COPY OF LETTER DATED 23.3.2007 ISSUED**| ||**TO C.S.MOIDEEN KUNJU.**| |**EXT.R9(V)**|**TRUE COPY OF NOC DATED 19.01.2007 ISSUED IN**| **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 68 :** ## **FAVOUR OF C.A.SHAHUL HAMEED.** **EXT.R9(W) TRUE COPY OF NOC DATED 20.12.2005 ISSUED BY THE DFO, MALAYATTOOR IN FAVOUR OF UMMER. EXT.R9(X) TRUE COPY OF LETTER DATED 13.02.2007 IN FAVOUR OF 22ND RESPONDENT KHADER PILLAI. EXT.R9(Y) TRUE COPY OF LETTER DATED 13.02.2008 ISSUED BY THE OFFICE OF THE CHIEF CONSERVATOR OF FOREST. ANNEXURE – 1 A TRUE COPY OF THE NOTICE NO.PCB/HO/EKM/L/66/07 DATED 27.03.2007. ANNEXURE – 1 TRUE COPY OF RECEIPT FOR PAYMENT OF LICENCE FEES. ANNEXURE – I TRUE COPY OF ORDER DATED 19.3.2007 IN W.P. (C).NO.9155 OF 2008. ANNEXURE – II TRUE COPY OF INSPECTION REPORT SUBMITTED BY THE POLLUTION CONTROL BOARD. ANNEXURE – III TRUE COPY OF RECEIPT DATED 24.3.2008 ISSUED BY THE PANCHAYAT TO THE 1ST PETITIONER. ANNEXURE (A) TRUE COPY OF THE LETTER NO.FC3-5802/2010 DATED 14.12.2010 BY THE CHAIRMAN, STATE LEVEL COMMITTEE FOR WOOD BASED INDUSTRIES. ANNEXURE (B) TRUE COPY OF THE JUDGMETN IN W.P.(C).NO.99 OF 2011. ANNEXURE © TRUE COPY OF THE ORDER IN WRIT PETITION © NO.8345 OF 2011 DATED 23.3.2011. ANNEXURE (D) TRUE COPY OF THE ORDER IN W.P.NO.6507 OF 2005 DATED 20.07.2005. ANNEXURE (E) TRUE COPY OF THE ORDER IN W.P.(C).NO.19606 OF 2010 DATED 23.6.2010. ANNEXURE (F) TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE NEW INDIAN EXPRESS DAILY DATED 1.7.2011. ANNEXURE (G) TRUE COPY OF TEH LETTER ISSUED TO ONE A M S INDUSTRIES, PERUMBAVOOR DATED 2.7.2011.** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 69 :** ## **ANNEXURE R5(A)** - **TRUE COPY OF THE UPDATED STATUS LIST OF WOOD BASED INDUSTRIES IN VENGOLA GRAMA PANCHAYATH AS DIRECTED BY THIS HON'BLE COURT DATED 27.11.2018.** - **ANNEXURE R3(A) TRUE COPY OF THE TABULAR LIST OF UNITS HAVING VALID CONSENT TO OPERATE AS ON TODAY.** - **ANNEXURE R3(B) TRUE COPY OF THE TABULAR LIST OF UNITS, THE VALIDITY OF CONSENT TO OPERATE OF SUCH UNITS EXPIRED ON 30.6.2018, BUT NOT APPLIED FOR CONSENT RENEWAL.** - **ANNEXURE R3(C) TRUE COPY OF THE TABULAR LIST OF UNITS, THE VALIDITY OF CONSENT TO OPERATE EXPIRED ON 30.6.2018 AND RENEWAL APPLICATIONS ARE PENDING/UNDER PROCESSING.** - **ANNEXURE R3(D) TRUE COPY OF THE TABULAR LIST OF UNITS WHICH ARE CLOSED IN THE TERRITORY OF VENGOLA PANCHAYAT AS PER THE CLOSURE DIRECTION ISSUED FROM THE BOARD.** - **EXT.R3(A) TRUE COPY OF OF THE LIST OF THE 22 UNITS, WHICH ARE HAVING VALID CONSENTS, MISTAKENLY INCLUDED IN ANNEXURE R3(B) OF REPORT DATED 1.12.2018.** **EXT.R3(B) TRUE COPY OF THE LIST OF INDUSTRIES INCLUDED IN ANNEXURE R3(B) IN THE REPORT DATED 1.12.2018, BUT NOT INCLUDED IN ANNEXURE R3(C) APPLIED BEFORE 1.12.2018 FOR RENEWAL OF CONSENT.** - **ANNEXURE R3(1) LIST OF INDUSTRIES INCLUDED IN THE REPORT DATED 01.12.2018 TO WHICH CLOSURE ORDER ISSUED.** - **ANNEXURE R3(2) LIST OF INDUSTRIES STOPPED ITS WOOD BASED UNITS CONVERTED TO OTHER INDUSTRIAL PURPOSE.** - **ANNEXURE R3(3) LIST OF INDUSTRIES INCLUDED IN THE REPORT DATED 1.12.2018 BUT HAVING VALID CONSENT.** - **ANNEXURE R3(4) LIST OF INDUSTRIES INCLUDED IN THE REPORT DATED 1.12.2018 THE NAME WHICH ARE REPEATED.** - **ANNEXURE R3(5) LIST OF INDUSTRIES INCLUDED IN THE REPORT DATED 1.12.2018 SUBSEQUENTLY APPLIED FOR** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 70 :** **CONSENT RENEWAL. ANNEXURE R3(6) LIST OF INDUSTRIES INCLUDED IN THE ANNEXURE R3(D) IN THE REPORT DATED 1.12.2018 AS CLOSED DOWN INDUSTRIES. EXT.R2(A) TRUE COPY OF THE LIST OF WOOD BASED INDUSTRIAL UNITS WITH FOREST LICENSE AS PER THE RECORDS. EXT.R2(B) TRUE COPY OF THE LIST OF 22 WOOD BASED INDUSTRIAL UNITS WHICH WERE CLOSED FOR ABSENCE OF LICENSE UNDER 2012 FOREST RULES. EXT.R2(C) TRUE COPY OF THE LIST OF 33 INDUSTRIAL UNITS WHICH WERE CLOSED DOWN FOR WANT OF VALID CONSENT FROM THE POLLUTION CONTROL BOARD. ANNEXURE A TRUE COPY OF CERTIFICATE DATED 8.3.1995 ISSUED BY DIRECTORATE OF INDUSTRIES AND COMMERCE. ANNEXURE B TRUE COPY OF CERTIFICATE DATED 6.11.2013 ISSUED BY THE KERALA STATE ELECTRICITY BOARD. ANNEXURE C TRUE COPY OF NO-OBJECTION CERTIFICATE DATED 13.11.2003 ISSUED BY DEPUTY CONSERVATOR OF FORESTS. ANNEXURE D TRUE COPY OF NO-OBJECTION CERTIFICATE DATED 17.8.2009 NO.B1-8283/08 ISSUED BY DFO, MALAYATTOOR WITH TRANSLATION. ANNEXURE E TRUE COPY OF APPLICATION DATED 3.6.2013 FILED IN FORM 1A TO THE FOREST DEPARTMENT. ANNEXURE F TRUE COPY OF RECEIPT NO.75/13-14 ISSUED ON SUBMISSION OF ANNEXURE E WITH TRANSLATION. ANNEXURE G TRUE COPY OF JUDGMENT DATED 29/6/16 IN W.P. (C).NO.21995/16. ANNEXURE H TRUE COPY OF ORDER NO.R-445/2015 DATED 23.7.2016 ISSUED BY DFO, MALAYATTOOR.** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 71 :** |**ANNEXURE I**|**TRUE COPY OF CONSENT TO OPERATE DATED**| |---|---| ||**18.5.2018 IN FILE NO.7399767.**| |**ANNEXURE J**|**TRUE COPY OF NOC ISSUED BY DMO, ERNAKULAM**| ||**DATED 16/6/17 NO.C2-9579/17 (DIS)**| |**ANNEXURE K**|**TRUE COPY OF NOC ISSUED BY FIRE AND RESCUE**| ||**SERVICES, ERNAKULAM, DATED 17.10.2015.**| |**ANNEXURE L**|**TRUE** **COPY** **OF** **CERTIFICATE**| ||**NO.N/D10/AWY/03/77/88 DATED 29.9.14 ISSUED**| ||**BY JOINT DIRECTOR OF FACTORIES AND BOILERS.**| |**ANNEUXRE M**|**TRUE COPY OF LICENSE ISSUED BY VENGOLA GRAMA**| ||**PANCHAAYT NO.256/13-14 WITH TRANSLATION.**| |**ANNEXURE A**|**COPY OF THE REPORT SUBMITTED BY THE**| ||**ENVIRONMENTAL ENGINEER.**| |**EXT.R28(A)**|**COPY OF THE JUDGMENT DATED 9.4.2015 IN W.P.**| ||**(C).NO.10462/2015 OF THE HONOURABLE HIGH**| ||**COURT.**| |**EXT.R28(B)**|**COPY OF THE JUDGMENT DATED 17.4.2015 IN W.P.**| ||**(C).NO.12528/2015 OF THE HONOURABLE COURT.**| |**ANNEXURE R3(A)**|**COPY OF THE CIRCULAR NO.PCB/T4/115/97 DATED**| ||**20.7.2011.**| |**ANNEXURE R3(B)**|**COPY OF THE DATE ON UPDATED STATUS OF WOOD**| ||**BASED UNITS IN VENGOLA GRAMA PANCHAYATH.**| |**EXT.R30(A)**|**TRUE COPY OF THE CERTIFICATE DATED 6.1.2013**| ||**ISSUED BY THE KERALA STATE ELECTRICITY**| ||**BOARD.**| |**EXT.R30(B)**|**TRUE COPY OF THE NOC DATED 1.12.1997 ISSUED**| ||**BY** **THE** **DIVISIONAL** **FOREST** **OFFICER,**| ||**MALAYATTOOR.**| |**EXT.R30(C)**|**TRUE COPY OF THE ACKNOWLEDGMENT DATED**| ||**18.9.2007 ISSUED BY THE DISTRICT INDUSTRIAL**| ||**CENTRE, ERNAKULAM.**| |**EXT.R30(D)**|**TRUE COPY OF THE CERTIFICATE DATED 21.7.2012**| ||**ISSUED BY THE KERALA STATE ELECTRICITY**| ||**BOARD.**| **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 72 :** **EXT.R30(E) TRUE COPY OF THE LICENSE DATED 9.7.2009 ISSUED BY THE DEPARTMENT OF FACTORIES AND BOILERS. EXT.R3(F) TRUE COPY OF THE CERTIFICATE DATED 13.7.2011 ISSUED BY THE VENGOLA GRAMA PANCHAYAT. EXT.R3(G) TRUE COPY OF THE ACKNOWLEDGMENT DATED 13.9.2007 ISSUED BY THE DISTRICT INDUSTRIES CENTRE. EXT.R3(H) TRUE COPY OF THE CERTIFICATE DATED 4.5.2016 ISSUED BY THE KERALA STATE ELECTRICITY BOARD. EXT.R3(I) TRUE COPY OF THE LICENSE DATED 13.9.2007 ISSUED BY THE DEPARTMENT OF FACTORIES AND BOILERS. EXT.R3(J) TRUE COPY OF THE LICENCE DATED 3.2.2014 ISSUED BY THE DIVISIONAL FOREST OFFICER, MALAYATTOOR. EXT.R3(K) TRUE COPY OF THE CERTIFICATE DATED 12.5.2015 ISSUED BY THE KERALA STATE ELECTRICITY BOARD. EXT.R3(L) TRUE COPY OF THE LICENSE DATED 22.5.2014 ISSUED BY THE DEPARTMENT OF FACTORIES AND BOILERS. EXT.R3(M) TRUE COPY OF THE NOC DATED 28.10.2005 ISSUED BY THE DIVISIONAL FOREST OFFICER, MALAYATTOOR. EXT.R3(N) TRUE COPY OF THE NOTICE DATED 22.4.2016 ISSUED TO APPLICANT NO.2. EXT.R3(O) TRUE COPY OF THE NOTICE DATED 22.4.2016 ISSUED TO APPLICANT NO.3. EXT.R30(P) TRUE COPY OF THE NOTICE DATED 22.4.2016 ISSUED TO APPLICANT NO.4. ANNEXURE R3(A) COPY OF LIST OF UPDATED STATUS OF WOOD BASED INDUSTRIES IN VENGOLA GRAMA PANCHAYAT. ANNEXURE R3(B) COPY OF ORDER DATED 23.4.2012 OF THE HON'BLE SUPREME COURT IN SLP.NO.22856 OF 2011.** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 73 :** - **ANNEXURE R3(C) COPY OF THE ORDER DATED 9.4.2015 OF THE HON'BLE HIGH COURT OF KERALA IN W.P. (C).NO.10462 OF 2015 (G)** - **ANNEXURE R3(D) COPY OF THE ORDER DATED 17.4.2015 OF THE HON'BLE HIGH COURT OF KERALA IN W.P. (C).NO.12589 OF 2015 (W)** - **ANNEXURE R3(E) COPY OF THE ORDER DATED 28.4.2015 OF THE HON'BLE HIGH COURT OF KERALA IN WPC.NO.13337 OF 2015 (N)** - **ANNEXURE R3(F) COPY OF THE TERMS OF REFERENCE FOR CEMP. ANNEXURE R3(G) COPY OF THE LETTER DATED 18.5.2016 ISSUED TO THE KSEB.** - **ANNEXURE R3(H) COPY OF THE LETTER DATED 18.5.2016 ISSUED TO THE DYSP, PERUMBAVOOR.** - **ANNEXURE R3(I) COPY OF THE LETTER DATED 18.5.2016 ISSUED TO THE SECRETARY, VENGOLA PANCHAYATH.** - **ANNEXURE R3(J) COPY OF THE LETTER NO.PCB/EKM/DO2/LEGAL/15 DATED 20.5.2016 ISSUED TO THE KSEB.** - **ANNEXURE R3(K) COPY OF THE LETTER NO.PCB/EKM/DO2/LEGAL/15 DATED 20.5.2016 ISSUED TO THE DYSP, PERUMBAVOOR.** - **ANNEXURE R3(L) COPY OF THE LETTER PCB/EKM/DO2/LEGAL/15 DATED 20.5.2016 ISSUED TO THE SECRETARY, VENGOLA PANCHAYATH.** - **EXHIBIT R34(C) COPY OF THE ORDER DATED 27/3/2009 IN W.P. (C).NO.9155/2007.** - **ANNEXURE R3(A) COPY OF THE COMPREHENSIVE ENVIRONMENT MANAGEMENT PLAN FOR VENGOLA GRAMA PANCHAYAT.** - **ANNEXURE R3(B) COPY OF THE LETTER DATED 30.9.2016 ISSUED BY THE CHAIRMAN, KSPCB TO THE ADDL. CHIEF SECRETARY, FOREST & WILDLIFE DEPT.** - **ANNEXURE R3(C) COPY OF THE LETTER DATED 30-.09.2016 ISSUED BY THE CHAIRMAN, KSPCB TO THE ADDL. CHIEF SECRETARY, ENVIRONMENT DEPT.** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 74 :** - **ANNEXURE R3(D) COPY OF THE REVISED LIST OF WOOD BASED UNITS IN VENGOLA GRAMA PANCHAYAT.** - **ANNEXURE R3(E) COPY OF THE LETTER DATED 18.5.2016 ISSUED BY THE ENVIRONMENTAL ENGINEER, KSPCB, PERUMBAVOOR TO THE EXECUTIVE ENGINEER, KSEB, PERUMBAVOOR.** - **ANNEXURE R3(F) COPY OF THE LETTER DATED 18.5.2016 ISSUED BY THE ENVIRONMENTAL ENGINEER, KSPCB, PERUMBAVOOR TO THE SECRETARY, VENGOLA GRAMA PANCHAYAT.** - **ANNEXURE R3(G) COPY OF THE LETTER DATED 18.5.2016 ISSUED BY THE ENVIRONMENTAL ENGINEER, KSPCB, PERUMBAVOOR TO THE SECRETARY, VENGOLA GRAMA PANCHAYAT.** - **ANNEXURE R3(H) COPY OF THE LETTER DATED 20.05.2016 ISSUED BY THE ENVIRONMENTAL ENGINEER, KSPCB, PERUMBAVOOR TO THE EXECUTIVE ENGINEER, KSEB, PERUMBAVOOR.** - **ANNEXURE R3(I) COPY OF THE LETTER DATED 20.05.2016 ISSUED BY THE ENVIRONMENTAL ENGINEER, KSPCB, PERUMABVOOR TO THE DEPUTY SUPDT. OF POLICE, PERUMBAVOOR.** - **ANNEXURE R3(J) COPY OF THE LETTER DATED 20.5.2016 ISSUED BY THE ENVIRONMENTAL ENGINEER, KSPCB, PERUMBAVOOR TO THE SECRETARY, VENGOLA GRAMA PANCHAYAT.** - **ANNEXURE R3(K) COPY OF THE LIST OF INDUSTRIES FOR WHICH CLOSURE ORDERS HAD BEEN ISSUED AS ON 7.10.2016.** - **ANNEXURE R3(L) COPY OF THE LETTER DATED 7.10.2016 ISSUED BY THE ENVIRONMENTAL ENGINEER, KSPCB, PERUMBAVOOR TO THE EXECUTIVE ENGINEER, KSEB, PERUMBAVOOR.** - **ANNEXURE R3(A) TRUE COPY OF THE LETTER DATED 3.11.2016 ISSUED BY THE PCB TO KSEB.** - **ANNEXURE R3(B) TRUE COPY OF THE LETTER DT. 3.11.2016 ISSUED TO KSEB, PERUMBAVOOR.** - **ANNEXURE R3(C) TRUE COPY OF THE LETTER DT. 3.11.2016 ISSUED** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 75 :** ## **TO KSEB, MUVATTUPUZHA.** |**ANNEXURE R3(D)**|**TRUE COPY OF THE LETTER DT. 5.11.2016 ISSUED**| |---|---| ||**TO S.I. OF POLICE, PERUMBAVOOR.**| |**ANNEXURE R3(E)**|**TRUE COPY OF THE STATUS REPORT AS ON**| ||**8.11.2016.**| |**ANNEXURE R3(F)**|**TRUE COPY OF THE STATUS REPORT OF THE 35**| ||**UNITS FOR WHICH CLOSURE ORDER WAS ISSUED.**| |**ANNEXURE R3(G)**|**TRUE COPY OF THE LETTER ISSUED BY THE PCB TO**| ||**THE ELECTRICITY BOARD.**| **//TRUE COPY//** **P.S. TO JUDGE** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 76 :** ## **APPENDIX OF W.P(C).NO.16795/2016** ## **PETITIONER'S EXHIBITS:** |**EXT.P1**|**A TRUE COPY OF THE D & O LICENSE ISSUED BY**| |---|---| ||**THE 1ST RESPONDENT PANCHAYAT.**| |**EXT.P2**|**A TRUE COPY OF THE S.S.I. REGISTRATION DATED**| ||**22-12-1993.**| |**EXT.P3**|**A TRUE COPY OF THE APPLICATION FOR CONSENT**| ||**TO OPERATE DATED 09-05-2013.**| |**EXT.P4**|**A TRUE COPY OF THE COMMUNICATION DATED**| ||**15-07-2013 ISSUED BY THE 2ND RESPONDENT.**| |**EXT.P5**|**A TRUE COPY OF THE APPROVAL DATED 12-11-2013**| ||**ISSUED BY THE D.M.O. ERNAKULAM.**| |**EXT.P6**|**A TRUE COPY OF THE 'REFUSAL INTIMATION**| ||**NOTICE' DATED 28-03-2014.**| |**EXT.P7**|**A TRUE COPY OF THE APPLICATION FOR CONSENT**| ||**TO OPERATE DATED 23-07-2014.**| |**EXT.P8**|**A TRUE COPY OF THE NOC DATED 23-04-2015**| ||**ISSUED BY THE FIRE & RESCUE SERVICES.**| |**EXT.P9**|**A TRUE COPY OF THE NOTICE DATED 28-04-2015**| ||**ISSUED BY THE 2ND RESPONDENT.**| |**EXT.P10**|**TRUE COPY OF THE LICENSE VALID TILL**| ||**24-02-2021 ISSUED BY THE DIVISIONAL FOREST**| ||**OFFICER, MALAYATTOOR.**| |**EXT.P11**|**TRUE COPY OF THE CONSENT TO OPERATE ISSUED**| ||**TO M/S ARSHAD PLYWOODS ON 15-03-2014.**| |**EXT.P12**|**TRUE COPY OF THE NOTICE DATED 22-4-2016**| ||**(PCB/DO2/EKM/GEN-10/2013).**| |**EXT.P13**|**TRUE COPY OF THE RECEIPT DATED 27.6.2016**| ||**ISSUED BY THE ASSISTANT ENGINEER, ELECTRICAL**| ||**SECTION, VENGOLA.**| |**EXT.P14**|**TRUE COPY OF THE NOTICE FOR DISCONNECTION**| ||**DATED 25.6.2016 ISSUED BY THE ASSISTANT**| ||**ENGINEER, ELECTRICAL SECTION, VENGOLA.**| **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 77 :** **EXT.P15** **TRUE COPY OF THE REPRESENTATION DATED 22.8.2016 ADDRESSED TO THE 2ND RESPONDENT.** **RESPONDENTS EXHIBITS: NIL.** **//TRUE COPY//** **P.S. TO JUDGE** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 78 :** ## **APPENDIX OF W.P(C).NO.18621/2016** ## **PETITIONER'S EXHIBITS:** **EXT.P1 THE TRUE COPY OF CERTIFICATE FROM KERALA STATE ELECTRICITY BOARD EXT.P2 THE TRUE PHOTOCOPY OF THE LICENSE FOR THE YEAR 2008-09** **EXT.P3 THE TRUE PHOTOCOPY OF THE CERTIFICATE FROM DISTRICT MEDICAL OFFICER DATED 17.06.2014** **EXT.P4 THE TRUE PHOTOCOPY OF THE NOC FROM FIRE AND RESCUE DEPARTMENT DATED 30.07.2014** **EXT.P5 THE TRUE PHOTOCOPY OF THE APPLICATION FOR CONSENT WAS SUBMITTED BY THE PETITIONER BEFORE THE KERALA STATE POLLUTION CONTROL BOARD EXT.P6 THE TRUE COPY OF THE DEMAND DRAFT DATED 26.07.14 OF VENGOLA PANCHAYATH EXT.P7 THE TRUE PHOTOCOPY OF THE JUDGMENT DATED 9.4.2015 IN W.P.(C).NO.10462/2015. RESPONDENTS EXHIBITS: ANNEXURE R2(A) TRUE COPY OF THE REFUSAL INTENTION NOTICE ISSUED BY THE PCB, DATED 07.11.2016. //TRUE COPY// P.S. TO JUDGE** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 79 :** ## **APPENDIX OF W.P(C).NO.18622/2016** ## **PETITIONER'S EXHIBITS:** **EXT-P1: THE TRUE COPY OF THE ACKNOWLEDGMENT FROM DEPARTMENT OF INDUSTRIES DATED 25.7.2008.** - **EXT-P2: THE TRUE PHOTOCOPY OF CERTIFICATE FROM KERALA STATE ELECTRICITY BOARD.** **EXT-P3: THE TRUE PHOTOCOPY OF THE LICENSE FOR THE YEAR 1999-2000.** **EXT-P4: THE TRUE PHOTOCOPY OF THE LICENSE FROM DEPARTMENT FROM FACTORIES AND BOILERS DATED 18.12.2013. EXT-P5: THE TRUE PHOTOCOPY OF THE CERTIFICATE FROM DISTRICT MEDICAL OFFICER DATED 17.6.2014. EXT-P6: THE TRUE PHOTOCOPY OF THE NOC FROM FIRE AND RESCUE DEPARTMENT DATED 8.8.2014. EXT-P7: THE TRUE PHOTOCOPY OF THE RECEIPT DATED 9.5.16 OF VENGOLA PANCHAYATH. EXT-P8: THE TRUE PHOTOCOPY OF THE APPLICATION FOR CONSENT WAS SUBMITTED BY THE PETITIONER BEFORE THE KERALA STATE POLLUTION CONTROL BOARD. EXT-P9: THE TRUE PHOTOCOPY OF THE DEMAND DRAFT DATED 26.7.2014 IN FAVOUR OF THE BOARD. RESPONDENTS EXHIBITS: NIL.** **//TRUE COPY// P.S. TO JUDGE** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 80 :** ## **APPENDIX OF W.P(C).NO.19542/2016** ## **PETITIONER'S EXHIBITS:** **EXT.P1: COPY OF LICENSE THE LICENSE NO.A-138/2003-04 DATED 10.4.2003.** **EXT.P2: COPY OF THE SSI REGISTRATION ACKNOWLEDGMENT DATED 24.11.2007.** **EXT.P3: COPY OF THE D & O LICENSE FEE RECEIPT FOR THE YEAR 200607 DATED 6.3.2007.** **EXT.P4: COPY OF THE PROPERTY TAX RECEIPT DATED 2.7.2015.** **EXT.P5: COPY OF THE INTERIM ORDER DATED 27.3.2009 IN W.P. (C).NO.9155/2007 OF HONOURABLAE HIGH COURT.** **EXT.P6: COPY OF THE ORDER DATED 21.4.2014 IN CIVIL APPEAL NO.4858/2014 OF THE HONOURABLE SUPREME COURT.** **EXT.P7: COPY OF FOREST NOC NO.38/2014-15 DATED 2.6.2014.** **EXT.P8: COPY OF THE FACTORY PERMIT DATED 1.8.2015.** **EXT.P9: COPY OF THE DEMAND DRAFT DATED 28.4.2011 SUBMITTED AS FEE FOR CONSENT FROM POLLUTION CONTROL.** **EXT.P10: COPY OF THE JUDGMENT DATED 9.4.2015 IN W.P. (C).NO.10462/2015 OF HONOURABLE HIGH COURT.** **EXT.P11: COPY OF THE JUDGMENT DATED 17.4.2015 IN W.P. (C).NO.12604/2015 OF HONOURABLE HIGH COURT.** **EXT.P12: COPY OF THE LETTER NO.PCB/DO2/EKM/GEN-10/2013 DATED 22.4.2016.** **EXT.P13: COPY OF THE NOTICE NO.38985/G2/2012/ID DATED 17.5.2016.** **RESPONDENTS EXHIBITS: NIL.** **//TRUE COPY//** **P.S. TO JUDGE** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 81 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** ## **APPENDIX OF W.P.(C).NO.22116/2016** ## **PETITIONER'S EXHIBITS:** |**EXT.P1**|**A TRUE COPY OF THE BILL DTD 5/6/2016 ISSUED**| |---|---| ||**BY THE 2ND RESPONDENT FOR THE MONTH OF JUNE,**| ||**2016 TOGETHER WITH DEMAND FOR ADDITIONAL**| ||**CASH DEPOSIT.**| |**EXT.P2**|**A TRUE COPY OF THE RECEIPT DTD 27/6/2016**| |**EXT.P3**|**TRUE COPY OF THE NOTICE DISCONNECTION DTD**| ||**25/6/2016**| |**EXT.P4**|**A TRUE COPY OF THE D & O LICENSE ISSUED BY**| ||**THE VENGOLA PANCHAYATH**| |**EXT.P5**|**A TRUE COPY OF THE S S REGISTRATION DTD**| ||**22/12/1993**| |**EXT.P6**|**A TRUE COPY OF THE APPLICATION FOR CONSENT**| ||**TO OPERATE DTD 9/5/2013**| |**EXT.P7**|**A TRUE COPY OF THE COMMUNICATION DTD**| ||**15/7/2013 ISSUED BY THE 2ND RESPONDENT**| |**EXT.P8**|**A TRUE COPY OF THE APPROVAL DTD 12/11/2013**| ||**ISSUED BY THE D.M.O ERNAKULAM**| |**EXT.P9**|**A TRUE COP OF THE 'REFUSAL INTIMATION**| ||**NOTICE' DTD 28/3/2014**| |**EXT.P10**|**A TRUE COPY OF THE APPLICATION FOR CONSENT**| ||**TO OPERATE DTD 23/7/2014**| |**EXT.P11**|**A TRUE COPY OF THE NOC DTD 23/4/2015 ISSUED**| ||**BY THE FIRE & RESCUE SERVICES**| |**EXT.P12**|**A TRUE COPY OF THE NOTICE DTD 28/4/2015**| ||**ISSUED BY THE 2ND RESPONDENT**| |**EXT.P13**|**TRUE COPY OF THE LICENSE VALID TILL**| ||**24/2/2021 ISSUED BY THE DIVISIONAL FOREST**| ||**OFFICER, MALAYATOOR.**| |**RESPONDENTS EXHIBITS:** |**NIL.**| |**//TRUE COPY//**|| |**P.S. TO JUDGE**|| **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 82 :** ## **APPENDIX OF W.P.(C).NO.22219/2016** ## **PETITIONER'S EXHIBITS:** |**EXT.P1**|**TRUE COPY OF THE CERTIFICATE DATED**| |---|---| ||**06/11/2013 ISSUED BY THE KSEB**| |**EXT.P2**|**TRUE COPY OF THE NOC DATED 01/12/1997 ISSUED**| ||**BY** **THE** **DIVISIONAL** **FOREST** **OFFICER,**| ||**MALAYATOOR.**| |**EXT.P3**|**TRUE COPY OF THE D & O LICENCE DATED**| ||**14/06/2016 ISSUED BY THE VENGOLA GRAMA**| ||**PANCHAYATH VALID UP TO 31/03/2017**| |**EXT.P4**|**TRUE COPY OF THE LICENCE DATED 15/06/2016**| ||**ISSUED BY THE DEPARTMENT OF FACTORIES AND**| ||**BOILERS FOR THE YEAR 2015-16**| |**EXT.P5**|**TRUE COPY OF THE NOC DATED 20/09/2015 ISSUED**| ||**BY THE ASSISTANT DIVISIONAL OFFICER, FIRE**| ||**AND RESCUE SERVICES**| |**EXT.P6**|**TRUE COPY OF THE LICENCE DATED 24/05/2016**| ||**ISSUED BY D.F.O, MALAYATOOR VALID UP TO**| ||**28/02/2011**| |**EXT.P7**|**TRUE COPY OF THE REFUSAL INTENTION NOTICE**| ||**DATED 28/03/2014**| |**EXT.P8**|**TRUE COPY OF THE ONLINE APPLICATION DATED**| ||**28/03/2016**| |**EXT.P9**|**TRUE COPY OF THE CERTIFICATE DATED**| ||**21/07/2012 ISSUED BY THE KSEB**| |**EXT.P10**|**TRUE COPY OF THE D & O LICENCE DATED**| ||**15/06/2016 ISSUED BY THE VENGOLA GRAMA**| ||**PANCHAYATH VALID UP TO 31/03/2017**| |**EXT.P11**|**TRUE COPY OF THE LICENCE DATED 05/01/2016**| ||**ISSUED BY THE DEPARTMENT OF FACTORIES AND**| ||**BOILERS FOR THE YEAR 2015-16**| |**EXT.P12**|**TRUE COPY OF THE NOC DATED 23/11/2015 ISSUED**| ||**BY THE ASSISTANT DIVISIONAL OFFICER, FIRE**| ||**AND RESCUE SERVICES**| **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 83 :** **EXT.P13 TRUE COPY OF THE LICENCE DATED 24/05/2016 ISSUED BY THE DFO, MALAYATOOR VALID UP TO 28/02/2011 EXT.P14 TRUE COPY OF THE NOC DATED 08/06/2016 EXT.P15 TRUE COPY OF THE BANKERS CHEQUE DATED 01/07/2013 OBTAINED IN THE NAME OF RESPONDENT NO.2 EXT.P16 TRUE COPY OF THE ONLINE APPLICATION DATED 28/03/2016 EXT.P17 TRUE COPY OF THE NOTICE DATED 22/04/2016 EXT.P18 TRUE COPY OF THE ORDER DATED 17/03/2016 IN W.P(C) 9155/2007 EXT.P19 TRUE COPY OF THE REPRESENTATION DATED 24/05/2016 EXT.P20 TRUE COPY OF THE NOTICE DATED 25/06/2016 ISSUED BY THE 4TH RESPONDENT TO CHANDRIKA FURNITURE EXT.P21 TRUE COPY OF THE NOTICE DATED 25/06/2016 ISSUED BY THE 4TH RESPONDENT IN RELATION TO CHANDRIKA SAWMILL AND INDUSTRIES.** **RESPONDENTS EXHIBITS: EXT.R4(A) TRUE COPY OF LETTER NO.PCB/EKM/DO2/LEGAL/15 ISSUED BY THE 3RD RESPONDENT TO THE EXECUTIVE ENGINEER, KSEB, PERUMBAVOOR ON 18.5.2016.** **//TRUE COPY//** **P.S. TO JUDGE** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 84 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** ## **APPENDIX OF W.P(C).NO.22714/2016** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF D & O LICENSE NO 79/950-96 ISSUED BY THE VENGOLA GRAMA PANCHAYAT TO THE PETITIONER ON 26-04-1995** **EXHIBIT P2 TRUE COPY OF THE ORDER IN CIVIL APPEAL NO 4858/2014 (SLP(C).NO.22856/2011) DATED 21-04-2014 OF THE SUPREME COURT OF INDIA.** **EXHIBIT P3 TRUE COPY OF THE APPLICATION OF THE PETITIONER DATED 01-08-2014 FOR CONSENT TO OPERATE SUBMITTED TO THE POLLUTION CONTROL BOARD. EXHIBIT P4 TRUE COPY OF THE DEMAND DRAFT NO.426742 DATED 01-08-2014 SUBMITTED TO THE POLLUTION CONTROL, BOARD. EXHIBIT P5 TRUE COPY OF THE CERTIFICATE NO (L. DIS)C2/5915/2016 DATED 07-04-2016 ISSUED BY THE DISTRICT MEDICAL OFFICER, ERNAKULAM.** **EXHIBIT P6 TRUE COPY OF NO-OBJECTION CERTIFICATE NO G- 2345/2016 DATED 04-04-2016 ISSUED BY THE FIRE AND RESCUE DEPARTMENT. EXHIBIT P7 TRUE COPY OF THE LICENSE NO 411/2013 DATED 16-11-2013 ISSUED BY THE DIVISIONAL FOREST OFFICER, MALAYATTOOR. EXHIBIT P8 TRUE COPY OF THE NOTICE DATED 22-04-2016 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P9 TRUE COPY OF THE NOTICE NO VP/99/23/4 DATED 25-06-2016 ISSUED BY THE 4TH RESPONDENT.** - **RESPONDENTS EXHIBITS: NIL.** **//TRUE COPY// P.S. TO JUDGE** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 85 :** ## **APPENDIX OF W.P.(C).NO.23211/2016** ## **PETITIONER'S EXHIBITS:** |**EXT.P1**|**COPY OF THE S.S.I REGISTRATION NO.090300703**| |---|---| ||**DTD 30/7/1973.**| |**EXT.P2**|**COPY OF THE FOREST NOC NO E1-9892/03 DTD**| ||**30/3/2004**| |**EXT.P3**|**COPY OF PERMISSION NO PCB/EKM/IAE-83/07 DTD**| ||**1/7/2007**| |**EXT.P4**|**COPY OF THE LICENSE NO A-605/07-08 DTD**| ||**16/8/2007**| |**EXT.P5**|**COPY OF SSI REGISTRATION DTD 27/3/2008**| |**EXT.P6**|**COPY OF THE INTERIM ORDER DTD 27/3/2009 IN**| ||**WPC NO 9155/2007 OF HONOURABLE HIGH COURT.**| |**EXT.P7**|**COPY OF THE ORDER DTD 21/4/2014 IN CIVIL**| ||**APPEAL NO 4858/2014 OF THE HONOURABLE**| ||**SUPREME COURT**| |**EXT.P8**|**COPY OF LICENSE FEE RECEIPT DTD 30/3/2010**| |**EXT.P9**|**COPY OF THE COMMUNICATION DTD 21/7/2011**| |**EXT.P10**|**COPY OF RENEWAL APPLICATION DTD 13/7/2014**| ||**FILED BEFORE THE PULLUTION CONTROL BOARD**| |**EXT.P11**|**COPY OF THE DEMAND DRAFT DTD 13/7/2015**| |**EXT.P12**|**COPY OF THE JUDGMENT DTD 9/4/2015 IN WPC NO**| ||**10462/2015 OF HONOURABLE HIGH COURT.**| |**EXT.P13**|**THE PHOTOCOPY OF THE JUDGMENT DTD 17/4/2015**| ||**IN WP(C).NO.12604/2015 OF HONOURABLE HIGH**| ||**COURT.**| |**EXT.P14**|**TRUE COPY OF THE NOTICE ISSUED BY THE**| ||**CATHOLIC SYRIAN BANK UNDER SEC.13(2) OF THE**| **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 86 :** **SARFAESI ACT TO THE PETITIONER DT. 15.12.2016.** **RESPONDENTS EXHIBITS: NIL.** **//TRUE COPY//** **P.S. TO JUDGE** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 87 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** ## **APPENDIX OF W.P.(C).NO.23272/2016** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 COPY OF THE SSI APPLICATION DATED 17-09-2007 EXHIBIT P2 COPY OF THE LAY OUT APPROVAL DATED 23-022008 EXHIBIT P3 COPY OF THE BUILDING PERMIT DATED 22-04-2008 EXHIBIT P4 COPY OF THE INSTALLATION PERMIT DATED 25-042008 EXHIBIT P5 COPY OF THE MINIMUM GUARANTEE AGREEMENT DATED 22-05-2008 EXHIBIT P6 COPY OF THE SSI REGISTRATION CERTIFICATE DATED 10-05-2010 EXHIBIT P7 COPY OF THE ORDER DATED 27-03-2009 IN WPC NO.9155/2007 OF THE HONOURABLE HIGH COURT EXHIBIT P8 THE PHOTOCOPY OF THE ORDER DATED 21-04-2014 IN CIVIL APPEAL NO.4858/2014 OF THE HONOURABLE SUPREME COURT EXHIBIT P9 COPY OF PROPERTY TAX RECEIPT DATED 07-102016 EXHIBIT P10 COPY OF THE FOREST LICENSE NO.107/2014-16 DATED 29-10-2014 EXHIBIT P11 COPY OF THE CONSENT NO.PCB/EKM.DO2/IAO351/2012 DATED 26-04-2016 EXHIBIT P12 COPY OF THE NOC FROM THE FIRE AND RESCUE DEPARTMENT NO.A-2835/14 DATED 07-04-2014 EXHIBIT P13 COPY OF THE NOC FROM DMO NO.C2-5989/14/L.DIS DATED 31-03-2014 EXHIBIT P14 COPY OF FACTORY LICENSE DATED 03-03-2014 EXHIBIT P15 COPY OF THE APPLICATION RECEIPT DATED 29-042016 FOR LICENSE** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 88 :** **EXHIBIT P16 COPY OF THE JUDGMENT DATED 09-04-2015 IN W.P(C).NO.10462/2015 OF HONOURABLE HIGH COURT EXHIBIT P17 COPY OF THE NOTICE NO.38985/G2/12012/ID DATED 17-05-2016** **RESPONDENTS EXHIBITS: NIL.** **//TRUE COPY//** **P.S. TO JUDGE** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 89 :** ## **APPENDIX OF W.P(C).NO.23290/2016** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 COPY OF BUILDING PERMIT DATED 08-10-2012 EXHIBIT P2 COPY OF THE COPY OF THE SSI REGISTRATION DATED 05-12-2013 EXHIBIT P3 COPY OF THE ORDER DATED 27-03-2009 IN W.P. (C).NO.9155/2007 OF THE HONOURABLE HIGH COURT** **EXHIBIT P4 TRUE COPY OF THE ORDER DATED 21-04-2014 IN CIVIL APPEAL NO.4858/2014 OF THE HONOURABLE SUPREME COURT** **EXHIBIT P5 COPY OF FOREST LICENSE NO 13/2016-17 DATED 19-04-2016 EXHIBIT P6 COPY OF THE RENEWAL OF CONSENT TO OPERATE FROM THE POLLUTION CONTROL BOARD NO PCB/EKM/DO2/ISO-66/2013 DATED 16-011-2015 EXHIBIT P7 COPY OF THE NOC FROM THE FIRE AND RESCUE DEPARTMENT NO G-6175/15 DATED 18-08-2015 EXHIBIT P8 COPY OF NOC FROM DMO NO.L.DIS (C2) 22486/15 DATED 21-01-2016 EXHIBIT P9 COPY OF FACTORY LICENSE DATED 17-02-2014 EXHIBIT P10 COPY OF D & O LICENSE FEE DATED 02-06-2016 EXHIBIT P11 COPY OF PROPERTY TAX RECEIPT DATED 23-052015 EXHIBIT P12 COPY OF JUDGMENT DATED 09-04-2015 IN WP(C) NO 10462/2015 OF HONOURABLE HIGH COURT EXHIBIT P13 COPY OF THE JUDGMENT DATED 17-04-2015 IN W.P(C).NO.12642/2015 OF HONOURABLE HIGH COURT** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 90 :** **EXHIBIT P14** **COPY OF THE NOTICE NO.A1-3968/16 DATED 25-06-2016** **RESPONDENTS EXHIBITS: NIL.** **//TRUE COPY//** **P.S. TO JUDGE** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 91 :** ## **APPENDIX OF W.P(C).NO.24051/2016** ## **PETITIONER'S EXHIBITS:** **EXT.P1 TRUE COPY OF THE D&O LICENCE NO.A/379/200203 ISSUED BY THE VENGOLA GRAMA PANCHAYATH TO THE PETITIONER'S PREDECESSOR ON 11/02/2003 EXT.P2 TRUE COPY OF THE CIVIL APPEAL NO.4858/2014 (SLP (C) NO.22856/2011) DATED 21/04/2014 OF THE SUPREME COURT OF INDIA EXT.P3 TRUE COPY OF THE CONSENT TO OPERATE FILE NO. PCB/EKM/DO2/IAO-428/2013 ISSUED BY THE IST RESPONDENT EXT.P4 TRUE COPY OF THE APPLICATION OF THE PETITIONER DATED 12/05/2016 FOR RENEWAL OF CONSENT TO OPERATE SUBMITTED TO THE POLLUTION CONTROL BOARD EXT.P5 TRUE COPY OF THE NO-OBJECTION CERTIFICATE NO.A-1233/2014 DATED 12/03/2014 ISSUED BY THE FIRE AND RESCUE DEPARTMENT EXT.P6 TRUE COPY OF THE CERTIFICATE OF FOREST DEPARTMENT NO.FC3-2316/2007 DATED 31/08/2009. EXT.P7 TRUE COPY OF APPLICATION FOR RENEWAL DATED 5TH DECEMBER 2018 SUBMITTED BY THE PETITIONER TO THE POLLUTION CONTROL BOARD.** **RESPONDENT'S EXHIBITS: NIL.** **//TRUE COPY//** **P.S. TO JUDGE** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 92 :** ## **APPENDIX OF W.P.(C).NO.24042/2016** ## **PETITIONER'S EXHIBITS:** - **EXHIBIT P1 TRUE COPY OF D&O LICENSE NO. A/379/2002-03 ISSUED BY THE VENGOLA GRAMA PANCHAYAT TO THE PETITIONER'S PREDECESSOR ON 11-2-2003.** - **EXHIBIT P2 TRUE COPY OF ORDER IN CIVIL APPEAL NO. 4858/2014 (SLP (C) NO.22856/2011) DATED 214-2014 OF THE SUPREME COURT OF INDIA.** - **EXHIBIT P3 TRUE COPY OF CONSENT TO OPERATE FILE NO. PCB/EKM/DO2/AIO-428/2013 ISSUED BY THE 1ST RESPONDENT.** - **EXHIBIT P4 TRUE COPY OF APPLICATION OF THE PETITIONER DATED 12-5-2016 FOR RENWAL OF CONSENT TO OPERATE SUBMITTED TO THE POLLUTION CONTROL BOARD.** - **EXHIBIT P5 TRUE COPY OF NO-OBJECTION CERTIFICATE NO. A- 1233/2014 DATED 12-3-2014 ISSUED BY THE FIRE AND RESCUE DEPARTMENT.** - **EXHIBIT P6 TRUE COPY OF CERTIFICATE OF FOREST DEPARTMENT NO. FC3-2316/2007 DATED 31-82009.** - **EXHIBIT P7 TRUE COPY OF NOTICE DATED 12-5-2016 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P8 TRUE COPY OF NOTICE DATED 25-6-2016 ISSUED BY THE 4TH RESPONDENT.** **RESPONDENTS EXHIBITS: NIL.** **//TRUE COPY//** **P.S. TO JUDGE** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 93 :** ## **APPENDIX OF W.P.(C).NO.28063/2016** ## **PETITIONER'S EXHIBITS:** |**EXT.P1**|**TRUE COPY OF PROCEEDINGS OF ERNAKULAM**| |---|---| ||**DISTRICT MINI INDUSTRIAL ESTATE CO-OPERATIVE**| ||**SOCIETY LTD. S.IND(E)64 ALUVA BEARING NO.**| ||**119/03 DT. 24.8.15.**| |**EXT.P2**|**TRUE** **COPY** **OF** **GOVERNMENT** **ORDER**| ||**NO.GO(RT)NO.591/94/ID DT. 5.7.94 ISSUED BY**| ||**UNDER SECRETARY TO GOVERNMENT DEPARTMENT OF**| ||**INDUSTRIES.**| |**EXT.P3**|**TRUE COPY OF CONSENT TO OPERATE BEARING NO.**| ||**PCB/EKM/DO2/K-41/44/2016 DT. 26.4.16 ISSUED**| ||**FROM ERNAKULAM OFFICE OF KERALA STATE**| ||**POLLUTION CONTROL BOARD.**| |**EXT.P4**|**TRUE COPY LICENCE NO. D21/PBR/03/146/2015**| ||**DT. 27.10.15 ISSUED BY DEPARTMENT OF**| ||**FACTORIES AND BOILERS.**| |**EXT.P5**|**TRUE COPY OF CERTIFICATE ISSUED FROM THE**| ||**OFFICE OF DISTRICT MEDICAL OFFICER,**| ||**ERNAKULAM BEARING O. C2-7789/16 DT. 18.5.16.**| |**EXT.P6**|**TRUE COPY OF LICENCE NO. 638/2013-14 ISSUED**| ||**BY DIVISIONAL FOREST OFFICER, MALAYATTOOR**| ||**DT. 20.3.14.**| |**EXT.P7**|**TRUE COPY OF NO OBJECTION CERTIFICATE ISSUED**| ||**FROM THE OFFICE ASSISTANT DIVISIONAL OFFICER**| ||**FIRE AND RESCUE SERVICES, ERNAKULAM BEARING**| ||**NO. G-3212/16 DT. 17.5.16.**| |**EXT.P8**|**TRUE COPY OF ACKNOWLEDGMENT (PART II) ISSUED**| ||**FROM THE OFFICE OF DISTRICT INDUSTRIES**| ||**CENTRE, ERNAKUALM DT. 20.5.14.**| |**EXT.P9**|**TRUE COPY OF UDYOG AADHAR ACKNOWLEDGMENT DT.**| ||**18.5.16 ISSUED FROM THE MINISTRY OF MICRO,**| ||**SMALL AND MEDIUM ENTERPRISES.**| **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). : 94 : Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** |**EXT.P10**|**TRUE COPY OF NOTICE BEARING NO.**| |---|---| ||**38985/G2/2012/ID DT. 17.5.2016 ISSUED TO THE**| ||**PETITIONER BY THE 1ST RESPONDENT.**| |**EXT.P11**|**TRUE COPY OF LICENCE APPLICATION FILED BY**| ||**THE MANAGING PARTNER OF THE PETITIONER**| ||**BEFORE THE 2ND RESPONDENT ON 08.6.16.**| |**EXT.P12**|**TRUE COPY OF APPLICATION FILED BY THE**| ||**MANAGING PARTNER OF THE PETITIONER BEFORE**| ||**THE 2ND RESPONDENT ON 21.6.2016.**| |**EXT.P13**|**TRUE COPY OF NOTICE NO.K1-5390/16 DT. 3.6.16**| ||**ISSUED BY THE 2ND RESPONDENT TO THE MANAGING**| ||**PARTNER OF THE PETITIONER.**| |**EXT P14**|**TRUE COPY OF ORDER OF THIS HON'BLE COURT IN**| ||**W.P(C).9155/07 DT. 17.3.2016.**| |**RESPONDENTS EXHIBITS:**|**NIL.**| ||**//TRUE COPY//**| ||**P.S. TO JUDGE**| **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 95 :** ## **APPENDIX OF W.P.(C).NO.30135/2016** ## **PETITIONER'S EXHIBITS:** **EXT.P1 A TRUE COPY OF THE CERTIFICATE NO.9-309089/89/PMT/SSI DT.28-3-1989 ISSUED BY GENERAL MANAGER, DISTRICT INDUSTRIAL CENTRE, ERNAKULAM. EXT.P2 A TRUE COPY OF THE LICENCE NO.614/2013-14 DT.7-3-2014 FOR THE SAWMILL OR OTHER WOOD BASED INDUSTRIAL UNIT ISSUED BY THE DIVISIONAL FOREST OFFICER OF MALAYATTOOR DIVISION. EXT.P3 A TRUE COPY OF THE LICENCE NO.527/16-17 DT.6-5-16 ISSUED BY R2 PANCHAYATH. EXT.P4 A TRUE COPY OF THE LICENCE NO.594/15-16 DT.30-12-2015 ISSUED BY R2 PANCHAYATH. EXT.P5 A TRUE COPY OF THE PART-II OF ENTREPRENEURS' MEMORANDUM OF NOBLE WOOD INDUSTRIES, PERUMANI DT.5-8-2008 FOR SETTING UP MICRO, SMALL OR MEDIUM ENTERPRISE. EXT.P6 A TRUE COPY OF THE APPLICATION FOR THE CONSENT DT.28-7-14 FILED BEFORE R1. EXT.P7 A TRUE COPY OF THE NOTICE DT.27-01-2016 NO.PCB/EKM/DO2/GEN-10/2015 ISSUED BY R1. EXT.P8 A TRUE COPY OF THE LETTER NO.A1-4201/16 DT.21-5-2016 ISSUED BY R2. EXT.P9 A TRUE COPY OF THE LETTER NO.DB/MISC/VLGRA 2016-17/4/16 DT.26-8-16 ISSUED BY R3.** ## **RESPONDENTS EXHIBITS:** **EXT.R3(A) TRUE COPY OF THE LETTER NO.PCB/EKM/DO2/LEGAL/15 TO THE EXECUTIVE ENGINEER, KSEB, PERUMBAVOOR DATED 18/05/2016.** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 96 :** |**EXT.R3(B)**|**TRUE COPY OF THE LETTER **|**DATED **|**28/05/16**| |---|---|---|---| ||**ISSUED BY THE 2ND RESPONDENT.**||| |**EXT.R3(C)**|**TRUE** **COPY** **OF**|**THE**|**LETTER**| ||**NO.GB1/GENERAL/PLYWOOD/2016/17/448**||**DATED**| ||**18/08/16.**||| ||**//TRUE COPY//**||| ||**P.S. TO JUDGE**||| **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 97 :** ## **APPENDIX OF W.P.(C).NO.576/2017** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE PHOTOCOPY OF THE IDENTITY CARD ISSUED BY THE VAZHAKULAM BLOCK PANCHAYATH TO THE PETITIONER** **EXHIBIT P2 TRUE PHOTOCOPY OF THE ORDER OF THE HON'BLE SUPREME COURT DATED 21.4.2014 IN CIVIL APPEAL NO.4858/2014.** **RESPONDENTS EXHIBITS: NIL.** ## **//TRUE COPY//** **P.S. TO JUDGE** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 98 :** ## **APPENDIX OF W.P.(C).NO.35253/2017** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1. A TRUE COPY OF THE ORDER DATED 21.04.2014 IN CIVIL APPEAL NO.4858/2014 OF THIS HON'BLE COURT.** **EXHIBIT P2. A TRUE COPY OF APPLICATION FILED BEFORE THE 3RD RESPONDENT DATED 13.07.2015 AND DEMAND DRAFT DATED 13.07.2015.** **EXHIBIT P3. A TRUE COPY OF THE DEMAND DRAFT DATED 13.07.2015.** **EXHIBIT P4. A TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE CATHOLIC SYRIAN BANK DATED 20.10.2017.** **EXHIBIT P5. A TRUE COPY OF THE NOTICE ISSUED BY P.ROSIAH, SOLE ARBITRATOR DATED 11.09.2017.** **EXHIBIT P6. A TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE DEPUTY TAHASILDHAR, KUNNATHUNAD DATED 23.09.2017.** **EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION, PCB/EKM/IAE-83/07 DATED 28-03-2018, ISSUED BY THE 3RD RESPONDENT.** **RESPONDENTS EXHIBITS: NIL.** **//TRUE COPY//** **P.S. TO JUDGE** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 99 :** ## **APPENDIX OF W.P.(C).NO.41065/2018** ## **PETITIONERS EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE CONSENT TO OPERATE ISSUED ON 12.10.2015 FROM THE OFFICE OF THE 2ND RESPONDENT TO THE 1ST PETITIONER. EXHIBIT P2 TRUE COPY OF THE CONSENT TO OPERATE ISSUED ON 11.1.2016 FROM THE OFFICE OF THE 2ND RESPONDENT TO THE SECOND PETITIONER. EXHIBIT P3 TRUE COPY OF THE CONSENT TO OPERATE ISSUED ON 13.4.2016 FROM THE OFFICE OF THE 2ND RESPONDENT TO THE 3RD PETITIONER. EXHIBIT P4 TRUE COPY OF THE CONSENT TO OPERATE ISSUED ON 19.4.2016 FROM THE OFFICE OF THE 2ND RESPONDENT TO THE 4TH PETITIONER. EXHIBIT P5 TRUE COPY OF THE CONSENT TO OPERATE ISSUED ON 29.9.2015 FROM THE OFFICE OF THE 2ND RESPONDENT TO THE 5TH PETITIONER. EXHIBIT P6 TRUE COPY OF THE CONSENT TO OPERATE ISSUED ON 31.7.2015 FROM THE OFFICE OF THE 2ND RESPONDENT TO THE 6TH PETITIONER. EXHIBIT P7 TRUE COPY OF THE CONSENT TO OPERATE ISSUED ON 16.8.2016 FROM THE OFFICE OF THE 2ND RESPONDENT TO THE 7TH PETITIONER. EXHIBIT P8 TRUE COPY OF THE CONSENT TO OPERATE ISSUED ON 25.4.2016 FROM THE OFFICE OF THE 2ND RESPONDENT TO THE 8TH PETITIONER. EXHIBIT P9 TRUE COPY OF THE CONSENT TO OPERATE ISSUED ON 17.10.2015 FROM THE OFFICE OF THE 2ND RESPONDENT TO THE 9TH PETITIONER. EXHIBIT P10 TRUE COPY OF THE CONSENT TO OPERATE ISSUED ON 19.4.2016 FROM THE OFFICE OF THE 2ND RESPONDENT TO THE 10TH PETITIONER. EXHIBIT P11 TRUE COPY OF THE CONSENT TO OPERATE ISSUED ON 19.4.2016 FROM THE OFFICE OF THE 2ND RESPONDENT TO THE 11TH PETITIONER.** **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 100 :** |**EXHIBIT P12**|**TRUE COPY OF THE CONSENT TO OPERATE ISSUED**| |---|---| ||**ON 3.5.2018 FROM THE OFFICE OF THE 2ND**| ||**RESPONDENT TO THE 12TH PETITIONER.**| |**EXHIBIT P13**|**TRUE COPY OF THE CONSENT TO OPERATE ISSUED**| ||**ON 28.4.2016 FROM THE OFFICE OF THE 2ND**| ||**RESPONDENT TO THE 13TH PETITIONER.**| |**EXHIBIT P14**|**TRUE COPY OF THE ONLINE RECEIPT DATED**| ||**11.12.2018 ISSUED TO THE FIRST PETITIONER BY**| ||**3RD RESPONDENT.**| |**EXHIBIT P15**|**TRUE COPY OF THE ONLINE RECEIPT DATED**| ||**10.12.2018 ISSUED TO THE 2ND PETITIONER BY**| ||**3RD RESPONDENT.**| |**EXHIBIT P16**|**TRUE COPY OF THE ONLINE RECEIPT DATED**| ||**10.12.2018 ISSUED TO THE 3RD PETITIONER BY**| ||**3RD RESPONDENT.**| |**EXHIBIT P17**|**TRUE COPY OF THE ONLINE RECEIPT DATED**| ||**10.12.2018 ISSUED TO THE 4TH PETITIONER BY**| ||**3RD RESPONDENT.**| |**EXHIBIT P18**|**TRUE COPY OF THE ONLINE RECEIPT DATED**| ||**4.12.2018 ISSUED TO THE 5TH PETITIONER BY**| ||**3RD RESPONDENT.**| |**EXHIBIT P19**|**TRUE COPY OF THE ONLINE RECEIPT DATED**| ||**11.12.2018 ISSUED TO THE 6TH PETITIONER BY**| ||**3RD RESPONDENT.**| |**EXHIBIT P20**|**TRUE COPY OF THE ONLINE RECEIPT DATED**| ||**11.12.2018 ISSUED TO THE 7TH PETITIONER BY**| ||**3RD RESPONDENT.**| |**EXHIBIT P21**|**TRUE COPY OF THE ONLINE RECEIPT DATED**| ||**10.12.2018 ISSUED TO THE 8TH PETITIONER BY**| ||**3RD RESPONDENT.**| |**EXHIBIT P22**|**TRUE COPY OF THE ONLINE RECEIPT DATED**| ||**12.12.2018 ISSUED TO THE 9TH PETITIONER BY**| ||**3RD RESPONDENT.**| |**EXHIBIT P23**|**TRUE COPY OF THE ONLINE RECEIPT DATED**| ||**8.12.2018 ISSUED TO THE 10TH PETITIONER BY**| ||**3RD RESPONDENT.**| |**EXHIBIT P24**|**TRUE COPY OF THE ONLINE RECEIPT DATED**| **W.P.(C).Nos.9155/2007, 16795, 18621, 18622, 19542, 22116, 22219, 22714, 23211, 23272, 23290, 24051, 24042, 28063 & 30135/2016, W.P.(C). Nos.576 & 35253/2017 & W.P.(C).No.41065/2018** **: 101 :** - **11.12.2018 ISSUED TO THE 11TH PETITIONER BY 3RD RESPONDENT.** - **EXHIBIT P25 TRUE COPY OF THE ONLINE RECEIPT ISSUED TO THE 12TH PETITIONER BY 3RD RESPONDENT DATED 3.12.2018.** - **EXHIBIT P26 TRUE COPY OF THE ONLINE RECEIPT DATED 13.12.2018 ISSUED TO THE 13TH PETITIONER BY 3RD RESPONDENT.** - **EXHIBIT P27 TRUE COPY OF THE ORDER DATED 3.12.2018 IN WPC.NO.9155/2007 ON THE FILE OF THE HON'BLE HIGH COURT OF KERALA.** - **EXHIBIT P28 TRUE COPY OF THE CONSENT TO OPERATE ISSUED ON 18.11.2018 FROM THE OFFICE OF THE 2ND RESPONDENT TO THE 14TH PETITIONER.** - **EXHIBIT P29 TRUE COPY OF THE ONLINE RECEIPT DATED 6.12.2018 ISSUED TO THE 14TH PETITIONER BY 3RD RESPONDENT.** **EXHIBIT P30** - **TRUE COPY OF THE NOTICE DATED 15.1.2019 ISSUED TO THE 9TH PETITIONER'S UNIT WITH ITS ENGLISH TRANSLATION.** ## **RESPONDENTS EXHIBITS: NIL.** ## **//TRUE COPY//** **P.S. TO JUDGE**