BEFORE THE NATIONAL GREEN TRIBUNAL

SOUTHERN ZONE, CHENNAI

Application No.76 of 2014 (SZ)

W.P.No.31003 of 2009 (High Court of )

In the matter of

Abu K.A.Kavungal House Pulloorampara Thiruvampady District ....Applicant And

1. Mr.Joseph, Thekkilakattu Pulloorampara, , Kozhikode Dist.

2. Mr.Jose, Edavanaparambil, Pulloorampara, Thiruvambady, Kozhikode Dist.

3. Mr.Vince James, Vazhapadavil House, Pulloorampara, Thiruvambady, Kozhikode Dist.

4. Mr.Suresh, Kizhekkethil House, Pulloorampara, Thiruvambady, Kozhikode Dist.

5. Thiruvambady Grama Panchayath Rep. by Secretary, Thiruvambady Grama Panchayath. Thiruvambady , Pin 673 603

6. Environmental Engineer, Pollution Control Board, District Office Zamorino Square, Kozhikode 673 002

7. District Collector, Kozhikode

8. District Medical Officer, Kozhikode .. Respondents

Counsel appearing for the applicant:

M/s.Pulikool Abubacker Sudheesh A

Counsel appearing for the Respondents:

Mr.Babu Joseph Kuruvathazha for R1 to R3 Mr.K.R.Harin for R5 Mr.M.Ajay and Rema Smrithi for R6 Smt. Suvitha A.S. for R7 & R8

O R D E R

Present

Hon’ble Shri Justice Dr.P. Jyothimani, Judicial Member

Hon’ble Prof.Dr.R. Nagendran, Expert Member

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11th September, 2015

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We have heard the learned counsel appearing for the applicant as well as respondents.

On the factual matrix it is stated that the 4th respondent is not running piggery unit as on date.

There is no prayer in so far as the 4th respondent is concerned.

2. The learned counsel for the respondents 1 to 3 would submit that they have got ‘consent to operate’ from the State Pollution Control Board. The documents are also produced before the

Tribunal to substantiate the same. According to him, there are no complaints from any one and there was no violation of any of the conditions subject to which ‘consent to operate’ was granted. The learned counsel also undertakes that the conditions will be strictly followed and in the event of the State Pollution Control Board finding that there is breach of condition, it is always open to the State Pollution Control Board to take appropriate action in the manner known to law.

3. The learned counsel appearing for the 5th respondent would submit that all the 3 units are functioning without necessary licence from the Panchayat. Out of the 3 respondents, only one respondent has filed application which could not be processed due to the pendency of this application. The other two respondents have not made any application at all. It is his submission that these three respondents alone are running the units without any licence from the Panchayat. The learned counsel appearing for the respondent Nos.1 to 3 would submit that as per the provisions of Section 230, & 324 of 1994 of Kerala State Panchayat Act when an application is made and if within 30 days the same is not processed by the Panchayat after the expiry of statutory period, licence is deemed to be granted, however, subject to the condition that necessary fees are paid. However, he would submit that in respect of of those applicants who have not applied, such application will be filed within one week from today which can be processed by the Panchayat and orders of granting licence will be passed.

4. In view of the said submission made by the respective counsel, we dispose of the application with a direction to the State Pollution Control Board to inspect all the units of respondent Nos.1 to 3 and find out as to whether the conditions are scrupulously followed. We make it clear that if any of the conditions are not followed, the State Pollution Control Board shall take prompt action either by closing the Units or by imposing any stringent condition as necessary in accordance with law.

In so far as it relates to the licence by the Panchayat, the pending application in respect of any of the respondents shall be considered by the Panchayat and appropriate orders would be passed for granting licence within a period of 10 days from today.

5. Regarding the respondents who have not made any application as submitted by the learned counsel for the applicant, such application must be made within a period of one week from today and on receipt of such application, the Panchayat shall process the application and pass appropriate orders for granting licence subject to various conditions in accordance with law.

Such orders shall be passed by Panchayat within a period of 30 days from the date of receipt of the application.

With the above direction, the application stands disposed of. No cost

Justice Dr.P. Jyothimani Judicial Member

Prof.Dr.R.Nagendran Expert Member