JUDGMENT

Dated this the 11th day of July 2022 This writ petition is filed by the petitioner seeking the following reliefs:

i) Issue a writ of mandamus or other appropriate writ or order directing the 4th respondent Grama Panchayat to grant sufficient time to renew the Ext.P1 license issued to the petitioner.

ii) issue a writ of mandamus or other appropriate writ or order directing the 2nd respondent to give time for producing the necessary permits and licenses from concerned authorities.

2. The basic contention advanced by the petitioner is that the petitioner was having consent and licence from the Forest as well as the Kerala State Pollution Control Board upto the year 2006 and 2012 respectively. Anyhow, on finding that the petitioner was carrying on with wood based industry, Ext.P5 notice dated 2.5.2016 was issued by the Pollution Control Board, which reads thus:

KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE (ERNAKULAM-II), PERUMBAVOOR

1ST FLOOR, MANNA RESIDENCY, M.C.ROAD, PERUMBAVOOR www.keralapcb.org --------------------------------------------------------------------------------------- ----- File No.PCB/DO2/EKM/GEN-10/2013 Date:02.05.2016 (DIRECTION UNDER SECTION 31A OF THE AIR (PREVENTION & CONTROL OF POLLUTION) ACT 1974)

WHEREAS M/S St.George Timber Industries, West Vengola, West Vengola P.O., Perumbavoor (Hereinafter referred to as “the industry”) situated in Vengola Grama Panchayath at Kunnathunadu taluk, Ernakulam district, comes under the purview of the Air (Prevention & Control of Pollution) Act 1981, the Water (Prevention & Control of Pollution ) Act 1974 and the Environment (Protection) Act 1986 and is bound to comply with the effluent/emission standards laid down there under.

WHEREAS the Government of Kerala have constituted the State Pollution Control Board as per Section 4 of the Water (Prevention &

Control of Pollution) Act 1974, WHEREAS Section 24 of the Water (Prevention & Control of Pollution) Act, no person shall knowingly cause or permit to enter any poisonous, noxious or polluting matter determined in accordance with such standard as may be laid down by the Board to enter (whether directly or indirectly) into any stream or sewer or on land, WHEREAS as per section 25/26 of the Water Prevention &

Control of Pollution) Act, 1974, it is required to obtain the consent of the Board to discharge any sewage or trade effluent into any stream or well or sewer or on land;

WHEREAS under Section 21 of the Air (Prevention & Control of Pollution) Act 1981, no person shall, without the prior consent of the State Pollution Control Board, establish or operate any industrial plant in an air pollution control area, WHEREAS the Government of Kerala, vide notification No.49835/G3/92/H&FWD dated 16-11-93 declared the entire state as air pollution control area in place of the seven demarcated areas existing till then, WHEREAS the Hon'ble Supreme Court of India vide the order dated 21.04.2014 in Case No.4858 of 2014 arising out of SLP(C)No.22856 of 2011 directed that no fresh license will be issued for saw mills and wood based industries in the area till the High Court decides;

WHEREAS the Hon'ble High Court of Kerala vide the order dated

17.03.2016 in W.P.(C)No.9155 of 2007 directed that immediate action shall be taken including closure of the industries which are running without valid license;

WHEREAS On scrutiny of your application for renewal it was noted that the consent fee remitted by you is not sufficient;

WHEREAS it has come to the notice of the Board that you are still operating the industrial plant without a valid consent of the Board and thereby violated the provisions of the section 25/26 of the Water (Prevention & Control of Pollution) Act 74 and Section 21 of the Air (Prevention & Control of Pollution) Act 1981.

NOW THEREFORE, in exercising the powers under Sections 31 A/33A of the Acts it is hereby directed that:

i) All operations and processes in the industry are to be temporarily closed down with immediate effect.

ii) C