Administrative authority cannot revoke a license on environmental grounds if compliance is certified by relevant authorities.

JUDGMENT

This writ petition is filed seeking the following reliefs:

“i)issue a writ of certiorari or other appropriate writ quashing Ext-P15 Stop Memo dated 06.11.2025 and Ext-P16 communication dated 07.11.2025.

ii) issue a writ of mandamus directing the 1^st respondent to permit operation of the petitioner’s unit under valid licences and PCB consent.

iii) declare that the Panchayat has no jurisdiction to suspend or revoke the licence on environmental grounds once PCB has confirmed compliance.

iv) grant such other reliefs as deemed fit by this Hon’ble Court” [SIC]

2. The petitioner challenged Exts.P15 and P16.

Ext.P15 is a stop memo issued by the 1^st respondent, Vadakarapathy Grama Panchayat, Palakkad. Ext.P16 is a proceedings of the Secretary of the same Panchayat. 3. When this Writ Petition came up for consideration on 04.12.2025, this Court passed the following order:

“The 2^nd respondent – Environmental Engineer will inspect the premises of the petitioner and find out whether there is any pollution either by smell or smoke. To facilitate the inspection, the petitioner will make necessary arrangements to open the unit.

The 2nd respondent shall file a report before this Court after inspecting the premises, within three weeks.”

4. As directed by this Court, the Environmental Engineer, Pollution Control Board inspected the premises of the petitioner and submitted a report before this Court. It will be better to extract the relevant portion of the report:

“4. It is submitted that this Hon’ble Court vide intereim order dated 04.12.2025 directed this respondent to inspect the premises of the petitioner and find out whether there is any pollution either by smell or smoke. In compliance with the above interim Order of this Hon'ble Court, an inspection was conducted by the Board officials on 17/12/25 in the petitioner's unit. The unit was working at the time of inspection. Around 10 tons of fresh fish were stored and loading of fresh fish was ongoing in the unit. The boiler and air pollution control devices such as dust collector, water scrubbing facility provided in the boiler were also working during the inspection. The unit has installed a new evaporator cum condenser unit to reduce smell and power consumption. Vapors from the cooker and drier is now fed to this unit before further treatment in ETP /bio filter. ETP and Bio filter were working during inspection. Inspection outside the premises was also conducted. No foul smell or smoke were felt outside the premises at the time of inspection.”

5. In the above report, it is stated that, after inspection, no foul smell or smoke were felt outside the premises of the petitioner. In the light of the above report, the Panchayat has to reconsider the matter. The impugned orders can be set aside and there can be a direction to reconsider the matter in the light of the report submitted by the Environmental Engineer.

Therefore, this Writ Petition is disposed of with the following directions:

1. Exts.P15 and P16 are set aside.

2. The 1^st respondent Panchayat is directed to reconsider the matter after hearing the petitioner and the affected parties, in accordance with law, in the light of the report submitted before this Court by the Environmental Engineer, Kerala State Pollution Control Board on 05.01.2026, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE nvj

Exhibit -P2 TRUE COPY OF THE NO OBJECTION CERTIFICATE FROM THE