Thottathil B.Radhakrishnan, J. 1. This writ appeal is against a judgment of the learned single Judge refusing to grant relief to the writ petitioner, who challenged Exts.P2 and P4. Ext.P2 is a notice issued by the Environmental Engineer of the Kerala State Pollution Control Board, “KPCB”, for short, proposing further action under statutory provisions on ground that the LPG godown is being operated without getting clearance of the KPCB. Ext.P4 is issued by the Grama Panchayat, primarily, on the premise that No Objection Certificate from the KPCB is necessary for the activity and the same has to be obtained and produced before the Panchayat.
2. We have heard the learned counsel for the appellant, the learned counsel for the Grama Panchayat, the learned standing counsel for the KPCB, the learned standing counsel for the Indian Oil WA 1036/14 -2-
Corporation and the learned Government Pleader on behalf of the sixth respondent.
The fundamental question will be whether NOC from KPCB is necessary for the purpose of LPG godowns, even in contradistinction to petroleum outlets, which are supplying petroleum products other than LPG cylinders. This is an issue which has to be, immediately, addressed by the Chairman of the KPCB. Under such circumstances, we direct the Chairman of the KPCB to consider whether consent to operate is needed from KPCB authorities to establish and run LPG godowns. As regards grant of NOC is concerned, appropriate decision can be taken and orders issued by the competent authority in the KPCB. Let this be done within a period of four weeks from the date of receipt of a copy of this judgment. The appellant/petitioner may also make any written submission, as may be required to be placed before the Chairman, KPCB. For the time being, status quo as regards the operations, if any, now going on in the unit will be permitted WA 1036/14 -3-
to continue, provisionally. The appellant/petitioner will produce the decision of the KPCB and NOC before the Panchayat for further action, in accordance with law. To pave way for this, the impugned judgment of the learned single Judge is vacated. This writ appeal is ordered accordingly.
(THOTTATHIL B.RADHAKRISHNAN, JUDGE) (BABU MATHEW P. JOSEPH, JUDGE) jg