RAHUL S vs AL JABAL

Page 1 of 3 Item No.01:- BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Wednesday, the 18th day of September 2024. (Through Video Conference) Original Application No.34 of 2023(SZ) IN THE MATTER OF: Rahul.

S S/o.

Sukumaran Thachancode House, Naduvathapara, Perungottukurissi, Palakkad - 678 574. …Applicant(s) Versus 1) Al –Jabal Rep by Mr.

Salih Rahiman @ Abdul Salih 166/9, Chettyankad, Naduvathapara, Perungottukurrisi, Palakkad - 678 574.

2) Mr.

Salih Rahiman @ Abdul Salih Proprietor Al-Jabal Aniyathkundu, Naduvathapara, Perungottukurrisi, Palakkad - 678 574.

3) Mr.

Saleem @ Abdul Rahiman Aniyathkundu, Naduvathapara, Perungottukurrisi, Palakkad - 678 574.

4) The District Collector - Palakad Civil Station, Palakad -678 001.

5) The Chief Conservator of Forest – Northern Region & Palakkad Aranya Bhavan, Olavakode Palakkad - 678 002.

6) Department of Industries & Commerce Rep. by its District Officer, Behind Civil Station, Palakkad – 678 001.

7) Perungottukurrisi Grama Panchayath Rep. by its Secretary, Perungottukurrisi, Palakkad – 678 574.

Page 2 of 3 8) Kerala State Pollution Control Board, Rep. by its District Officer, Palakkad District Office, Near District Panchayath Office, Palakkad – 678 001. ...Respondent(s) For Applicant(s): M/s.

K.R.

Harin, K.

Muralidharan & R.

Roshini (None appeared) For Respondent(s): M/s.

Satheesh Kumar & Santhosh Kumar for R1 to R3.

Mr.

G.

Vignesh represented Mr.

E.K.

Kumaresan for R4 to R6.

M/s.

R.Vasudevan, G.Jeevitha & V.Anishraj for R7.

Mrs.

V.K.

Rema Smrithi for R8.

CORAM: HON’BLE Smt.

JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE Dr.

SATYAGOPAL KORLAPATI, EXPERT MEMBER JUDGMENT 1.

The prayer in this Original Application is to restrain Respondents No.1, 2 and 3 herein from establishing and operating their industrial unit for manufacturing plastic chips, as they do not have valid permissions and licenses under the environmental laws.

2.

After admitting the matter on 31.03. on 31.03.2023, notices were issued to the respondents.

Upon notice, the private as well as the official respondents have entered appearance through their counsel and filed their respective pleadings.

3.

Surprisingly, the applicant has been represented through the counsel on a few hearings only viz., 31.03.2023, 08.05.2023 and 04.08.2023.

4.

Even, on 09.12.2023, there was no representation for the applicant and this Tribunal adjourned the matter to 12.12.2023 with a warning to the applicant that if he does not appear on the next date of hearing (i.e.

12.12.2023), the matter will be dismissed for default.

Page 3 of 3 5.

After that also, there has been no representation for the applicant either in person or through the counsel.

6.

Finally, the matter was taken up on 09.08.2024 and since there is no representation for the applicant, the matter is adjourned to 18.09.2024 (i.e. today) and listed under the caption “For Dismissal”.

7.

Despite granting several opportunities for the applicant, the applicant has not shown up even today either in person or through their counsel.

8.

Hence, this Original Application [O.A.

No.34 of 2023 (SZ)] is dismissed for non-prosecution.

Sd/- Smt.

Justice Pushpa Sathyanarayana, JM Sd/- Dr.

Satyagopal Korlapati, EM O.A.

No.34/2023(SZ) 18th September, 2024.

AD.