IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 30925 OF 2021
PETITIONER:
KUNHIMOOSA
AGED 62 YEARS
S/O. KUNHIMAMMU, RESIDING IN THE ADDRESS
MANIKOTH HOUSE, ANIYARAM, CHOKLI P.O.,
KANNUR DISTRICT-670 672
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE SECRETARY TO THE GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM P.O.,
THIRUVANANTHAPURAM DISTRICT-695 001
2 THE CHOROD GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
P.O.CHOROD, VADAKARA,
KOZHIKODE DISTRICT-673 106
3 THE SECRETARY,
CHOROD GRAMA PANCHAYATH, P.O. CHOROD, VADAKARA,
KOZHIKODE DISTRICT-673 106
4 KERALA STATE POLLUTION CONTROL BORAD
DISTRICT OFFICES, KOZHIKODE,
REP., BY ITS ENVIRONMENTAL ENGINEER,
HAVING OFFICE AT 3RD FLOOR, ZAMORAN'S SQUARE,
LINK ROAD, KOZHIKODE DISTRICT - 673002.
5 SURENDRAN
AGED 61, S/O.ACHUTHAN,
RESIDING IN THE ADDRESS CHERUVATH HOUSE,
P.O. CHOROD, VADAKARA,
KOZHIKODE DISTRICT -673 106.
WP(C) NO. 30925 OF 2021
2
BY ADVS.
T.SETHUMADHAVAN (SR.)
B.KRISHNAN
R.PARTHASARATHY
PREETHI. P.V.
M.V.BALAGOPAL
SRI. NAVEEN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 30925 OF 2021
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 30925 of 2021
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Dated this the 06th day of July, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
"(i) Call for the records leading to Exts P12 and P13 and may be pleased to issue a writ of certiorari to quash the same.
(ii) Issue a writ of mandamus or any other appropriate writ order or direction commanding the respondents 3 and 4 to make appropriate suitable site inspection with notice to the petitioner and on the basis of the same to determine all the disputed issues and conduct an enquiry and decide the same in an appropriate time as may be fixed by this Hon'ble court in the interest of justice
(iii) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant."[SIC]
2. The petitioner and the 5th respondent are partners of a firm which runs a hotel, with a super market and a bakery attached to it. It is the case of the petitioner that the owner of the building is the 5 th WP(C) NO. 30925 OF 2021 4 respondent and since he is unable to have reliefs obtained from the civil court for getting vacant possession he has employed certain tactics by alleging pollution in the premises. Notices were issued to the petitioner by the Pollution Control Board. Ext.P12 is the notice issued by the State Pollution Control Board and Ext.P13 is the consequential notice issued by the Panchayath. These two notices are challenged in this writ petition.
3. When this writ petition came up for consideration on 31.12.2021, this Court was pleased to stay the operation of Exts.P12 and P13 for a period of one month. It was regularly extended thereafter. When the matter came up for consideration on 07.06.2022, this Court modified the order and extended the interim order on condition that the petitioner will cure the defects in Exts.P12 and P13. Again the interim order was extended subsequently on two occasions. When the matter came up for consideration on 28.06.2022, this Court passed the following order:
WP(C) NO. 30925 OF 2021 5 "Interim order will stand extended till 6/7/2022. In the meanwhile, the Pollution Control Board will file a statement whether the conditions in Exts.P12 and P13 are complied with, by the petitioner. If it is not complied with, Pollution Control Board will take appropriate action, in accordance with law."
4. This Court directed the Pollution Control Board to file a statement whether the conditions in Exts.P12 and P13 are complied with by the petitioner. It is also stated that, if it is not complied with, the Pollution Control Board will take appropriate action in accordance with law. Today, the learned Standing counsel appearing for the Pollution Control Board submitted that, when the officials of the Pollution Control Board reached the premises, the hotel was closed and therefore, the inspection was not conducted. The counsel appearing for the 5th respondent submitted that the hotel is now closed. The counsel appearing for the petitioner submitted that he will make arrangements to the Pollution Control Board to inspect the premises.
If that is the case, the writ petition itself can be WP(C) NO. 30925 OF 2021 6 disposed of in the following manner:
i. The 4th respondent will inspect the premises of the petitioner and find out whether the conditions prescribed in Ext.P12 are complied with by the petitioner. Before inspection, the 4 th respondent should give notice to the petitioner and the 5th respondent.
ii. Based on the inspection, the 4 th respondent will pass appropriate orders in accordance to law, if no consent is obtained by the petitioner.
iii. Till final orders are passed as directed above, the interim order which is modified on 07.06.2022 will continue in force.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 30925 OF 2021 7 APPENDIX OF WP(C) 30925/2021 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE PLAINT IN OS NO.151 OF 20 ON THE FILE OF THE MUNSIFF COURT, VADAKARA DATED 2.12.2020 EXHIBIT P2 A TRUE COPY OF THE PLAINT IN OS NO.61 OF 21 ON FILED OF THE SUB COURT, VADAKARA DATED 20.10.2021 EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DELIVERED BY THIS HON'BLE COURT IN WPC NO.29674 OF 18 DATED 27.11.18 EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DELIVERED IN WPC NO.12573 OF 19 DATED 14.6.19 BY THIS HON'BLE COURT EXHIBIT P5 A TRUE COPY OF THE LICENSE ISSUED TO THE PETITIONER DATED 1.4.20 BY THE THIRD RESPONDENT EXHIBIT P6 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED NIL EXHIBIT P7 A TRUE COPY OF THE RECEIPT ISSUED BY THE POSTAL AUTHORITY FOR ISSUANCE OF APPLICATION FOR RENEWAL DATED 30.3.2021 EXHIBIT P8 A TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE ASSISTANT LABOUR OFFICER, VADAKARA DATED 27.8.20 EXHIBIT P9 A TRUE COPY OF THE LETTER GIVEN BY THE PETITIONER TO THE TALUK TAHSILDAR LAND ACQUISITION NATIONAL HIGHWAY VADAKARA DIVISION, KOZHIKODE DATED 9.10.21 EXHIBIT P10 A TRUE COPY OF THE COVER OF THE LETTER ISSUED AS REGISTERED AD ISSUED DATED NIL WP(C) NO. 30925 OF 2021 8 EXHIBIT P11 A TRUE COPY OF THE COMMUNICATION FROM THE GOVERNMENT FAMILY HEALTH CENTRE, CHOROD TO THE 3RD RESPONDENT PANCHAYATH DATED 15.12.21 EXHIBIT P12 A TRUE COPY OF THE COMMUNICATION BY THE FOURTH RESPONDENT DATED 3.12.21 EXHIBIT P13 A TRUE COPY OF THE NOTICE ISSUED BY THE THIRD RESPONDENT DATED 22.12.21 EXHIBIT P14 A TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER DATED 24.12.21 EXHIBIT P15 A TRUE COPY OF THE RECEIPTS ISSUED BY THE FOURTH RESPONDENT DATED 20.4.2021 AND 28.10.2021 RESPONDENT EXHIBITS EXHIBIT R5 A TRUE COPY OF THE AGREEMENT BETWEEN THE 5TH RESPONDENT AND PETITIONER DATED 10/7/2017 EXHIBIT R5 B TRUE COPY OF THE LETTER DATED 15/6/2020 FROM 5TH RESPONDENT TO THE PETITIONER WITHDRAWING FROM PARTNERSHIP BUSINESS ACCEPTED BY PETITIONER.
EXHIBIT R5 C TRUE COPY OF THE STATEMENT OF ACCOUNTS OF MONEY RECEIVED SPECIFYING THE ACCOUNTS EXHIBIT R5 D TRUE COPY OF THE INTERIM ORDER DATED 15/12/2021 PASSED IN WPC NO.28928/2021 BY THIS HON'BLE COURT RESPONDENT'S EXHIBITS: NIL //TRUE COPY// PA TO JUDGE