IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(C) NO. 21567 OF 2011
PETITIONER/S:
V.HARIHARAN,
IRUNILAMKODE, MULLURKARA,
THRISSUR DISTRICT - 680 583.
BY ADVS.
SRI.BINOY VASUDEVAN
SMT.P.G.BABITHA
RESPONDENT/S:
1 THE MULLURKARA GRAMA PANCHAYAT & ORS.
REPRESENTED BY ITS SECRETARY,
MULLURKARA P.O.,
THRISSUR DISTRICT - 680 583.
2 THE SECRETARY
MULLURKARA GRAMA PANCHAYATH,,
MULLURKARA P.O.,
THRISSUR DISTRICT - 680 583.
3 THE KERALA STATE POLLUTION CONTROL
BOARD, REPRESENTED BY ITS SECRETARY,,
HEAD OFFICE, PATTOM,
THIRUVANANTHAPURAM - 695 004.
4 THE ENVIRONMENT ENGINEER
KERALA STATE POLLUTION CONTROL BOARD,,
DISTRICT OFFICE, POONKUNNAM P.O.,,
THRISSUR - 680 001.
5 P.RAVEENDRAN PROPRIETOR
WATERLINE PIPES, IRUNILAMKODE P.O.,,
MULLURKARA, THRISSUR DISTRICT 680 583.
BY ADVS.
SRI.PRAMOD J.DEV
SRI.T.RAJASEKHARAN NAIR
-2-
W.P.(C). No. 21567 of 2011
OTHER PRESENT:
SRI.T.NAVEEN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
W.P.(C). No. 21567 of 2011
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 21567 of 2011
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Dated this the 27th day of July, 2022
JUDGMENT
The above writ petition is filed with following prayers:
"A. Issue a Writ of Mandamus or other appropriate Writs, orders or directions commanding the second respondent to enforce Exhibit P-8 Stop Memo, if necessary with the assistance of the police and to see that the 5th respondent is not running the unit without the statutory permissions.
B. Issue a Writ to declare that the 5 th respondent is not entitled to run the unit without obtaining statutory permissions.
C. Render such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." (sic)
2. The petitioner is aggrieved by the inaction on the part of the 5th respondent in running an industrial unit without obtaining the consent to operate from the Kerala State Pollution Control Board as well as the mandatory licences from the -4- W.P.(C). No. 21567 of 2011 Grama Panchayat. It is the case of the petitioner that after several complaints by the local residents including the petitioner, Ext.P8 stop memo was issued. The 5 th respondent is not respecting the stop memo and the 2nd respondent is not taking any steps to enforce the stop memo. Aggreived by the same, this writ petition is filed.
3. Heard the counsel for the petitioner and the Standing Counsel appearing for the Panchayat.
4. The Standing Counsel appearing for the 1st and 2nd respondents submitted that an appeal was pending before the Committee against the stop memo. But if the stop memo became final, it is the duty of the respondents 1 and 2 to implement the same, in accordance to law. If the 5 th respondent is not having sufficient licences and the consent to operate from the Pollution Control Board, the 5th respondent has no authority to continue with the unit.
-5-W.P.(C). No. 21567 of 2011 Therefore, this writ petition is disposed of in the following manner:
1. The 2nd respondent is directed to enforce the stop memo, if it became final and if it is not modified or varied by any competent authority.
2. It is made clear that if the 5 th respondent is having sufficient licence and permits, including the consent to operate from the Pollution Control Board, the 5 th respondent is free to conduct the industrial unit.
sd/-
P.V.KUNHIKRISHNAN JUDGE das -6- W.P.(C). No. 21567 of 2011 APPENDIX OF WP(C) 21567/2011 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE APPLICATION FOR LICENSE SUBMITTED BY THE 5TH RESPONDENT DATED 08.05.2009 Exhibit P3 TRUE COPY OF THE INTERIM ORDER DATED 03.03.2010 IN WPC NO.6755/2010 Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 15.03.2010 IN WPC NO.6755/2010 Exhibit P5 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE 4TH RESPONDENT BEFORE THE APPELLATE AUTHORITY Exhibit P6 TRUE COPY OF THE ORDER DATED 17.12.2010 OF THE APPELLATE AUTHORITY Exhibit P7 TRUE COPY OF THE REPORT OF MEDICAL OFFICER Exhibit P8 TRUE COPY OF THE STOP MEMO DATED 06.04.2011 Exhibit P9 TRUE COPY OF THE COMMUNICATION DATED 27.04.2011 ISSUED TO THE 4TH RESPONDENT BY THE 2ND RESPONDENT Exhibit P10 TRUE COPY OF THE REPORT DATED 12.04.2011 SUBMITTED BY THE SECOND RESPONDENT TO THE STATE HUMAN RIGHTS COMMISSION Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 06.07.2011 IN WPC NO.14064/2011 PASSED BY THE HON'BLE COURT Exhibit P12 TRUE COPY OF THE QUESTION AND THE REPLY RECEIVED UNDER THE RIGHT TO INFORMATION ACT RESPONDENT'S EXHIBITS Exhibit R1(A) TRUE COPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE FIFTH RESPONDENT BEFORE THE MULLURKARA GRAMA PANCHAYAT COMMITTEE -7- W.P.(C). No. 21567 of 2011 Exhibit R5-1 TRUE COPY OF THE SAID CONSENT TO ESTABLISH ISSUED BY THE POLLUTION CONTROL BOARD Exhibit R5-2 TRUE COPY OF THE NOC ISSUED BY THE DISTRICT MEDICAL OFFICER OF THE HEALTH TO THIS RESPONDENT Exhibit R5-3 TRUE COPY OF THE JUDGMENT IN WPC NO.6755/2010 PASSED BY THIS COURT Exhibit R5-4 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE 2ND RESPONDENT BEFORE THE APPELLATE AUTHORITY Exhibit R5-5 TRUE COPY OF THE ORDER PASSED BY THE APPELLATE TRIBUNAL IN APPEAL NO.2/2010 DATED 17.12.2010 Exhibit R5-6 TRUE COPY OF THE JUDGMENT IN WPC NO.14064/2011 PASSED BY THIS COURT Exhibit R5-7 TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE POLLUTION CONTROL BOARD Exhibit R5-8 TRUE COPY OF THE JUDGMENT IN RP NO.636/2011 IN WPC NO.14064/2011 PASSED BY THIS COURT Exhibit R5-9 TRUE COPY OF THE JUDGMENT IN WPC NO.26843/2009 PASSED BY THIS COURT Exhibit R5-10 TRUE COPY OF THE APPEAL SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 1ST RESPONDENT ANNEXURE R4(A) TRUE COPY OF THE CONSENT TO ESTABLISH ISSUED TO THE 5TH RESPONDENT ANNEXURE R4(B) TRUE COPY OF THE COMPLAINTS DTD 4.3.2011 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT ANNEXURE R4(C) TRUE COPY OF THE NOTICE NO.PCB/TSR/1C/1768/2010 DTD 2.1.2010 OF THE 4TH RESPONDENT ANNEXURE R4(D) TRUE COPY OF THE LETTER DTD 27.1.2010 FROM THE 5TH RESPONDENT TO THE 4TH RESPONDENT ANNEXURE R4(E) TRUE COPY OF THE REFUSAL OF CONSENT TO OPERATE ORDER NO.PCB/TSR/1C/1768/2010 DTD 2.3.2010 -8- W.P.(C). No. 21567 of 2011 ANNEXURE R4(F) TRUE COPY OF THE CONSENT TO OPERATE NO.PCB/DO/TCR/F/ICO/1900/2010 DTD 4.8.2011 ISSUED TO THE 5TH RESPONDENT