WP(C) NO. 7580 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 7580 OF 2022
PETITIONER/S:
N.B.ROSHAN
AGED 62 YEARS
S/O LATE BHASKARAN, NARANAT HOUSE, DOOR NO.10/31,
EDAVANAKKAD P O, ERNAKULAM, PIN-682502.
BY ADVS.
BABU KARUKAPADATH
M.A.VAHEEDA BABU
P.U.VINODKUMAR
ARYA RAGHUNATH
VAISAKHI V.
P.LAKSHMI
RESPONDENT/S:
1 EDAVANAKKAD GRAMA PANCHAYATH
EDAVANAKKAD P O, ERNAKULAM, PIN-682502, REPRESENTED
BY ITS SECRETARY.
2 THE SECRETARY
EDAVANAKKAD GRAMA PANCHAYATH, EDAVANAKKAD P O,
ERNAKULAM, PIN-682502.
3 KERALA STATE POLLUTION CONTROL BOARD
X7FV+WV7, KADAVANTHARA, MIG AND HIG COLONY, GANDHI
NAGAR, ELAMKULAM, ERNAKULAM, KERALA-682020,
REPRESENTED BY ITS SECRETARY.
4 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD, X7FV+WV7,
KADAVANTHARA, MIG AND HIG COLONY, GANDHI NAGAR,
ELAMKULAM, ERNAKULAM, KERALA-682020.
5 APARNA G KRISHNAN
AGED 28 YEARS
W/O SHAMJITH, HOUSE NO.10/33, KANDARATH HOUSE,
WP(C) NO. 7580 OF 2022 2
EDAVANAKKAD P O, ERNAKULAM, PIN-682502.
6 SHANI
AGED 55 YEARS
S/O LATE KUMARAN, HOUSE NO. 10/33, KANDARATH HOUSE,
EDAVANAKKAD P O, ERNAKULAM, PIN-682502.
BY ADVS.
ABDUL RASHEED K I
M.B.SHYNI
JOHN K.GEORGE(K/0000142/1979)
OTHER PRESENT:
SRI.T.NAVEEN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7580 OF 2022 3
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 7580 of 2022
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Dated this the 24th day of June, 2022
JUDGMENT
The above writ petition is filed with following prayers :
i) issue a writ of certiorari or other appropriate writ or order or direction quashing Ext P6 to the extent to which it communicates that, action will be taken by the 1 st respondent panchayat against the illegal oil mill established and functioning by the 5th respondent without license in the premises and building owned by the 6th respondent only after final getting final report of the 3rd respondent.
ii) issue a writ of mandamus or other appropriate writ or order or direction commanding the respondents 1 to 4 to take further action against the oil mill run by the 5th respondent in pursuance to Exts P5 and P8 including issuance of stop memo so as to see that, the said oil mill no more functions in the premises and building owned by the 6th respondent;
iii) issue a writ of mandamus or other appropriate writ or order or direction commanding the respondents 1 to 4 to take all steps under the Panchayath Raj Act, to see that the 5th respondent is not running the oil mill in the premises and building owned by the 6th respondent without all the required licenses and permits;
iv) issue a writ of mandamus or other appropriate writ or WP(C) NO. 7580 OF 2022 4 order or direction commanding the respondents 1 to 4 to take action against the 5th and 6th respondents under the Kerala Panchayath Raj Act, Noise Pollution Regulation and Control Rules 2000, Air (Prevention and Control of Pollution) Act, 1974;
and
(v) Pass such other orders as this Hon'ble Court shall deem just." [SIC]
2. The petitioner is the owner of 16 cents of property situated within the jurisdiction of the 1st respondent-Panchayat.
The petitioner and his family comprising of his wife and 2 married sons are residing in the house having building No.10/31 issued by the 1st respondent- Panchayat. They are residing in that house from 1993 onwards with family. The grievance of the petitioner is that there is inaction on the part of respondent Nos. 1 to 4 in taking any further steps to stop functioning of the oil mill conducted by the 5 th respondent without license in the old, abandoned, unnumbered residential building owned by the 6th respondent modified illegally situated in his neighbourhood in spite of issuing Ext.P5 and P6. Hence, this writ petition.
3. Heard the learned counsel for the petitioner, learned Standing Counsel appearing for respondent Nos. 1 and 2. I also WP(C) NO. 7580 OF 2022 5 heard the learned Standing Counsel appearing for respondent Nos.3 and 4 and the learned counsel appearing for contesting respondents 5 and 6.
4. When this writ petition came up for consideration on 7.4.2022, this Court passed the following order :
"There will be an interim direction to the respondents 1 to 4 to ensure that the unit of the 5th respondent is functioning with trade licence. The counsel for the 5th respondent submits that 5th respondent has already obtained the licence and the renewal application is pending. In such a case, the direction will not in any way affect the consideration of the renewal application in accordance with law."
5. According to the contesting respondents, they are having all permits and licenses from all statutory authorities to conduct their establishment. On the other hand, the petitioner has got a grievance that there is pollution because of this establishment. The learned Standing Counsel appearing for respondent Nos.3 and 4 submitted that Ext.P8 notice was issued to the 5th and 6th respondents and subsequently, certain remedial measures were already taken. Thereafter, the Pollution Control Board authorities again inspected the property in the establishment and found that the sound level is more than WP(C) NO. 7580 OF 2022 6 prescribed. For that purpose also, certain measures were suggested to the 5th and 6th respondents. It is submitted that the 4th respondent will take follow up action. In the light of the same, nothing survives in this case.
Therefore, this writ petition can be disposed of with the following directions :
1) The order dated 7.4.2022 made absolute.
2) The 4th respondent will proceed in accordance to law based on Ext.P8 and do the follow up actions in accordance to law, after giving an opportunity of hearing to the petitioner and respondent Nos. 5 and 6 to see that there is no pollution.
SD/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 7580 OF 2022 7 APPENDIX OF WP(C) 7580/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LICENSE NO.229/2020-21 DATED 25.08.2020 ISSUED BY THE 1ST RESPONDENT PANCHAYAT TO THE 5TH RESPONDENT.
Exhibit P2 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER ON 15.03.2021 BEFORE THE 2ND RESPONDENT AS A REMINDER TO THE EARLIER COMPLAINT SUBMITTED BY THE PETITIONER ON 04.03.2021.
Exhibit P3 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER ON 27.03..2021 TO THE 3RD RESPONDENT.
Exhibit P4 A TRUE COPY OF THE REPLY NO.A3-2922/21 DATED 05.07.2021 RECEIVED BY THE PETITIONER TO HIS APPLICATION DATED 21.06.2021 UNDER THE RTI ACT FROM THE OFFICE OF THE 1WT RESPONDENT WITH REGARD TO THE LICENSE ISSUED TO THE 5TH RESPONDENT FOR RUNNING THE OIL MILL.
Exhibit P5 A TRUE COPY OF THE NOTICE NO.PBC/EKM/DO-
1/GEN-28/2021 DATED 13.07.2021 ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT, INTER ALIA DIRECTING HER TO RE-CONSTRUCT THE SURROUNDING WALLS OF THE MILL WITH CEMENT AND BRICKS AND ALSO DIRECTING TO REPORT THE SAME AFTER COMPLIANCE OF THE SAID DIRECTIONS WITHIN 15 DAYS.
Exhibit P6 A TRUE COPY OF THE COMMUNICATION NO.A5-
2341/21 DATED 05.08.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER INTER ALIA STATING THAT THE PANCHAYAT SHALL PASS A FINAL ORDER IN THE MATTER ONLY BASED ON THE FINAL REPORT OF THE 3RD RESPONDENT BOARD.
Exhibit P7 A TRUE COPY OF THE COMPLAINT DATED WP(C) NO. 7580 OF 2022 8 24.08.2021 FILED BEFORE THE 4TH RESPONDENT ENVIRONMENTAL ENGINEER OF THE 3RD RESPONDENT BOARD.
Exhibit P8 A TRUE COPY OF THE SHOW CAUSE NOTICE PCB/EKM/DO-1/GENERAL-28/21 DATED 14.12.2021 ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT.
Exhibit P9 TRUE COPIES OF THE PHOTOGRAPHS OF THE OIL MILL OF THE 5TH RESPONDENT CONDUCTED IN THE UNNUMBERED OLD RESIDENTIAL BUILDING OF THE 6TH RESPONDENT TAKEN FROM THE PREMISES OF THE PETITIONERS PROPERTY.