Kerala High Court
Subhash Kumar K. vs Shabna Kushe Shekhar on 14 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942
Con.Case(C).No.1865 OF 2020 IN WP(C). 15747/2019
AGAINST THE JUDGMENT IN WP(C) 15747/2019(P) OF HIGH COURT OF
KERALA
PETITIONER:
SUBHASH KUMAR K., AGED 46 YEARS
S/O. KUMARAN, INDEEVARAM HOSUE, P.O AROOR, KOZHIKODE
DISTRICT, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
RAJAN N.P., S/O. CHOYI, INDEEVARAM HOUSE, P.O. AROOR,
KOZHIKODE DISTRICT.
BY ADV. SRI.R.K.MURALEEDHARAN
RESPONDENTS:
1 SHABNA KUSHE SHEKHAR, AGED 36 YEARS
D/O. SHEKHARAN MINIYODAN, ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT
OFFICE, KOZHIKODE, 3RD FLOOR, ZAMORIN'S SQUARE, LINK
ROAD, KOZHIKODE-673 002.
2 SMITHA C.V., AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONER, ASSISTANT ENVIRONMENTAL ENGINEER, KERALA
STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,
KOZHIKODE, 3RD FLOOR, ZAMORIN'S SQUARE, LINK ROAD,
KOZHIKODE-673 002.
SRI.NAVEEN.T
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Con.Case(C).No.1865 OF 2020
2
JUDGMENT
Dated this the 14th day of January 2021
This contempt case has been filed on the allegation that
the directions in the judgment dated 16.11.2019, in W.P.(C)
No.15747/2019; and that in the order in R.P.No.1217/2019 in
the said writ petition, has not been complied with.
2. However, when this matter was called today,
Sri.T.Naveen, the learned standing counsel for the respondents
submitted that Annexure A5 order has been issued implicitly
in compliance of the directions of this Court, both in the writ
petition as well as in the review petition; and that this is
evident from the Minutes of the meeting of the Pollution
Control Board, namely Annexure R1(b). He submitted that it
is based on the said Minutes that the consent in favour of the
party respondent in the writ petition had been renewed and
therefore, that if the petitioner has any grievance against it, he
will have to challenge it appropriately. He, therefore, prayed
that this contempt case be closed.
3. The learned counsel for the petitioner, however,
submits that Annexure A5 was issued in blatant disregard of
the directions of this Court in the Review Petition, because the
Con.Case(C).No.1865 OF 2020
hearing was conducted on 12.12.2019 and that though it was
informed to the Authority that a review petition was pending,
Annexure A5 order has been issued on 16.12.2019. He,
therefore, prayed that necessary action against the
respondents be taken in this case.
4. As is evident from the afore narration, the allegation of
the petitioner is that Annexure A5 has been issued without the
respondents taking note of the directions in the order of this
Court in R.P.No.1217/2019. However, the stand of the
respondents is that even though the hearing was conducted on
the same day when the order in the review petition was issued,
they have considered all the aspects as has been directed
therein and that this is evident from Annexure A5 and
Annexure R1(b) Minutes of the proceedings.
5. It is thus obvious that there is a factual dispute
between the parties as to the manner in which Annexure A5
has been issued; and in any event of the matter, this Court is
incapacitated, while acting in the contempt jurisdiction, to look
into the merits of the said order.
I am, therefore, of the firm view that the petitioner must
impugn Annexure A5, if they are so interested, as per law and
Con.Case(C).No.1865 OF 2020
for which purpose, I leave open all contentions to be pursued
by him appropriately.
Sd/- DEVAN RAMACHANDRAN
Stu JUDGE
Con.Case(C).No.1865 OF 2020
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT IN WPC
NO.15747/2019 DATED 16.11.2019.
ANNEXURE A2 A TRUE COPY OF THE AFFIDAVIT FILED BY THE
IST RESPONDENT DATED 02.12.2019.
ANNEXURE A3 CERTIFIED COPY OF THE ORDER IN RP
NO.1217/2019 DATED 12.12.2019.
ANNEXURE A4 A TRUE COPY OF THE NOTICE ISSUED BY THE
IST RESPONDENT DATED 7.12.2019.
ANNEXURE A5 A TRUE COPY OF THE CONSENT TO OPERATE
16.12.2019 OBTAINED UNDER RTI ACT.
RESPONDENT'S EXHIBITS:
ANNEXURE R1(A) TRUE COPY OF THE COMMUNICATION DATED
7.12.2019 ISSUED BY THE 1ST RESPONDENT.
ANNEXURE R1(B) TRUE COPY OF THE MINUTES OF THE MEETING
DATED 12.12.2019.
ANNEXURE R1(C) TRUE COPY OF THE LETTER DATED 27.1.2020
REGARDING SOUND MONITORING.
ANNEXURE R1(D) TRUE COPY OF THE LETTER DATED 17.3.2020
SENT TO THE CHIEF ENVIRONMENTAL ENGINEER.
ANNEXURE R1(E) TRUE COPY OF THE LETTER DATED 22.6.2020
ISSUED BY THE CHIEF ENVIRONMENTAL
ENGINEER.
ANNEXURE R1(F) TRUE COPY OF THE LETTER DATED 18.12.2020
ISSUED BY THE 1ST RESPONDENT.
ANNEXURE R1(G) TRUE COPY OF THE SOUND MONITORING REPORT.
ANNEXURE R1(H) TRUE COPY OF THE AIR MONITORING REPORT.
