Johnson vs The State Of Kerala
2021 Latest Caselaw 14772 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
     THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                        WP(C) NO. 9077 OF 2021
PETITIONER:

          JOHNSON
          AGED 44 YEARS
          S/O. CHACKO, KALLUVILA JOHNSON COTTAGE, KANNANELLUR
          P.O, MUKHATHALA, KOLLAM 691 576

          BY ADV G.SREEKUMAR (CHELUR)



RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, LOCAL
          SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM DISTRICT PIN CODE 695 001

    2     THE EDAMULACKAL GRAMA PANCHAYATH
          REPRESENTED BY ITS SECRETARY, EDAMULAKAL P.O, KOLLAM
          DISTRICT PIN CODE 691 306

    3     THE KERALA STATE POLLUTION CONTROL BOARD,
          KOLLAM DISTRICT OFFICE, REPRESENTED BY ITS
          ENVIRONMENTAL ENGINEER, USHUS BUILDING, BIG BAZAR,
          KOLLAM P.O, PIN CODE 691 001

          BY ADV MANOJ RAMASWAMY

          BY GOVT.PLEADER:SRI.RAVI KRISHNAN




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                     2
WP(C) NO. 9077 OF 2021




                            JUDGMENT

By this writ petition, the petitioner challenges Ext.P27

notice issued by the 2nd respondent calling upon the

petitioner to close down the piggery run by the petitioner.

It is contended that the petitioner did possess a consent

from Pollution Control Board - 3 rd respondent and also from

the 2nd respondent Panchayat but, had expired. The

petitioner has submitted applications before the 3 rd

respondent - Pollution Control Board for renewal of the

consent and also before the Panchayat for issuance of

licence, submits the learned counsel for the petitioner.

2. The learned Standing Counsel appearing for the

3rd respondent - Pollution Control Board submits that the

application for renewal of consent from the Board has been

granted.

3. It appears that the proceedings against the

petitioner have been initiated on complaints from the local

Public.

WP(C) NO. 9077 OF 2021

Considering the entire facts and circumstances, I

dispose of this writ petition directing the 2 nd respondent to

consider the application for issuance of licence (Ext.P28)

submitted by the petitioner, with due notice to and on

affording an opportunity of hearing to the petitioner as well

as the complainants referred to in Ext.P27 notice issued by

the Panchayat. It shall be open for the Panchayat to require

the 3rd respondent - Pollution Control Board to inspect the

premises in question and ascertain whether the conditions

imposed in the consent are being complied with and

whether they are sufficient enough to abate pollution and

nuisance. If further conditions need to be imposed, the

same shall be done by the 3 rd respondent. Let orders be

passed within a period of one month from the date of

receipt of a copy of this judgment. In the meanwhile, no

coercive steps shall be taken in relation to the piggery in

question.

Sd/-

SATHISH NINAN

JUDGE

rsr

WP(C) NO. 9077 OF 2021

APPENDIX OF WP(C) 9077/2021

PETITIONER ANNEXURE

EXHIBIT P1 A TRUE COPY OF THE DOCUMENT EXECUTED BY ONE MALLIKA DATED 20-09-2017 IN FAVOUR OF THE PETITIONER.

EXHIBIT P2 A TRUE COPY OF THE DOCUMENT EXECUTED BY ONE SANDHYA S NAIR DATED 17-09-2017 IN FAVOUR OF THE PETITIONER.

EXHIBIT P3 A TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOLLAM, DATED 14-2-2018 TO THE PETITIONER.

EXHIBIT P4 A TRUE COPY OF THE APPLIATION SUBMITTED BY THE PEITTIONER BEFORE THE SECOND RESPONDENT DATED 7-3-2018

EXHIBIT P5 A TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT DATED 1-3-2018 TO THE PETITIONER.

EXHIBIT P6 A TRUE COPY OF THE FURTHER RECEIPT ISSUED BY THE SECOND RESPONDENT DATED 1-3-2018 TO THE PETITIONER.

EXHIBIT P7 A TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT DATED 7-3-2018 TO THE PETITIONER.

EXHIBIT P8 A TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER DATED 1-3-2018.

EXHIBIT P9 A TRUE COPY OF THE REPLY OF THE PETITIONER DATED NIL TO THE 2ND RESPONDENT

EXHIBIT P10 A TRUE COPY OF THE COMMUNICATION SERVED AT THE INSTANCE OF THE SECOND RESPONDENT TO THE PETITIONER DATED 9-3-2018

WP(C) NO. 9077 OF 2021

EXHIBIT P11 A TRUE COPY OF THE REPLY OF THE PETITIONER DATED 15-3-2018 TO THE 2ND RESPONDENT

EXHIBIT P12 A TRUE COPY OF THE APPLIATION SUBMITTED BY THE PETITIONER FOR REGULARIZATION, WHICH IS AN E FILING APPLICATION DATED NIL TO THE 2ND RESPONDENT.

EXHIBIT P13 A TRUE COPY OF THE STOP MEMO IS PASTED IN THE PREMISES DATED 20-03-2018 BY THE 2ND RESPONDENT.

EXHIBIT P14 A TRUE COPY OF THE JUDGMENT DELIVERED IN WPC NO 10467 OF 2018 DATED 2-4-18 BY THIS HON'BLE COURT.

EXHIBIT P15 A TRUE COPY OF THE RECEIPT ISSUED BY THE POLLUTION CONTROL BOARD DATED 1-7-2020 TO THE PETITIONER.

EXHIBIT P16 A TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT DATED 30-03-2021 TO THE PETITIONER.

EXHIBIT P17 A TRUE COPY OF THE REPORT OF INSPECTION CARRIED OUT ON 24-4-2018 BASED ON THE JUDGMENT DELIVERED AS EXT-P4 AND SIGNED BY THE INSPECTION TEAM ISSUED TO THE PETITIONER.

EXHIBIT P18 A TRUE COPY OF THE ORDER OF THE SECOND RESPONDENT ISSUED TO THE PETITIONER DATED 28- 4-2018

EXHIBIT P19 A TRUE COPY OF THE IDENTICAL COMMUNICATION ISSUED TO THE POLLUTION CONTROL BOARD BY THE SECOND RESPONDENT DATED 28-4-2018

EXHIBIT P20 A TRUE COPY OF THE COMMUNICATION BY THE PETITIONER TO THE SECOND RESPONDENT DATED 7-5-2018

EXHIBIT P21 A TRUE COPY OF THE RECEIPT ISSUED FOR EXT P20 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER DATED 8-5-2018

WP(C) NO. 9077 OF 2021

EXHIBIT P22 A TRUE COPY OF THE REQUEST OF THE PETITIONER AND REPLY GIVEN BY THE POLLUTION CONTROL BOARD REQUEST DATED 13-07-2018 AND REPLY DATED 18-5-2018 TO THE PANCHAYATH SECOND RESPONDENT.

EXHIBIT P23 A TRUE COPY OF THE REQUEST OF THE PETITIONER DATED 7-7-2018 TO THE 2ND RESPONDENT

EXHIBIT P24 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE VETENARY HOSPITAL, AYUR DATED 7-7-2018 TO THE PETITIONER

EXHIBIT P25 A TRUE COPY OF THE REQUEST OF THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 25-6-2018

EXHIBIT P26 A TRUE COPY OF THE RECEIPT ISSUED DATED 7-7-

2018 TO THE PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P27 A TRUE COPY OF THE NOTICE ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER DATED 31- 3-2021.

EXHIBIT P28 A COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT, SECRETARY, EDAMULAKAL GRAMA PANCHAYATH, DATED 20.04.2021

EXHIBIT P29 A COPY OF RECEIPT FOR THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT, EDAMULAKAL GRAMA PANCHAYATH DATED 20.04.2021.