Kerala High Court
N.P.Shihahbudeen vs The Commissioner Of Police on 22 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
WP(C) NO. 19673 OF 2019
PETITIONER:
N.P.SHIHAHBUDEEN
AGED 47 YEARS
S/O.MOIDEEN, RESIDING AT MADAKKETHODIKA PARAMBA,
P.O.CHOOLOOR, KOZHIKODE-673 601.
BY ADVS.
V.V.SURENDRAN
SRI.P.A.HARISH
RESPONDENTS:
1 THE COMMISSIONER OF POLICE
KOZHIKODE-673 001.
2 THE STATION HOUSE OFFICER,
KUNNAMANGALAM POLICE STATION, KOZHIKODE-673 571.
3 THE CIRCLE INSPECTOR OF POLICE,
KUNNAMANGALAM POLICE STATION, KOZHIKODE-673 571.
4 BALAN,
AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
PUTHIYULLAKANDIYIL HOUSE, POST CHOOLOOOR,
KOZHIKODE-673 601.
5 SUBRAMANIAN,
AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
KARTHIKA HOUSE, PARAKANDIYIL, POST CHOOLOOR,
KOZHIKODE-673 601.
6 VINEETH,
S/O.BALAN, KARTHIKA HOUSE, PARAKANDIYIL, POST
CHOOLOOR, KOZHIKODE-673 601.
7 VIJAYAKUMARI,
W/O.BALAN, KARTHIKA HOUSE, PARAKANDIYIL, POST
CHOOLOOR, KOZHIKODE-673 601.
8 SHYAMLAL,
AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
RESIDING AT PULIYULLAKANDIYIL HOUSE, POST
CHOOLOOR, KOZHIKODE-673 601.
9 SREELATHA,
W/O.SHYAMLAL, RESIDING AT PULIYULLAKANDIYIL HOUSE,
POST CHOOLOOR, KOZHIKODE-673 601.
W.P.(C).No.19673/2019
2
10 PRASANTHAN,
AGE AND FATHERS NAME NOT KNOWN TO THE
PETITIONER, RESIDING AT CHULLIKKATTIL HOUSE,
P.O. NAYARKUZHI, KOZHIKODE-673 601.
11 PRAVEEN SANKARAN,
AGE AND FATHERS NAME NOT KNOWN TO THE
PETITIONER, RESIDING AT MAVULLAKANDIYIL HOUSE,
NEAR POOLAKKODE SCHOOL, P.O.CHOOLOOR,
KOZHIKODE-673 601.
12 JAYAPRAKASH,
AGE AND FATHERS NAME NOT KNOWN TO THE
PETITIONER, RESIDING AT PILATHOTATHIL HOUSE,
PALAKKUTTY, P.O.CHOOLOOR, KOZHIKODE-673 601.
13 THE CHIEF ENVIRONMENT OFFICE
THE KERALA STATE POLLUTION CONTROL BOARD,
REGIONAL OFFICE, 2ND FLOOR
ZAMORINS SQUARE
LINK ROAD
CALICUT
BY ADVS.
SRI.NIRMAL. S
SRI. T.NAVEEN SC, KERALA STATE POLLUTION
CONTROL BOARD,
SMT.VEENA HARI
OTHER PRESENT:
SRI.N.B.SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.19673/2019
3
P.V.KUNHIKRISHNAN, J.
-------------------------------
W.P.(C).No.19673 of 2019
----------------------------------------------
Dated this the 30th day of September, 2021
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of mandamus or any other
appropriate writ, order or direction directing
respondents 1 to 3 to afford necessary police
protection to the life and property of the petitioner
and his family, the residents of the apartment
complex belonging to the petitioner, and the
workers/technicians engaged by the petitioner for
upgrading the sewage treatment plant in the
apartment complex of the petitioner.
ii. Issue a writ of mandamus or other appropriate
writ, order or direction directing respondents 4 to
12 and their men to remove all obstructions
including the temporary tents put by them in and
around the apartment complex of the petitioner.
iii. Issue any other appropriate writ or order which
this Honourable Court may deem just, fit and
proper in the facts and circumstances of the case
and sufficient for the redressal of the grievances
of the petitioner.
W.P.(C).No.19673/2019
2. When this writ petition came up for consideration
on 18.07.2019, this Court issued notice to the respondents.
Thereafter, when the matter came up for consideration before
this Court on 16.10.2019, this Court passed the following
order:
"The petitioner owns an apartment complex. He was
leasing out the apartments in the complex on short
term basis. When the lessees of the petitioner
started occupying the apartments, respondents 4 to
12 and others complained that due to the seepage
of waste from the septic tank in the apartment
complex, the ground water in the area is being
contaminated. It is seen that at the instance of the
complainants and the local Grama Panchayat, the
Pollution Control Board intervened and suggested
that the petitioner has to take certain remedial
measures as regards the septic tank and the
sewage treatment plant in the apartment complex.
Ext.P10 is the communication issued by the
Pollution Control Board in this connection. The case
of the petitioner is that respondents 4 to 12 are
preventing the petitioner from implementing the
remedial measures suggested by the Board. The
petitioner, therefore, seeks police protection for the
said purpose.
2. The learned counsel for respondents 4 to 12
opposed the prayer complaining that the operation
W.P.(C).No.19673/2019
of the apartment complex would contaminate the
ground water in the area.
3. The question as to whether the operation of the
apartment complex would contaminate the ground
water in the area, according to me, need not be
considered at this stage. As noted, the limited
prayer of the petitioner is only for police aid for
carrying out the various remedial measures
suggested by the Pollution Control Board in terms of
Ext.P10 communication. Respondents 4 to 12
cannot prevent the petitioner from carrying out the
remedial measures suggested by the Pollution
Control Board.
In the circumstances, the third respondent is
directed to extend police protection to the petitioner
for carrying out the remedial measures suggested
by the Pollution Control Board in terms of Ext.P10
communication. It is made clear that the aforesaid
work shall be in accordance with the directions
issued by the Pollution Control Board from time to
time and under their supervision. It is also made
clear that this order shall not be construed as one
permitting the petitioner to operate the apartment
complex for the purpose intended."
3. Thereafter the matter again came up for
consideration on 05.02.2020. On that day this Court passed
the following order:
W.P.(C).No.19673/2019
"The learned Senior counsel appearing for the
respondents submits that after conducting an
inspection by the Pollution Control Board, they
augmented the existing sewage treatment plant
according to the directions of the Pollution Control
Board. The Pollution Control Board shall file a fresh
report in regard to the existing facilities in the
building."
4. Again the matter came up for consideration on
13.03.2020, on which date, the following order is passed:
"In the light of the fact that the petitioner has
already erected sewage treatment plant and the
Pollution Control Board has to give consent on
examining its operation after it is put to use, it is
appropriate to order police protection to the
petitioner for the use of sewage treatment plant in
the apartment complex. The efficiency of the
working of the sewage treatment plant shall be
reported by the Pollution Control Board. If any
nuisance is being generated from the use of the
sewage treatment plant, the party respondents shall
point out such issues to the Pollution Control Board.
The Pollution Control Board officials shall also
examine the wells belonging to the party
respondents to find out the present condition of the
wells alleged to have been contaminated. If the
Pollution Control Board is of the view that there are
no other means for the party respondents to
W.P.(C).No.19673/2019
procure potable water, the Pollution Control Board
can direct such quantity of water to be supplied by
the petitioner to the party respondents. This
direction is issued taking note of the peculiar
circumstances of the case and does not bear legal
obligation or statutory duty on the Pollution Control
Board to carry out such exercise in future. The
petitioner is also free to let out the apartments for
use."
5. Today, when the matter came up for consideration,
the Standing Counsel for the Pollution Control Board
submitted that on 18.03.2021, an inspection was conducted,
and on that day, samples were taken from the outlet of the
sewage treatment plant (STP) and also from the wells of the
nearby residents. The Biological Oxygen Demand (BOD) in
the samples taken from STP is slightly on a higher side (3.6
mg/l). But, as far as the samples taken from the wells are
concerned, the BOD are not in desirable limits. As per the
analysis results of treated effluent taken from the STP outlet
the BOD was found 3.6 mg/l, which is slightly above the
standards of 3mg/l for re-use of toilets, however, within the
limits of irrigation.
W.P.(C).No.19673/2019
6. In the light of the above submission, if there is any
surviving grievance to the petitioner, the petitioner is free to
approach the appropriate authority in accordance to law.
Moreover, the first prayer in this writ petition is for getting
police protection for upgrading the sewage treatment plant in
the apartment complex of the petitioner. That is already
completed. As far as the second prayer is concerned, there is
no grievance to the petitioner as on today. The counsel for the
contesting respondents submitted that even now there is
pollution. In the samples collected from wells in the area,
BOD is not in desirable limits. The contesting respondents are
free to do the needful in accordance to law as far as the
pollution is concerned. If there is any complaint or if any
further inspection is necessary, they are free to approach the
Pollution Control Board in accordance to law.
In the light of the fact that the prayers in this writ
petition are infructuous, this writ petition closed with liberty
to the petitioner to approach this Court again, if necessary in
future.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.19673/2019
APPENDIX OF WP(C) 19673/2019
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE BUILDING PERMIT
ISSUED TO THE PETITIONER BY THE 1ST
RESPONDENT PANCHAYATH DATED
11.07.2013.
EXHIBIT P2 A TRUE COPY OF THE SITE PLAN OF THE
PROPERTY AND APPROVED BY THE 1ST
RESPONDENT PANCHAYATH.
EXHIBIT P3 A TRUE COPY OF THE COMMISSION REPORT
OF THE SEWAGE TREATMENT PLANT DATED
25.09.2018.
EXHIBIT P4 A TRUE COPY OF THE TEST REPORT
CONDUCTED IN THE WELL OF THE
PETITIONER BY CENTRE FOR WATER
RESOURCES DEVELOPMENT MANAGEMENT,
KOZHIKODE DATED 18.01.2019.
EXHIBIT P5 A TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE WIFE OF THE PETITIONER BEFORE
THE DISTRICT COLLECTOR.
EXHIBIT P6 A TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE WIFE OF THE PETITIONER BEFORE
THE DISTRICT MEDICAL OFFICER.
EXHIBIT P7 A TRUE COPY OF THE NOTICE/ORDER DATED
09.05.2019 OF THE SECRETARY
CHATHAMANGALAM GRAMA PANCHAYATH.
EXHIBIT P8 TRUE COPY OF THE ORDER OF THIS
HONOURABLE COURT IN WPC 13785/2019
DATED 17.05.2019.
EXHIBIT P9 A TRUE COPIES OF THE REPORTS OF THE
REGIONAL LABORATORY OF THE KERALA
STATE POLLUTION CONTROL BOARD.
EXHIBIT P10 A TRUE COPY OF THE COMMUNICATION
ISSUED BY THE CHIEF ENVIRONMENTAL
ENGINEER, REGIONAL OFFICE, STATE
POLLUTION CONTROL BOARD DATED
22.05.2019 TO THE WIFE OF THE
PETITIONER.
EXHIBIT P11 A TRUE COPY OF THE QUOTATION GIVEN BY
M/S. PURE SOLUTIONS.
EXHIBIT P12 A TRUE COPY OF THE COMPLAINT MADE BY
THE PETITIONER TO THE 2ND RESPONDENT
W.P.(C).No.19673/2019
DATED 30.05.2019.
EXHIBIT P13 A TRUE PHOTOGRAPHS SHOWING THE PRESENT
SITUATION IN THE AREA.
EXHIBIT P14 A TRUE COPY OF THE MINUTES OF THE
MEETING HELD IN THE PANCHAYATH OFFICE
ON 15.06.2019.
EXHIBIT P15 A TRUE COPY OF THE SHOW CAUSE NOTICE
DATED 03.06.2019 ISSUED BY THE
POLLUTION CONTROL BOARD.
EXHIBIT P16 A TRUE COPY OF THE REPLY GIVEN BY THE
PETITIONER TO EXT.P15.
EXHIBIT P17 A TRUE COPY OF THE NOTICE ISSUED BY
THE DISTRICT COORDINATOR SUCHITHVA
MISSION TO THE PETITIONER.
EXHIBIT P18 A TRUE COPY OF THE COMPLAINT FILED BY
THE PETITIONER BEFORE THE 1ST
RESPONDENT.
EXHIBIT P19 A TRUE COPY OF THE COMPLAINT FILED BY
THE PETITIONER BEFORE THE 3RD
RESPONDENT.
EXHIBIT P20 A TRUE COPY OF THE REPORT OF THE
DEPUTY COLLECTOR DATED 5.7.19 ALONG
WITH THE STATEMENT OF THE PETITIONER.
EXHIBIT P21 A TRUE COPY OF THE COMMUNICATION DATED
9.7.19 ISSUED BY THE CHATHAMANGALAM
GRAMA PANCHAYATH TO THE CHIEF
ENVIRONMENTAL ENGINEER KERALA STATE
POLLUTION CONTROL BOARD, KOZHIKODE
EXHIBIT P22 A TRUE COPY OF THE COMMUNICATION DATED
11.7.19 ISSUED TO THE PETITIONER BY
THE POLLUTION CONTROL BOARD
EXHIBIT P23 a true copy of the communication dated
29.10.2019 issued by the chief
environmental engineer to the
petitioner
EXHIBIT P24 a true copy of the letter dated
16.11.209 submitted me before the
chief environmental engineer,
pollution control board, kozhikode
EXHIBIT P25 a true copy of the photograph showing
the erection of flex/ banners over the
petitioner's property
EXHIBIT P26 a true copy of the complaint filed by
the petitioner before the 1st
W.P.(C).No.19673/2019
respondent dated 09.12.2019
RESPONDENT EXHIBITS
EXHIBIT R4(A) TRUE COPY OF THE LETTER
NO.PCB/RO/KKD/JN/013/2011 DATED
3.5.2019
EXHIBIT R4(B) TRUE COPY OF THE REPORT DATED
20.7.2019 FILED BY THE CHIEF
ENVIRONMENTAL ENGINEER IN
WPC.13785/2019
EXHIBIT R3(A) TRUE COPY OF THE LETTER DATED
23.07.2019 SUBMITTED BY THE PETITIONER
EXHIBIT R3(B) TRUE COPY OF THE LETTER DATED
26.08.2019 SUBMITTED BY THE PETITIONER
EXHIBIT R3(C) TRUE COPY OF THE LETTER DATED
16.08.2019 SUBMITTED BY THE PETITIONER
EXHIBIT R3(A) TRUE COPY OF THE COMMUNICATION DATED
11.07.2019 ISSUED BY THE BOARD
