Sunny P C vs State Of Kerala
2021 Latest Caselaw 18523 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021/17TH BHADRA, 1943
                 WP(C) NO. 16341 OF 2021
PETITIONERS:

    1    SUNNY P C,
         AGED 58 YEARS,
         S/O CHERIAN, PERUMBUZHA HOUSE,
         PAMBUPAARA, SULTHANKADA,
         ANAKKARA,
         IDUKKI DISTRICT, PIN-685 551.
    2    MINI SUNNY,
         AGED 50 YEARS,
         W/O SUNNY P.C,
         PERUMBUZHA HOUSE,
         PAMBUPAARA, SULTHANKADA,
         ANAKKARA, IDUKKI DISTRICT, PIN-685 551.

         BY ADV K.S.ARUNDAS


RESPONDENTS:

    1    STATE OF KERALA,
         REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
         LOCAL SELF GOVERNMENT DEPARTMENT,
         SECRETARIAT,
         THIRUVANANTHAPURAM, PIN-695 001.
    2    THE DISTRICT COLLECTOR,
         OFFICE OF THE DISTRICT COLLECTOR IDUKKI,
         COLLECTORATE, KUILIMALA,
         PAINAVU P.O., IDUKKI-685 603.
    3    THE SECRETARY,
         CHAKKUPALLAM GRAMA PANCHAYAT,
         ANAKKARA P.O., IDUKKI-685 512.
    4    THE ENVIRONMENT ENGINEER,
         KERALA STATE POLLUTION CONTROL BOARD,
         DISTRICT OFFICE,
         ESSAREN BUILDING, AANAKKOODU JUNCTION,
         THODUPUZHA-685 584.
    5    MR. JOSEPH PUTHUMANA @ OUSEPACHAN,
         AGED 45 YEARS,
         S/O JOSE, PUTHUMANA HOUSE,
         PAMBUPAARA, SULTHANKADA,
         ANAKKARA, IDUKKI PIN-685 551.
 WP(C).No.16341/2021

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      6    THE SECRETARY,
           THALUK LEGAL SERVICE COMMITTEE,
           PERUMADE,
           IDUKKI, PIN-685 531.

           BY ADVS.
           SRI.SYAMANTHAK B.S., GOVERNMENT PLEADER
           R3 BY SRI.LIJI.J.VADAKEDOM
           R4 BY SRI.T.NAVEEN, SC
           R5 BY SRI. GEORGE THOMAS (MEVADA)(SR.)
           R5 BY SRI.AMAL GEORGE


      THIS WRIT PETITION (CIVIL) HAVING COME UP      FOR
 ADMISSION ON 08.09.2021, THE COURT ON THE SAME      DAY
 DELIVERED THE FOLLOWING:
 WP(C).No.16341/2021

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                             JUDGMENT

Dated this the 8th day of September, 2021

The petitioners are aggrieved by the commercial

cardamom drying units cum storage being owned and run by

the 5th respondent. The said cardamom drying unit is situated

in Chakkuppallam Grama Panchayat. According to the

petitioners, due to the unbearable noise, vibration, foul smell of

chemicals, fire wood smoke, LPG smoke, dust vibration of

heavy blowers and processing machines and other pollutions

emanating from the cardamom drying unit of the 5th

respondent, the petitioners are facing serious health issues

and are suffering from grave nuisance.

2. The petitioners therefore filed Ext.P4 before the

Secretary to the Panchayat. The Exts.P7 and P8

representations were submitted to the District Collector. The WP(C).No.16341/2021

petitioners states that the District Collector has forwarded

Ets.P7 and P8 representations to the Secretary to the Grama

Panchayat. Inspite of the earnest efforts made by the

petitioners, no decision has been taken on the complaints filed

by the petitioners.

3. The 5th respondent appeared in the writ petition and

contested the contentions of the petitioner. According to the

5th respondent no prior licence is required from the Panchayat

for running the cardamom drying unit cum storage. According

to the 5th respondent, his unit is not causing any noise pollution

or sound pollution of whatever kind. Therefore, the complaint

made by the petitioners are unsustainable.

4. Heard the learned counsel for the petitioner, the

learned Government Pleader representing the respondents 1

and 2, the learned Standing Counsel for the 3 rd respondent,

the learned Standing Counsel for the 4th respondent and the

learned Counsel appearing for the 5th respondent.

5. As the Ext.P4 representation submitted by the

petitioner is now pending before the Secretary, who is WP(C).No.16341/2021

competent to take a decision in this matter, this Court is of the

considered view that no factual or legal adjudication is

required in this writ petition at this stage. The writ petition can

be disposed of directing the 3 rd respondent to take appropriate

decision in accordance with law.

In the circumstances, the writ petition is disposed of

directing the 3rd respondent to consider and pass appropriate

orders on Ext.P4 representation and take action, if any

warranted on Ext.P7 and P8 in accordance with law. A

decision in this regard shall be taken within a period of six

weeks and after granting an opportunity of hearing to the

petitioners as well as the 5th respondent.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.16341/2021

APPENDIX OF WP(C) 16341/2021

PETITIONER'S EXHIBITS:

   Exhibit P1         A TRUE COPY OF TREATMENT RECORD OF THE
                      1ST PETITIONER ISSUED BY DR SHYNI
                      ALPHONSA THOMAS DATED 5.9.2020
   Exhibit P2         THE TRUE COPIES OF THE TREATMENT
                      RECORDS    OF   2ND    PETITIONER  DATED

02.09.2020 AND 25.10.2020 ISSUED BY DR SHYINI ALPHONSA THOMAS Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED 9.9.2020 SUBMITTED BEFORE THE MEDICAL OFFICER, GOVERNMENT PRIMARY HEALTH CENTRE, CHAKKUPALLAM ANAKKARA Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 23.9.2020 SUBMITTED BEFORE THE 3RDE RESPONDENT Exhibit P5 A TRUE COPY OF THE APPLICATION DATED 19.10.2020 SUBMITTED BEFORE THE 3RD RESPONDENT Exhibit P6 A TRUE COPY OF REPLY DATED 5.11.2020 ISSUED BY THE 3RD RESPONDENT Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED 30.10.2020 SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P8 A TRUE COPY OF THE REPRESENTATION DATED 11.11.2020 SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P9 A TRUE COPY OF THE REPRESENTATION DATED 30.11.2020 SUBMITTED BEFORE THE 4TH RESPONDENT Exhibit P10 TRUE COPY OF PETITION FILED BY THE 1ST PETITIONER BEFORE THE 6TH RESPONDENT