Kerala High Court
Sumesh M.S vs State Of Kerala on 14 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
WP(C) NO. 1837 OF 2021
PETITIONER:
SUMESH M.S.
AGED 37 YEARS
S/O.SUKUMARAN NAIR, MEPALLIL HOUSE, KIDANGOOR SOUTH P.O.,
KOTTAYAM DISTRICT PIN 686 572
BY ADVS.
ROY CHACKO
SRI.K.C.VINCENT
RESPONDENTS:
1 STATE OF KERALA
REP.BY SECRETARY, DEPARTMENT OF HOME, SECRETARIAT,
THIRUVANANTHAPURAM 695 001
2 THE DISTRICT POLICE CHIEF
COLLECTORATE, KOTTAYAM 686 002
3 THE STATION HOUSE OFFICER
C.I. OF POLICE, KIDANGOOR STATION, KOTTAYAM 686 572
4 THE KERALA STATE POLLUTION CONTROL BOARD
REP.BY THE ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, KOTTAYAM,
PIN 686 001
5 THE KIDANGOOR GRAMA PANCHAYAT
KIDANGOOR P.O., PIN 686 572, REP. BY ITS SECRETARY.
6 SAJIKUMAR K.
KONGORPALLITHARA HOUSE, KIDANGOOR P.O., KOTTAYAM 686 572
7 SINDHU SAJI
KONGORPALLITHARA HOUSE, KIDANGOOR P.O., KOTTAYAM 686 572
8 AMMU RAJU
KONGORPALLITHARA HOUSE, KIDANGOOR P.O., KOTTAYAM 686 572
9 K.D.RAJAN @ JOSE
KONGORPALLITHARA HOUSE, KIDANGOOR P.O., KOTTAYAM 686 572
10 PRADEEP RAJAN
WP(C) NO. 1837 OF 2021
2
KONGORPALLITHARA HOUSE, KIDANGOOR P.O., KOTTAYAM 686 572
*ADDL THE HEALTH INSPECTOR
COMMUNITY HEALTH CENTRE, KIDANGOOR
R11
*( ADDL R11 IS SUO MOTU IMPLEADED AS ADDITIONAL R11 AS PER
ORDER DATED 07-04-2021 IN WP(C)1837/2021.)
BY ADVS.
SRI. T.NAVEEN-SC
SRI.T.R.HARIKUMAR
SRI.C.P.SAJI
OTHER PRESENT:
SRI. E.C. BINEESH (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.09.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1837 OF 2021
3
JUDGMENT
The petitioner is stated to be proprietor of an 'M-Sand Unit'
and he says that he is conducting the sale of Granite aggregates
in addition, by stocking it in a property situated within the
territorial limits of the Kidangoor Grama Panchayat. The petitioner
asserts that he is engaged in his business with the support of all
necessary licenses, clearances and permissions from every
statutory Authority, but that his activities have now been
obstructed by respondents 6 to 10, who are residing in the
neighbouring properties. The petitioner says that the objections of
respondents 6 to 10 are wholly untenable and he suspects that they
are making the obstruction only for confutative reasons.
2. The petitioner, submits that he was therefore,
constrained to approach the 3rd respondent - Station House Officer,
seeking protection through Ext.P7 complaint, but that since no
action has been taken thereon, he has been forced to approach this
Court through this writ petition.
3. The petitioner, therefore, prays that respondents 2 and 3
be directed to afford him and his employees adequate and effective
protection from all threats, intimidation and obstructions allegedly
WP(C) NO. 1837 OF 2021
being meted out and caused by respondents 6 to 10.
4. I have heard Sri.K.C.Vincent, learned counsel for the
petitioner; Smt.Deepa Mohan, learned counsel appearing for
respondents 6 to 10; Sri.T.Naveen, learned Standing Counsel for
respondent No.4 and the learned Government Pleader - Sri.E.C.
Bineesh appearing for official respondents.
5. Smt.Deepa Mohan, learned counsel for the party
respondents, submitted that the operation of the Unit by the
petitioner is causing immeasurable prejudice and distress to her
clients, since they are residing in its immediate vicinity. She
submitted that, the Unit does not cause merely insufferable air and
water Pollution, but also sound Pollution and that this has now
made the lives of her clients and their family members extremely
difficult. She prayed that, therefore, the petitioner may not be
allowed to operate his Unit in such close vicinity to her clients'
residences and consequently, prays that this writ petition be
dismissed.
6. I notice from the file that, adverting to the afore
submissions of the party respondents, several reports were called
for by this Court from the Pollution Control Board qua the
WP(C) NO. 1837 OF 2021
allegations of air, water and sound Pollution caused by the
petitioner's Unit. Such reports have already been filed on record,
wherein, the Pollution Control Board unequivocally reports that the
conditions in the 'Consent to Operate' issued by them, namely
Ext.P4, have been implicitly complied with by the petitioner, by
offering and installing all protective measures and pollution
mitigative mechanisms.
7. When this matter was called today, Smt.Deepa Mohan,
accusingly submitted that the reports of the Pollution Control
Board are not accurate since, when inspections are conducted by
its Officers, the petitioner brings down the intensity of the activity
in the property and added that this was specifically true with
respect to the sound pollution since the petitioner used only
smaller vehicles and not the larger vehicles which he normally uses
in his routine activities, when the Pollution Control Board caused
inspection in obedience to the directions of this Court. She,
however, conceded that various other issues which her clients
faced earlier, including inundation of their properties during rains,
on account of the water flowing from the petitioner's Unit and of
air pollution have now been remedied by the petitioner under the
WP(C) NO. 1837 OF 2021
instructions of the Pollution Control Board.
8. When I hear Smt.Deepa Mohan as afore, the fact
remains that this Court cannot go into a roving enquiry into the
afore allegations since if the party respondents have any reason for
concern even now, they will have to approach the competent
Authorities, presenting before them cogent and reliable evidence
and materials. This Court is not in a position to accept the above
mentioned allegations without proper enquiry, particularly when I
notice that the petitioner has obtained all necessary clearances
from the Mining and Geology Department as also from the Kerala
Pollution Control Board to continue with this business activity.
In the afore circumstances, I cannot hold the actions of
respondents 6 to 10, if they have made any physical obstruction as
alleged by the petitioner, to be proper in law; and am consequently
certain that the 3rd respondent - Station House Officer must ensure
that they do not do so.
In the afore circumstances, I allow this writ petition and
direct the 3rd respondent - Station House Officer to ensure that the
petitioner's business is allowed to be conducted peacefully,
however, strictly following all the conditions that are statutorily
WP(C) NO. 1837 OF 2021
applicable and which are mandatory in terms of the licenses
obtained by him, without any let or interference from respondents
6 to 10 or their men or associates.
Needless to say, the 3rd respondent will ensure that the law
and order is maintained in the area in question and that none of the
parties are allowed to breach peace in any manner whatsoever.
I deem it also necessary to clarify that my observations above
will not be construed as being to inhibit or trammel any right or
remedy available to respondents 6 to 10, including by approaching
the competent Authorities in case any violation of law or conditions
of the Consent to Operate issued by the Pollution Control Board is
noticed by them from the part of the petitioner while conducting
his operations.
In order to ensure that the party respondents are not put to
any prejudice on account of the business activities of the petitioner,
I further direct the competent Authority of the Pollution Control
Board to conduct periodic inspections in the area and to act
decisively if any violation of the essential conditions are found in its
operation. In addition, as and when the party respondents or any
one else effected, approaches the said Board with any complaint
WP(C) NO. 1837 OF 2021
against the functioning of the petitioner's business, its competent
Authority will look into it swiftly and quickly without any avoidable
delay.
This writ petition is thus ordered.
SD/-
DEVAN RAMACHANDRAN
JUDGE
rp
WP(C) NO. 1837 OF 2021
APPENDIX OF WP(C) 1837/2021
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE DEALERS'S LICENCE DATED
30.9.2020
EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION
ISSUED BY THE DISTRICT GEOLOGIST DATED 28.9.2020
EXHIBIT P3 A TRUE COPY OF THE CONSENT TO ESTABLISH DATED
22.10.2020
EXHIBIT P4 A TRUE COPY OF THE CONSENT TO ESTABLISH DATED
22.11.2020
EXHIBIT P5 A TRUE COPY OF THE SANITARY CERTIFICATE DATED
5.10.2020
EXHIBIT P6 THE PETITIONER IS ISSUED WITH A D AND O LICENSE
FROM THE KIDANGOOR GRAMA PANCHAYAT DATED 25.11.2020
EXHIBIT P7 A TRUE COPY OF THE PETITION DATED 21.1.2021 FILED
BEFORE THE 3RD RESPONDENT
EXHIBIT P8 A TRUE COPY OF THE SANITARY CERTIFICATE DATED
31/03/2021.
EXHIBIT P9 A TRUE COPY OF THE RECEIPT FOR LICENCE FEE DATED
31/03/2021.
RESPONDENT EXHIBITS
Exhibit R4(C) TRUE COPY OF THE COMMUNICATION DATED 19/03/2021
ISSUED TO THE UNIT.
Exhibit R4(D) PHOTOGRAPHS SHOWING THE GREEN NET AND WATER
SPRINKLERS PROVIDED IN THE UNIT.
Exhibit R6(A) TRUE COPY OF THE MASS PETITION FILED BY THE
RESPONDENTS 6 TO 10 ALONG WITH OTHER RESIDENTS
BEFORE THE 4TH RESPONDENTS ON 04/01/2021.
WP(C) NO. 1837 OF 2021
Exhibit R6(B) TRUE COPY OF THE MASS PETITION FILED BY THE
RESPONDENTS 6 TO 10 ALONG WITH OTHER RESIDENTS
BEFORE THE 5TH RESPONDENTS ON 01/01/2021.
Exhibit R6(C) TRUE COPY OF THE LETTER RECEIVED BY THE RESPONDENTS
6 TO 10 FROM THE 4TH RESPONDENTS PURSUANT TO THEIR
EXT. P6(A) MASS PETITION.
Exhibit R6(D) PHOTOGRAPHS SHOWING THE NATURE AND LIE OF THE
PETITIONER'S BUSINESS PREMISES AND THE RESIDENTIAL
HOUSES OF THE 6TH RESPONDENT.
PETITIONER EXHIBITS
Exhibit R6(E) TRUE PHOTOCOPY OF THE TB PENSION ORDER OF THE
TAHSILDAR, MEENACHIL DATED 08/10/2018 ISSUED TO THE
AMMINI RAJAN.
Exhibit R4(A) TRUE COPY OF THE COMMUNICATION DATED 25/01/2021.
Exhibit R4(B) TRUE COPY OF THE MINUTES OF THE MEETING HELD ON
12/03/2021.
