Jithin Raj P vs State Of Kerala
2022 Latest Caselaw 2261 Ker

 WP(C).12538 & 13961/21               1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
  MONDAY, THE 28TH DAY OF FEBRUARY 2022 / 9TH PHALGUNA, 1943
                          WP(C) NO. 13961 OF 2021
PETITIONER/S:

           ABIN BIJI
           AGED 28 YEARS
           CHIRANGARA HOUSE, KARUKAPADAM P.O, KOTHAMANGALAM,
           ERNAKULAM - 686691.

           BY ADVS.
           K.JAJU BABU (SR.)
           M.U.VIJAYALAKSHMI
           BRIJESH MOHAN



RESPONDENT/S:

    1      STATE OF KERALA
           REPRESENTED BY ITS PRINCIPAL SECRETARY TO
           GOVERNMENT, ENVIRONMENT DEPARTMENT, GOVERNMENT
           SECRETARIAT, THIRUVANANTHAPURAM - 695001.

    2      THE KERALA STATE POLLUTION CONTROL BOARD
           PATTOM, THIRUVANANTHAPURAM - 695004, REPRESENTED BY
           ITS MEMBER SECRETARY.

    3      THE KERALA PUBLIC SERVICE COMMISSION
           THULASI HILLS, PATTOM PALACE P.O, THIRUVANANTHAPURAM
           - 695004, REPRESENTED BY ITS SECRETARY.

    4      A.B. PRADEEP KUMAR
           CHAIRMAN, KERALA STATE POLLUTION CONTROL BOARD,
           RESIDING AT TC/455(1) SHRUTHI, MADHU MUKKU, ANAYARA,
           THIRUVANANTHAPURAM - 695029.

    5      GEETHALAKSHMI,
           ADDITIONAL SECRETARY TO GOVERNMENT, GOVERNMENT
           SECRETARIAT, THIRUVANANTHAPURAM - 695001, (FORMERLY
           ON DEPUTATION AS ADMINISTRATIVE OFFICER, THE KERALA
 WP(C).12538 & 13961/21          2

          STATE POLLUTION CONTROL BOARD, PATTOM,
          THIRUVANANTHAPURAM)

   6      PADMAJA P. NATARAJAN
          D/O. TANARAJAN, "PUTHEN HOUSE", KANIMANGALAM,
          NEMMARA, PALAKKAD - 678508.

   7      ARYA P
          "RANI BHAVAN", MUTTAPPALAM, PERUNGUZHI P.I,
          THIRUVANANTHAPURAM - 695305.

   8      VISHNU UDAYAN S
          "USHAS', SASTHAMKONAM, VADACODE, PERUMPAZHATHOOR
          P.O, THIRUVANANTHAPURAM - 695126.

   9      JYOTHILEKSHMI O
          "JYOTHI BHAVAN", ELAVOOR, PALLIMON P.O, KOLLAM -
          691576.

  10      GANGA P.V
          "PUTHUVEETIL HOUSE", KOTHAKULAM, VALAPPAD, THRISSUR
          - 680567.

  11      SARANYA ARAVINDAN
          "SARANYA BHAVAN", 41, VEMBAYAM, KONCHIRA P.O,
          THIRUVANANTHAPURAM - 695615.

  12      FOUSIYA M.P
          "MADATHIL POYIL", KAYANNA, KAYANNA BAZAR, KOZHIKODE
          - 673525.

  13      RADHIKA P.R
          "SREEGANESH HOUSE", DWARAKA, KAMMANA POST, WAYANAD -
          670645.

  14      TONY TOM
          "MANAPRAMBIL HOUSE", KOTTAPURAM, THRISSUR - 680667.

  15      ANJU C.S
          ANJUNIVAS, KAITHOTTUKUZHI, MLA ROAD, INDIRAGI NAGAR,
          KARIAVATTOM P.O, THIRUVANANTHAPURAM - 695581.

  16      RAHUL RAJ S
          "NARTHYA', MANIYUR, MANIYUR P.O, KOZHIKODE - 673523.
 WP(C).12538 & 13961/21          3

  17      DEEPU JOSE
          "KUNNATHUPURAYIDOM", CHETTUTHODU, KOTTAYAM - 686508.

  18      SOUMYA A.C
          "ARIKKATTU HOUSE",. KOTTANELLUR, KOTTANELLUR P.O,
          THRISSUR - 680662.

  19      REVATHY M
          ANIYAPPA HOUSE, TRIPPALUR, PALAKKAD - 678545.

  20      MEERA MOHANAN
          "KOPPARAMBIL", T.V. PURAM VAIKOM, T.V.PURAM P.O,
          KOTTAYAM - 686606.

  21      DEEPA VIJAYAN
          "KALLAMPUDAVIL HOUSE", S.N. PURAM, THAIKKATTUKARA
          P.O, ALUVA - 683106.

  22      RISHANA M
          MULACKAPATHALIL HOUSE, PEROONCHI, NEDIYANGA, KANNUR
          - 670631.

  23      PONNULAKSHMI V
          "KOODATHUMKANDY", NANMINDA, NANMINDA P.O, KOZHIKODE
          - 673613.

  24      NIJAMOL T.S
          THETTIYODUKAL PUTHENVEEDU, NEDUMKANDAM, NEDUMKANDAM
          P.O, IDUKKI - 685553.

  25      ASHA SURENDRAN
          PLAMURIYIL HOUSE, KUZHIKANDAM, KUZHITHOLU P.O,
          IDUKKI - 685551.

  26      SARIN P
          UPASANA, KUDUKKIMETTA, EACHUR, KANNUR - 670591.

  27      LINITHA P RAJENDRAN
          KANIYAMPARAMBIL HOUSE, ETTEKKAR, EDATHALA, ALUVA,
          ERNAKULAM - 683564.

  28      ARUN VIVEK S
          KOLLAMPARAMBIL HOUSE, KUTTANTHURUTH, THALAPPILLY
          P.O, ERNAKULAM - 683520.
 WP(C).12538 & 13961/21          4

  29      TONY JOHN
          MUDAVAN MURY, KUMBALANGY P.O, ERNAKULAM - 682007.

  30      ANJANA PAVITHRAN
          PUTHENPURAKKAL HOUSE, THATTAKKUZHA P.O, IDUKKI -
          685581.

  31      BIJITHA B.M
          "B.M. NIVAS", PONGUVILA, PARAKKAL, ALIYADU P.O,
          THIRUVANANTHAPURAM - 695507.

  32      DINOY P.S
          PARUVAKKAL HOUSE, ELAVANCHERY P.O, PALAKKAD -
          678508.

  33      AJMAL V.E
          VALIYAPARAMBIL HOUSE, VALLUVALLY, KOONAMMAVU P.O,
          ERNAKULAM - 683518.

  34      NIMISHA K.V
          KOLANGARA VEETIL HOUSE, KAKKAD P.O, KANNUR - 670005.

  35      DILJITH R.G
          KOYILOTH HOUSE, VEEMANGALAM, KADALOOR, KOZHIKODE -
          673529.

  36      LINCY BABYKUTTY
          THENGUM THARAYIL, THUVAYOOR NORTH, MANKALA P.O,
          ADOOR, PATHANAMTHITTA - 691551.

  37      ANSY N
          "ANSY MANZIL", KOONTHALLUR, CHIRAYINKEEZHU P.O,
          THIRUVANANTHAPURAM - 695304.

  38      GOPIKA KRISHNA
          VELOOTHURUTHY WARRIUM, KUZHIMATTOM, KOTTAYAM -
          686533.

  39      SUKANYA V
          CHENGALAMKADU HOUSE, KANNADI P.O, PALAKKAD - 678701.

  40      ANU JOHNY
          KOMMATTATHIL HOUSE, MUTHOLA PURAM P.O, ERNAKULAM -
          686665.
 WP(C).12538 & 13961/21          5

  41      NIKHIL T.P
          THYVACHA PARAMBATH, CHEMMARATHUR P.O, VATAKARA VIA,
          KOZHIKODE - 673104.

  42      RESMA PAUL
          CHELANGARA HOUSE, VELLANGALLOOR, THRISSUR - 680662.

  43      SHAKHIR M.ISMAYIL
          MANJUMATTATHIL HOUSE, THODUPUZHA, IDUKKI - 685581.

  44      SANGEETHA P.S
          PALLATH HOUSE, KAVILPADAM, KODAKARA, THRISSUR -
          680684.

  45      ADARSH G.L
          M.V. MANDIRAM, KUTTANINNATHIL, POOVAR,
          THIRUVANANTHAPURAM - 695525.

  46      SARATHKUMAR S
          POKKATTU KIZHAKKATHIL, THRIKKUNNAPUZHA NORTH,
          KAKKAKUNNU, KOLLAM - 690522.

  47      REMYA MOHANAN
          VIYYOKKARAN HOUSE, VARADIYAM, THRISSUR - 680541.

  48      GOPIKA KRISHNAN
          KRISHNA VILASOM, VELIYAM P.O, KOLLAM - 691540.

  49      INDHU I
          VALIYAVILAVADAKKATHIL, 460(16/391), KARUNAGAPPALLY,
          KOLLAM - 690519.

  50      SAJINKUMAR V.
          "VIPIN VIHAR", KURUMPAKARA P.O, PATHANAMTHITTA -
          689695.

  51      SREEJA S ANAND
          PARAMU BHAVAN, KAVADITHALAKKAL, MANIKANDESWARAM P.O,
          THIRUVANANTHAPURAM - 695013.

  52      ANIT ELIZABETH SEBASTIAN
          KONATTEL, KALATHOOR, KALATHOOR P.O, KOTTAYAM -
          686633.

  53      SHADIYA C
 WP(C).12538 & 13961/21          6

          CHEEROTH HOUSE, ANGADIPPURAM, ARIPRA, MALAPPURAM -
          679321.

  54      JISNA JOSE
          C/O. SRI.P.O. JOSE. ANTOPURAM, OKKAL, ERNAKUALM -
          683550.

  55      PRIYADARSHINI JOSEPH
          SALVATION ARMY CHURCH MUTHUVILA, MUTHUVILA P.O,
          THIRUVANANTHAPURAM - 695610.

  56      NITHYA VARGHESE
          PULIMOOTTIL PUTHEN VEEDU, PARUTHIYARA, ODANAVATTOM
          P.O, KOLLAM - 691512.

  57      GAYATHRI P.N
          PONNOTH HOUSE, SREEKRISHNALAYAM, NATTIKA BEACH,
          NATTIKA, THRISSUR - 680572.

  58      SREEKUMAR C.S
          CHELAKKATTU HOUSE, THAIKKATTUKARA P.O, ALUVA -
          683106.

  59      NIDHIN A.J
          VANCHIVILA VEEDU, ERAM, KARAMCODE P.O, KOLLAM -
          691579.

  60      NANDHRAJ S
          NGO QUARTERS, NO.F-4, NEAR CIVIL STATION, CUTCHERY
          P.O, KOLLAM - 691013.

  61      NIMYA S
          PALLIKAD HOUSE, PERUVEMBA, PERUVEMBA P.O, PALAKKAD -
          678531.

  62      JAYALAKSHMI SASIDHARAN
          NEDUMTHARAYIL (OZHANKAL) HOUSE,
          KALLEKKULAM, POONJAR, THEKKEKARA, KOTTAYAM - 686582.

  63      ADDL.63.MS.TINCY BABY
          AGED 34 YEARS, D/O.T.M.BABY, RESIDING AT KOORAN
          THAZHATHUVEETTIL HOUSE, VAPPALASSERY P.O. ANGAMALY -
          683 572 (RANK NO.2589 & REGISTRATION NO.344027.)

  64      ADDL.R64.MS.MINNU MARIA JOSEPH
  WP(C).12538 & 13961/21           7

           AGED 28 YEARS, D/O.JOSEPH P.GEORGE, RESIDING AT
           PARACKAL HOUSE, VADAYAMPADY P.O., PUTHENCRUZ,
           ERNAKULAM - 682 308. (RANK NO.2469 & REGISTRATION
           NO.365745).

    65     ADDL.65.MR.SONU PAULOSE
           AGED 32 YEARS, S/O.PAULOSE P.S., RESIDING AT
           PAREKKUDIYIL HOUSE, THRIKKARIYOOR P.O.,
           KOTHAMANGALAM, ERNAKULAM - 686 692 (RANK NO.2369 &
           REGISTRATION NO.363114)

    66     ADDL.R66.MR.AKHIL.M
           AGED 30 YEARS, S/O.MOHAN KUMAR B., RESIDING AT LATHA
           BHAVAN, PERUMBUZHA THAAZHAM, PERUMBUZHA P.O., KOLLAM
           - 691 504. (RANK NO.2417 & REGISTRATION NO.233712)

    67     ADDL.R67.MS.MEERA SATHEESH
           AGED 38 YEARS, D/O.SATHEESH CHANDRA RAJ, RESIDING AT
           CHAYAMUKHI, PRA 105/5, PADMA VILASAM LANE,
           PEROORKKADA P.O., THIRUVANANTHAPURAM - 695 005 -
           (RANK NO.4276 & REGISTRATION NO.121594)
           [ARE IMPLEADED AS PER ORDER DATED 03.09.2021 IN
           I.A.1/2021 IN WP(C)13961/2021]

           BY ADVS.
           SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL
           BOARD,
           SHRI.P.C.SASIDHARAN, SC, KPSC
           R.T.PRADEEP
           S.SABARINADH
           INDULEKHA JOSEPH



OTHER PRESENT:

           GP VENUGOPAL V. SR.ADV.JAJU BABU FOR PETNRS IN WPC
           13961/21




     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.02.2022, ALONG WITH WP(C).12538/2021, THE COURT ON 28.2.2022
DELIVERED THE FOLLOWING:
  WP(C).12538 & 13961/21               8


             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
  MONDAY, THE 28TH DAY OF FEBRUARY 2022 / 9TH PHALGUNA, 1943
                          WP(C) NO. 12538 OF 2021
PETITIONER/S:

           JITHIN RAJ P.,
           AGED 33 YEARS
           S/O. RAJENDRAN P N, PANTHILIKKUDY HOUSE, PARAPPURAM,
           KIZHAKUMBHAGAM, ERNAKULAM 683575

           BY ADVS.
           AMRIN FATHIMA
           STEFIN THOMAS



RESPONDENT/S:

    1      STATE OF KERALA
           SECRETARIAT TO GOVERNMENT OF KERALA, ENVIRONMENTAL
           DEPARTMENT, GOVERNMENT SECRETARIATE,
           THIRUVANANTHAPURAM 695 001, REPRESENTED THROUGH ITS
           PRINCIPAL SECRETARY.

    2      THE KERALA STATE POLLUTION CONTROL BOARD,
           PATTOM, THIRUVANANTHAPURAM - 695 004, REPRESENTED
           THROUGH ITS MEMBER SECRETARY.

    3      THE KERALA PUBLIC SERVICE COMMISSION
           THULASI HILLS, PATTOM PALACE P.O, THIRUVANANTHAPURAM
           695 004, REPRESENTED THROUGH ITS SECRETARY

    4      A.B PRADEEP KUMAR
           THE CHAIRMAN, THE KERALA STATE POLLUTION CONTROL
           BOARD, RESIDING AT TC/455(1) SHRUTHI, MADHU MUKKU,
           ANAYARA, THIRUVANANTHAPURAM 695 029

    5      GEETHA LAKSHMI
           ADMINISTRATIVE OFFICER, THE KERALA STATE POLLUTION
 WP(C).12538 & 13961/21          9

          CONTROL BOARD, PATTOM, THIRUVANANTHAPURAM 695 004

   6      PADMAJA P NATARAJAN,
          AGE NOT KNOWN, D/O. NATARAJAN, PUTHEN HOUSE,
          KANIMANGALAM, NENMARA, PALAKKAD 678 508

   7      ARYA P
          AGE AND FATHERS NAME NOT KNOWN, RANI BHAVAN,
          MUTTAPPALAM, PERUNGUZHI P.O, THIRUVANANTHAPURAM 695
          305.

   8      VISHNU UDAYAN S,
          AGE NOT KNOWN, S/O. UDAYAN S, USHAS SASTHAMKONAM,
          VADACODE, PERUMPAZHATHOOR P.O, THIRUVANANTHAPURAM
          695 126

   9      JYOTHI LEKSHMI O,
          AGE AND FATHERS NAME NOT KNOWN, JYOTHI BHAVAN,
          ELAVOOR, PALLIMON P.O, KOLLAM 691 576

  10      GANGA P V
          AGE AND FATHERS NAME NOT KNOWN, PUTHUVEETIL HOUSE,
          KOTHAKULAM, VALAPPAD, THRISSUR 680 567

  11      SARANYA ARANVINDAN,
          AGE NAME NOT KNOWN, D/O. ARAVINDAN, SARANYA
          BHAVANYA, 41, VEMBAYAM, KONCHIRA P.O,
          THIRUVANANTHAPURAM 695 615

  12      FOUSIYA M P,
          AGE AND FATHERS NAME NOT KNOWN, MADATHIL POYIL,
          KAYANNA, KAYANNA BAZAR, KOZHIKODE 673 525

  13      RADHIKA P.R,
          AGE AND FATHERS NAME NOT KNOWN, SREEGANESH HOUSE,
          DWARAKA, KAMMANA POST, WAYANADU 670 645

  14      TONY TOM,
          AGE AND FATHERS NAME NOT KNOWN , ANJU NIVAS,
          KAITHOTTU KUZHI, MLA ROAD, INDIRAGI NAGAR,
          KARIAVATTOM P.O, TRIVANDRUM 695 581

  15      ANJU C.S
          AGE AND FATHERS NAME NOT KNOWN, ANJU NIVAS,
          KAITHOTTU KUZHI, MLA ROAD, INDIRAJI NAGAR,
 WP(C).12538 & 13961/21          10

          KARIAVATTOM P.O, TRIVANDRUM 695 581

  16      RAHUL RAJ S,
          AGE AND FATHERS NAME NOT KNOWN, NARTHYA, MANIYUR,
          MANIYUR P.O, KOZHIKODE 673 523

  17      DEEPU JOSE,
          AGE NAME NOT KNOWN, S/O. JOSE, KUNNATHUPURAYIDOM,
          CHETTUTHODU, KOTTAYAM 686 508

  18      SOUMYA A C
          AGE AND FATHERS NAME NOT KNOWN, ARIKKATTU HOUSE,
          KOTTANELLUR, KOTTANELLUR P.O, THRISSUR 680 662

  19      REVATHY M,
          AGE AND FATHERS NAME NOT KNOWN, ANIYAPPA HOUSE,
          TRIPPALUR, PALAKKAD 678 545

  20      MEERAN MOHANAN,
          AGE NAME NOT KNOWN, D/O. MUHANAN, KOPPARAMBIL, T V
          PURAM VAIKOM, T V PURAM P.O, KOTTAYAM 686 606

  21      DEEPA VIJAYAN,
          AGE NAME NOT KNOWN, D/O. VIJAYAN, KALLAMPUDAVIL
          HOUSE, S N PURAM, THAIKKATTUKARA P.O, ALUVA 683106.

  22      RISHANA M,
          AGE AND FATHERS NAME NOT KNOWN, MULACKAPATHALIL
          HOUSE, PEROONCHI, NEDIYANGA, KANNUR 670 631

  23      PONNULAKSHMI V,
          AGE AND FATHERS NAME NOT KNOWN , KOODATHUMKANDY,
          NANMINDA, NANMINDA P.O, KOZHIKODE 673 613

  24      NIJAMOL T S
          AGE AND FATHERS NAME NOT KNOWN , THETTIYODUKALPUTHEN
          VEEDU, NEDUMKANDAM, NEDUMKANDAM P.O, IDUKKI 685 553.

  25      ASHA SURENDRAN
          AGE NAME NOT KNOWN, D/O. SURENDRAN, PLAMURIYIL
          HOUSE, KUZHIKANDAM, KUZHITHOLU P.O, IDUKKI 685 551

  26      SARIN P,
          AGE AND FATHERS NAME NOT KNOWN, UPASANA,
 WP(C).12538 & 13961/21          11

          KUDUKKIMETTA, EACHUR, KANNUR 670 591

  27      LINITHA P RAJENDRAN,
          AGE AND FATHERS NAME NOT KNOWN, UPASANA,
          KUDUKKIMETTA, EACHUR, KANNUR 670 591

  28      ARUN VIVEK S
          AGE AND FATHER'S NAME NOT KNOWN, KOLLAMPARAMBIL
          HOUSE, KUTTANTHURUTH, THALAPPILLY P.O, ERNAKULAM
          683520

  29      TONY JOHN,
          AGE AND FATHER'S NAME NOT KNOWN, MUDAVANMURY,
          KUMBALANGY P.O, ERNAKULAM 682 007

  30      ANJANA PAVITHRAN,
          AGE AND FATHER'S NAME NOT KNOWN, PUTHENPURAKKAL
          HOUSE, THATTAKKUZHA P.O, IDUKKI 685 581

  31      BIJITHA B.M
          AGE AND FATHER'S NAME NOT KNOWN, B.M NIVAS,
          PONGUVILA, PARAKKAL, AALIYADU P.O,
          THIRUVANANTHAPURAM 695 507

  32      DINOY P.S,
          AGE AND FATHER'S NAME NOT KNOWN, PARUVAKKAL HOUSE,
          ELAVANCHERY P.O, PALAKKAD 678 508

  33      AJMAL V.E
          AGE AND FATHER'S NAME NOT KNOWN, VALIYAPARAMBIL
          HOUSE, VALLUVALLY, KOONAMMAVU P.O, ERNAKULAM 683518

  34      NIMISHA K.V
          AGE AND FATHER'S NAME NOT KNOWN, KOLANGARA VEETIL
          HOUSE, KAKKAD P.O, KANNUR 670 005

  35      DILJITH R.G
          AGE AND FATHER'S NAME NOT KNOWN, KOYILOTH HOUSE,
          VEEMANGALAM, KADALOOR, KOZHIKODE 673 529

  36      LINCYBABYKUTTY,
          AGE AND FATHER'S NAME NOT KNOWN, THENGUM THARAYIL,
          THUVAYOOR NORTH, MANKALA P.O, ADOOR, PATHANAMTHITTA
          691 551
 WP(C).12538 & 13961/21          12

  37      ANSY N
          AGE AND FATHER'S NAME NOT KNOWN, ANSY MANZIL,
          KOONTHALLUR, CHIRAYINKEEZHU P.O, THIRUVANANTHAPURAM
          695 304

  38      GOPIKA KRISHNA,
          AGE AND FATHER'S NAME NOT KNOWN, VELOOTHURUTHY,
          WARRIUM KUZHIMATTOM, KOTTAYAM 686 533

  39      SUKANYA V
          AGE AND FATHER'S NAME NOT KNOWN, CHENGALAMKADU
          HOUSE, KANNADI P.O, PALAKKAD 678 701

  40      ANU JOHNY,
          AGE AND FATHER'S NAME NOT KNOWN, KOMMATTATHIL HOUSE,
          MUTHOLA PUTHOLA PURAM P.O, ERNAKULAM 686 665.

  41      NIKHIL T.P
          THYVACHAPARAMBATH, CHEMMARATHUR P.O, VATAKARA VIA,
          KOZHIKODE 673 104

  42      RESMA PAUL
          CHELANGARA HOUSE, VELLANGALLOOR, TRISSUR 680 662

  43      SHAKHIR M
          MANJUMATTATHIL HOUSE, THODUPUZHA, IDUKKI 685 581

  44      SANGEETHA P.S,
          PALLATH HOUSE, KAVILPADAM, KODAKARA, THRISSUR 680
          684

  45      ADARSH G.L,
          M.V MANDIRAM, KUTTANINNATHIL, POOVAR,
          THIRUVANANTHAPURAM 695 525

  46      SARATHKUMAR S
          KIZHAKKATHIL, THRIKKUNNAPUZHA NORTH, KAKKAKUNNU,
          KOLLAM 690 522

  47      REMYA MOHANAN,
          VIYYOKKARAN HOUSE, VARADIYAM, THRISSUR 680 541

  48      GOPIKA KRISHNAN,
          KRISHNA VILASOM, VELIYAM P.O, KOLLAM 691 540
 WP(C).12538 & 13961/21          13

  49      INDHU I,
          VALIYAVILAVADAKKATHIL, 460(16/391), KARUNAGAPPALLY,
          KOLLAM 690 519

  50      SAJINKUMAR V,
          VIPIN VIHAR, KURUMPAKARA P.O, PATHANAMTHITTA 689 695

  51      SREEJA S ANAND,
          PARAMU BHAVAN, KAVADITHALAKKAL, MANIKANDESWARAM P.O,
          TRIVANDRUM 695 013

  52      ANIT ELIZABETH SEBASTIAN,
          D/O. SEBASTIAN, KONATTEL, KALATHOOR, KALATHOOR P.O,
          KOTTAYAM 686 633

  53      SHADIYA C
          CHEEROTH HOUSE, ANGADIPPURAM, ARIPRA, MALAPPURAM 679
          321

  54      JISNA JOSE,
          D/O. JOSE, PARAKKADAN, C/O. P.O JOSE, ANTOPURAM,
          OKKAL, ERNAKULAM 683550

  55      PRIYADARSHINI JOSEPH,
          D/O. JOSEPH, SALVATION ARMY CHURCH MUTHUVILA,
          MUTHUVILA P.O, THIRUVANANTHAPURAM 695 610

  56      NITHYA VARGHESE,
          PULIMOOTTIL PUTHEN VEEDU, PARUTHIYARA, ODANAVATTOM
          P.O, KOLLAM 691 512

  57      GAYATHRI P N
          PONNOTH HOUSE, SREEKRISHNALAYAM, NATTIKA BEACH,
          NATTIKA, THRISSUR 680 572

  58      SREEKUMAR C.S
          CHELAKKATTU HOUSE, THAIKKATTUKARA P.O, ALUVA 683106

  59      NIDHIN A J,
          VANCHIVILA VEEDU, ERAM, KARAMCODE P.O, KOLLAM 691
          579

  60      NANDHRAJ S
          NGO QUARTERS, NO. F-4, NEAR CIVIL STATION, CUTCHERY
  WP(C).12538 & 13961/21          14

           P.O, KOLLAM 691 013

    61     NIMYA S
           PALLIKAD HOUSE, PERUVEMBA, PERUVEMBA P.O, PALAKKAD
           678 678 531

    62     JAYALAKSHMI SASIDHARAN,
           NEDUMTHARAYIL (OZHANKAL) HOUSE, KALLEKKULAM,
           POONJAR, THEKKEKARA, KOTTAYAM 686 581

           BY ADVS.
           SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL
           BOARD,
           SHRI.P.C.SASIDHARAN, SC, KPSC
           R.T.PRADEEP
           M.BINDUDAS
           K.C.HARISH




     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.02.2022, ALONG WITH WP(C).13961/2021, THE COURT ON 28.2.2022
DELIVERED THE FOLLOWING:
  WP(C).12538 & 13961/21                 15



                                V.G.ARUN, J.
                 -----------------------------------------------
                 W.P(C).Nos.12538 & 13961 of 2021
                 -----------------------------------------------
               Dated this the 28 day of February, 2022

                                JUDGMENT

The petitioners claim to be qualified unemployed persons

awaiting publication of notification by the Public Service Commission

(PSC) for filling up the vacant posts of Assistant Grade-II in the Kerala

State Pollution Control Board. They are aggrieved by the appointment

of the party respondents to those vacancies, without conducting a

selection after issuing separate notification. Instead, the appointees

were advised from an existing ranked list prepared at the instance of

some other establishments, which, according to the petitioners,

violates not only their rights guaranteed under Articles 14 and 16,

but is also against the procedure prescribed in the Kerala Public

Service Commission Rules of Procedure. The essential facts for

resolving the dispute raised in these writ petitions are as under, For

convenience, the documents in W.P(C) No. 13961 of 2021 are

referred to;

The Kerala State Pollution Control Board ('the Board', for short)

was established in 1974, as an independent autonomous body. Up to

the year 2008, recruitment to the Board was conducted by outside

agencies. No regular appointment was made to the Board thereafter.

To tide over the crisis and to ensure proper and unbiased recruitment

to various posts, the Kerala Public Service Commission (Additional

Functions as respects the services under the Kerala State Pollution

Control Board) Act, 2015 with effect from 26.12.2015 (Ext.P1) and

corresponding Rules (Ext.P2) were published on 14.11.2019. The Act

makes it compulsory for the Board to consult the PSC on all matters

relating to direct recruitment to posts, other than that of watchman

and part-time sweeper. Later, the qualification and method of

appointment to the various posts in the Board was prescribed by the

Kerala State Pollution Control Board Recruitment Rules for State and

Subordinate Service, 2001 (Ext.P3). Thereupon, the Board reported

262 vacancies to the PSC. Accordingly, the PSC advised 60

candidates for appointment to the post of Assistant Grade-II in the

Board, followed by Ext. P5 appointment chart. The advice list was

drawn from the existing ranked list of Junior

Assistant/Cashier/Assistant Grade-II/Clerk Grade-II in establishments

like KSFE Limited, KSEB Limited, Thrissur Corporation etc. According

to the petitioners, after entrustment of recruitment with the PSC as

per Exts. P1 and P2 and publication of Exhibit P3 Special Rules,

recruitment to the Board has to be conducted by the PSC, after

publishing separate notification, lest opportunity will be lost to

persons like the petitioners.

2. Heard Sri.Jaju Babu, Senior Counsel appearing for the

petitioners, Advocate T.Naveen for the Board, Advocate

P.C.Sasidharan for the PSC and Government Pleader V.Venugopal for

the State and Advocates R.T.Pratheep and S.Sabarinath for the party

respondents.

3. Learned Senior Counsel referred to the provisions of the

Kerala Public Service Commission Rules of Procedure to contend that

separate notification and test ought to be conducted for assessing

the merit of candidates for recruitment to a service or post. That, the

stipulation in Rule 6 which mandates the presence of the appointing

authority and/or the Head of the Department concerned for taking

part in the deliberations of the Commission clearly indicates that the

Rules envisage separate notification and test for each

establishment/department. Reliance is placed on the decision in

Maya C.V v. State of Kerala and Others [2010 (3) KHC 452] to

contend that this court had interfered with appointments made to

posts/departments, other than those pertaining to the ranked list in

which the candidate was included.

4. Learned Standing Counsel for the PSC submitted that the

Commission had invited applications for the post of Junior

Assistant /Cashier/Assistant Grade-II/Clerk Grade-II in establishments

like KSFE Limited, KSEB Limited, Thrissur Corporation etc vide

notification dated 13.10.2017 (Category No.399/2017). The

educational qualification prescribed was 'B.A, Bsc. Bcom Degree of a

recognised University or its equivalent'. After conducting OMR test,

the rank list was published on 31.12.2019 with 4911 candidates in

the main list and 3059 candidates in various supplementary lists. The

PSC had advised candidates included in the ranked list to the

institutions at whose instance the selection was conducted. While so,

on 3.2.2021, the Board reported 57 vacancies in the post of Assistant

Grade-II. The method of appointment is direct recruitment and the

qualification prescribed as per the Recruitment Rules of the Board is

degree from a UGC recognised University. The qualification, method

of appointment and pay scale of the post of Assistant Grade-II in the

Board is similar to the posts to which the selection was conducted.

Taking these factors into consideration and with the intention of

avoiding delay, unnecessary expenditure, wastage of time and

manpower, the Commission decided to fill up the 57 vacancies

reported by the Board from the ranked list published for Category

No.399/2017. Accordingly, rotation was worked out and, on 7.4.2021,

57 candidates were advised from the ranked list. If the vacancies

reported by the Pollution Control Board were to be set apart and a

separate selection conducted, the candidates would have waited for

more than two years for getting advised against those vacancies.

Moreover, there is no procedural flaw in advising candidates having

the requisite qualification and included in the ranked list for similar

posts after a due process of selection. It is contended that the

decision in Maya C.V (supra) was distinguished by a Bench of the

Kerala Administrative Tribunal in T.A.No.2837 of 2012 and the order

of the Tribunal has merged with the judgment of this Court in O.P.

(KAT).No.4373 of 2012.

5. Learned Standing Counsel for the Board adopted the

contentions of the learned Standing Counsel for the PSC and

submitted that the vacancies were reported after completing

necessary legal procedures. It was accordingly that the PSC advised

candidates and appointments effected by the Board. No prejudice is

caused to the petitioners or any other person by the process, since

the appointed candidates have the requisite qualifications and were

rank listed after due selection process.

6. Learned counsel for the party respondents questioned the

maintainability of the writ petition pointing out that the petitioners

are total strangers to the recruitment process of Assistant Grade-II in

the Board. In W.P(C).No.13961 of 2021 not even a scrap of paper is

produced to substantiate the contention that the petitioner is a

graduate. Moreover, the petitioners' claim of having waited for the

recruitment rules of the Board and till publication of notification

inviting applications to the post of Assistant Grade-II, is too far

fetched. Even otherwise, it is settled law that there cannot be any

public interest litigation in service matters and only an affected

person can seek to challenge the appointment of others. In this

regard, it is pertinent to note that, even though the petitioner in

W.P(C) No. 13961 of 2021 claims to be a graduate, no supporting

document is produced. Going by the affidavit filed along with the writ

petition, the petitioner is aged 33 years. Surprisingly, the petitioner

has not even registered his name in the PSC's portal. Therefore, the

petitioner's contention that he had been waiting for the PSC to

publish the notification inviting applications for the post of Assistant

Grade-II in the Board, is difficult to digest. Curiously, the educational

qualification of the petitioner in W.P(C) No. 12538 of 2021 is MMV ITI,

whereas the qualification for Assistant Grade-II, prescribed in Ext. P3

Special Rules is Degree from a recognised University. As such, the

petitioner cannot even aspire to apply for the post of Assistant

Grade-II. The contention that the petitioners failed to demonstrate

any personal interest and how they are affected by the selection and

appointment of the party respondents is hence, well founded.

Consequently, the writ petitions can be perceived only as public

interest litigations.

7. The legal position that public interest litigations are not

maintainable in service matters is no more res integra. The law on

the point is reiterated in B. Srinivasa Reddy v. Karnataka Urban

Water Supply & Drainage Board Employees' Assn. [(2006) 11

SCC 731 (2)], as under;

"51. It is settled law by a catena of decisions that the court cannot sit in judgment over the wisdom of the Government in the choice of the person to be appointed so long as the person chosen possesses the prescribed qualification and is otherwise eligible for appointment. This Court in R.K. Jain v. Union of India [(1993) 4 SCC 119 : 1993 SCC (L&S) 1128 : (1993) 25 ATC 464] was pleased to hold that the evaluation of the comparative merits of the candidates would not be gone into a public interest litigation and only in a proceeding initiated by an aggrieved person, may it be open to be considered. It was also held that in service jurisprudence it is settled law that it is for the aggrieved person, that is, the non-appointee to assail the legality or correctness of the action and that a third party has no locus standi to canvass the legality or correctness of the action. Further, it was declared that public law declaration would only be made at the behest of a public-spirited person coming before the court as a

petitioner. Having regard to the fact that neither Respondents 1 and 2 were or could have been candidates for the post of Managing Director of the Board and the High Court could not have gone beyond the limits of quo warranto so very well delineated by a catena of decisions of this Court and applied the test which could not have been applied even in a certiorari proceedings brought before the Court by an aggrieved party who was a candidate for the post."

8. The limited grounds on which public appointments can be

interfered with has been set out in M.P.State Coop.Bank Ltd.

Bhopal v. Nanuram Yadav and Others [(2007) 8 SCC 264] as

follows;

"24. It is clear that in the matter of public appointments, the following principles are to be followed:

(1) The appointments made without following the appropriate procedure under the rules/government circulars and without advertisement or inviting applications from the open market would amount to breach of Articles 14 and 16 of the Constitution of India.

(2) Regularisation cannot be a mode of appointment.

(3) An appointment mad in violation of the mandatory provisions of the statute and in particular, ignoring the minimum educational qualification and other essential qualification would be wholly illegal. Such illegality cannot be cured by taking recourse to regularisation.

(4) Those who come by back door should go through that door.

(5) No regularisation is permissible in exericse of the statutory power conferred under Article 162 of the Constitution of India if the appointments have been made in contravention of the statutory rules.

(6) The court should not exercise its jurisdiction on misplaced sympathy.

(7) If the mischief played is so widespread and all pervasive, affecting the result, so as to make it difficult to picm out the persons who have been unlawfully benefited or wrongfully deprived of their selection, it will neither be possible nor necessary to issue individual show-cause notice to each selectee. The only way out would be to cancel the whole selection.

(8) When the entire selection is stinking, conceived in fraud and delivered in deceit, individual innocence has no place and the entire selection has to be set aside."

9. Here, the sole ground of challenge is the failure of the PSC to

issue a separate notification and test for recruitment to the vacancies

reported by the Board. In Maya.C.V (supra) the petitioner was issued

advice memo for appointment as Draughtsman Grade-I/Overseer

Grade-I (Civil) in the Local Self Government Department, even

though the petitioner was included in the ranked list of Draughtsman

Grade-II (Civil) in Harbour Engineering/PWD/Ground Water

Department. The advice memo was set aside by this Court holding

that the petitioner could only be advised and appointed to the posts

to which she was selected and rank listed. For doing so, reliance was

placed in the judgments in W.P(C).Nos.2018/04 and 15115/04. In

Maya C.V (supra) as well as the decisions relied on therein, the

petitioners were included in the ranked list of a particular

department/establishment and advised for appointment to another

department/establishment. Therefore, unlike the petitioners herein,

they were real aggrieved persons. The above decisions are therefore

of no aid to the petitioners. In so far as the petitioners are not

affected by the appointment of party respondents, the recruitment

process and consequential appointments warrant no interference at

the petitioners' instance.

In the result, the writ petitions are dismissed.

Sd/-

V.G.ARUN, JUDGE

vgs

APPENDIX OF WP(C) 12538/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE HALL TICKET OF THE PETITIONER DATED FOR THE EXAMINATION OF DRIVER GRADE II HDV (VARIOUS) HELD ON 04-

09-2014

Exhibit P2 A TRUE COPY OF THE NOTIFICATION DATED 11-

01-2021, PUBLISHED ON 18-01-2021 IN THE OFFICIAL GAZETTE

Exhibit P3 A TRUE COPY OF THE EXTRA ORDINARY GAZETTE NOTIFICATION DATED 30-04-2021 HAVING CATEGORY NO. 124/2021, PUBLISHED IN THE WEBSITE OF THE 3RD RESPONDENT.

Exhibit P4 A TRUE COPY OF THE APPOINTMENT CHART PUBLISHED IN THE WEBSITE OF 3RD RESPONDENT.

EXHIBIT P5: COPY OF KERALA PUBLIC SERVICE COMMISSION (ADDITIONAL FUNCTIONS AS RESPECTS THE SERVICES UNDER THE KERALA STATE POLLUTION CONTROL BOARD) ACT, 2015 DATED 26.12.2015.

EXHIBIT P6: COPY OF KERALA PUBLIC SERVICE COMMISSION (ADDITIONAL FUNCTIONS AS RESPECTS THE SERVICES UNDER THE KERALA STATE POLLUTION CONTROL BOARD) RULES, 2019 DATED 14.11.2019.

EXHIBIT P7: COPY OF NOTIFICATION DATED 13.10.2017 ISSUED FOR THE SELECTION OF ASSISTANT GRADE-II IN KSFE LTD./KSEB LTD./THRISSUR CORPORATION KMCS ELECTRICAL WING ETC.

EXHIBIT P8: COPY OF RELEVANT PAGES OF THE NOTIFICATION NO.649/19/ROQ, RANKED LIST OF CANDIDATES WITH RESPECT TO ASSISTANT GRADE II IN KSFE LTD./KSEB LTD/THRISSUR CORPORATION KMCS ELECTRICAL WING ETC.

EXHIBIT P9: COPY OF PROCEEDINGS OF THE CHAIRMAN DATED 10.6.2021.

EXHIBIT P10: COPY OF LETTER HAVING Lr.NO.PCB/E1/1448/16 DATED 14.6.2021.

RESPONDENTS' EXHIBITS:

EXHIBIT R2(a): COPY OF PROFORMA FOR REPORTING VACANCIES, BY WHICH 58 VACANCIES OF ASSISTANTS GR-II WERE REPRTED TO THE PSC.

EXHIBITR R2(b): COPY OF ADVICE LIST OF 57 CANDIDATES FURNISHED BY THE PSC FOR APPOINTMENT AS ASSISTANTS GR-II ON 7.4.2021.

APPENDIX OF WP(C) 13961/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTIFICATION DATED 26.12.2015 PUBLISHING THE KERALA PUBLIC SERVICE COMMISSION (ADDITIONAL FUNCTIONS AS RESPECTS THE SERVICES UNDER THE KERALA STATE POLLUTION CONTROL BOARD) ACT, 2015.

Exhibit P2 TRUE COPY OF THE NOTIFICATION DATED 14.11.2019 PUBLISHING THE KERALA PUBLIC SERVICE COMMISSION (ADDITIONAL FUNCTIONS AS RESPECTS THE SERVICES UNDER THE KERALA STATE POLLUTION CONTROL BOARD) RULES, 2019.

Exhibit P3 TRUE COPY OF THE NOTIFICATION VIDE NO.

PCB/EI/1448/16 DATED 11.01.2021 PUBLISHED BY THE 1ST RESPONDENT ON 18.01.2021.

Exhibit P4 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 30.04.2021 VIDE CATEGORY NO.124/2021 OF THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE APPOINTMENT CHART FOR THE POST OF JUNIOR ASSISTANT/CASHIER/ASSISTANT GR.II/CLERK GR.I PREPARED BY THE 3RD RESPONDENT.

Exhibit P6 TRUE COPY OF THE ORDER NO.

PCB/E1/1448/2016 (TVPM) DATED 10.06.2021 ISSUED BY THE CHAIRMAN OF THE 2ND RESPONDENT.

Exhibit P7 TRUE COPY OF THE ORDER NO.

PCB/E1/1448/2016(KKD-9) DATED 10.06.2021 ISSUED BY THE CHAIRMAN OF THE 2ND RESPONDENT.

Exhibit P8 TRUE COPY OF THE ORDER NO.

PCB/E1/1448/2016 (EKM-5) DATED 10.6.2021 ISSUED BY THE CHAIRMAN OF THE 2ND RESPONDENT.

Exhibit P9 TRUE COPY OF THE RELEVANT EXTRACT OF THE RANK LIST VIDE NOTIFICATION NO. 649/19/ROQ PUBLISHED BY THE 3RD RESPONDENT.

Exhibit P10 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 13.10.2017 VIDE CATEGORY NO.

399/2017 PUBLISHED BY THE 3RD RESPONDENT.

Exhibit P11 TRUE COPY OF THE COMPLAINT DATED NIL SUBMITTED BY SRI.VISHNU K, SREEKARYAM, THIRUVANANTHAPURAM SUBMITTED BEFORE THE CHAIRMAN/HON'BLE CHIEF MINISTER OF KERALA.

Exhibit P11(A) TRUE COPY OF THE LETTER DATED 7.6.2021 FOR WARDED BY THE ADDITIONAL CHIEF SECRETARY (ENVIRONMENT) TO CHAIRMAN.

Exhibit P12 TRUE COPY OF THE COMPLAINT DATED NIL SUBMITTED BY TEN PERSONS FORWARDED TO THE SECRETARY OF THE 1ST RESPONDENT.

RESPONDENTS' EXHIBITS:

EXHIBIT R2(a): COPY OF PROFORMA FOR REPORTING VACANCIES, BY WHICH 58 VACANCIES OF ASSISTANTS GR-II WERE REPRTED TO THE PSC.

EXHIBITR R2(b): COPY OF ADVICE LIST OF 57 CANDIDATES FURNISHED BY THE PSC FOR APPOINTMENT AS ASSISTANTS GR-II ON 7.4.2021.

EXHIBIT R63(a): COPY OF RELEVANT EXTRACT OF THE RANK LIST PUBLISHED, VIDE NOTIFICATION NO.649/19/ROQ, BY THE 3RD RESPONDENT PUBLIC SERVICE COMMISSION.