Ashokan vs District Collector, Thrissur
2022 Latest Caselaw 8153 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

          FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944

                        WP(C) NO. 36556 OF 2015

PETITIONER/S:

           ASHOKAN
           AGED 51 YEARS
           S/O.ACHUKUTTY, ASSARI HOUSE, ERUMAPETTY, THALAPPILLY TALUK,
           THRISSUR DISTRICT.
           BY ADV SRI.RAJIT


RESPONDENT/S:

     1     DISTRICT COLLECTOR,
           CHAIRMAN (GIC), COLLECTORATE, AYYANTHOLE,
           THRISSUR DISTRICT - 680 001.
     2     THE GENEAL MANAGER
           DISTRICT INDUSTRIES CENTRE, AYYANTHOLE,
           THRISSUR DISTRICT - 680 001.
     3     INDUSTRIES EXTENSION OFFICER
           WADAKKANCHERY BLOCK PANCHAYATH, THRISSUR - 680 587.
     4     ERUMAPETTY GRAMA PANCHAYATH
           ERUMAPETTY, THALAPPILLY TALUK, THRISSUR DISTRICT,
           REPRESENTED BY THE SECRETARY - 680 582.
     5     THE SECRETARY
           ERUMAPETTY GRAMA PANCHAYATH, ERUMAPETTY, THALAPPILLY TALUK,
           THRISSUR DISTRICT - 680 582.
     6     THE DIVISIONAL FOREST OFFICER
           DIVISIONAL FOREST OFFICE, THRISSUR - 680 001.
     7     ADDL.R7 & R8 IMPLEADED:

           ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL
           BOARD, DISTRICT OFFICE, THRISSUR - 680 006.
           (ADDL.R7 IS IMPLEADED AS PER ORDER DATED 08.01.2016 IN I.A.
           NO. 190 OF 2006)

     8     RINOLD K.T., AGED 30 YEARS, S/O. THOMAS,
           KUTTIKKATHIL HOUSE, ERUMAPETTY P.O.,
           THRISSUR DISTRICT, PIN: 680 584.

           (ADDL. R8 IS IMPLEADED AS PER ORDER DATED 06.04.2016 IN I.A.
           NO. 4717 OF 2016)
 W.P.(C) No. 36556/2015                   :2:



            BY ADVS.
            R8 BY SRI.AJEESH K.SASI
            SMT.MISHAL M.DASAN
            SMT.MITHA SUDHINDRAN
            R4 & R5 BY SRI.SHOBY K.FRANCIS
            SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD
            SRI.P.VIJAYA BHANU SR.
            R1 TO R3 BY SRI. K.P. HARISH, SR. GOVERNMENT PLEADER
            R7 BY SRI. T. NAVEEN, SC



     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.07.2022,

     THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
  W.P.(C) No. 36556/2015                     :3:




                             SHAJI P. CHALY, J.
           ---------------------------------------------------------
                           W.P.(C). No. 36556 of 2015
             ---------------------------------------------------------
                 Dated this the 1st day of July, 2022.

                                JUDGMENT

The petitioner has filed this writ petition seeking the following

reliefs:

1. Call for the records leading upto Ext. P10 and quash Ext. P10 by

issuance of a writ of certiorari or any other appropriate writ, order or direction.

2. Issue a writ of mandamus or any other appropriate writ, order

or direction commanding the 5th respondent to conduct an inspection while the unit of the petitioner is working and thereafter assess whether any air or noise pollution is emanating from the unit of the petitioner.

3. Declare that the 5th respondent cannot sit over appeal of the

decision taken by the Green Channel Committee to issue licence.

2. A perusal of the pleadings and the documents produced

along with the writ petition would show that the petitioner is

aggrieved by Ext. P10 order passed by the Secretary of the

Erumapetty Grama Panchayat, respondent No.5, directing him to stop

the activities of an industrial unit run by him, since it is causing sound

and other pollution in the locality. Ext. P4 is the licence issued to the

petitioner in conducting a small scale furniture unit and from the said

document, it is clear that licence granted to the petitioner was for the

period from 11.03.2014 to 10.03.2017. Likewise, the licence granted

by the Secretary of the Grama Panchayat has expired on 31.03.2016,

as is evident from Ext. P9 dated 23.11.2015.

3. The learned Standing Counsel appearing for the Kerala State

Pollution Control Board, additional respondent No.7, submitted that the

petitioner was conducting the unit without securing establishment

permit and consent to operate from the Kerala State Pollution Control

Board, Thrissur Unit.

4. In my considered opinion the subject issue raised in the writ

petition has virtually become infructuous, since as I have pointed out

above, necessary licences given by the statutory authorities have

already expired. Anyhow, the learned Standing Counsel appearing for

the Pollution Control Board submitted that an application submitted by

the petitioner was pending consideration before the Pollution Control

Board.

5. After perusing the pleadings and the documents on record

and hearing Sri. T. Naveen, learned Standing Counsel for the Pollution

Control Board and Sri. Ajeesh K. Sasi, learned counsel appearing for

additional respondent No.8, this writ petition is disposed of as

infructuous.

6. However, I make it clear that if the petitioner is having

necessary and required clearances like consents and licences from the

respective statutory authorities, he is entitled to continue with the

industry.

I also find that when the matter was admitted to the files of this

Court on 03.12.2015, an interim order granted by this Court, which is

still in force.

sd/­ SHAJI P. CHALY, JUDGE.

Rv

APPENDIX OF WP(C) 36556/2015 PETITIONER'S EXHIBITS:

EXT.P1 EXT.P1. TRUE COPY OF THE CERTIFICATE ISSUED BY THE VISWAKARMA SERVICE SOCIETY DATED 10/3/2015. EXT.P2 EXT.P2. TRUE COPY OF THE NOC BEARING NO.5626/2013 DATED 30/8/2013 ISSUED BY THE 5TH RESPONDENT EXT.P3 EXT.P3. TRUE COPY OF THE LETTER DATED 6/1/2014 EVIDENCING THE SANCTIONING OF THE LOAN EXT.P4 EXT.P4. TRUE COPY OF THE LICNESE DATED 11/3/2014 ISSUED BYTHE 6TH RESPONDENT EXT.P5 EXT.P5. TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE 2ND RESPONDENT DATED 26/8/2015. EXT.P6 EXT.P6. TRUE COPY OF THE MINUTES OF THE PROCEEDINGS OF THE GREEN CHANNEL COMMITTEE DATED 25/7/2014.

EXT.P7 EXT.P7. TRUE COPY OF THE REPROT DATED 10/9/2015 ISSUED BY THE 3RD RESPONDENT.

EXT.P8 EXT.P8. TRUE COPY OF THE MINUTES OF THE GREEN CHANNEL COMMITTEE DATED 30/9/2015.

EXT.P9 EXT.P9. TRUE COPY OF THE LICNESE BEARING NO.307/15-16 DATED 23/11/2015.

EXT.P10 EXT.P10. TRUE COPY OF THE LETTER BARING NO.B4-

6176/15 DATED 28/11/2015.

EXT.P11 TRUE COPY OF THE LETTER DATED 03.04.2014 OF THE ADDL. PRINCIPLE SECRETARY, FOREST DEPARTMENT. EXT.P12 TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 12.10.2015.

RESPONDENTS' EXHIBITS:

EXT.R4A: TRUE COPY OF THE COMPLAINT DATED 28.11.2015 SUBMITTED TO THE PANCHAYAT BY RENOLD.

EXT.R4B : TRUE COPY OFTHE COMPLAINT DATED 28.11.2015 SUBMITTED TO THE PANCHAYAT BY RAJAN C.A.

EXT.R4 C: TRUE COPY OF THE COMPLAINT DATED 28.11.2015 SUBMITTED TO THE PANCHAYAT BY MADAVI.

EXT.R4D: TRUE COPY OF THE REQUEST DATED 03.12.2015 SUBMITTED BY THE PETITIONER TO THE SECRETARY.

EXT.R4 E : TRUE COPY OF THE ORDER OF CANCELLATION OF THE LICENCE 08.12.2015 ISSUED BY THE PANCHAYAT.

EXT.R4 F: TRUE COPY OF THE BOTH SIDES OF THE POSTAL ENVELOPS STAMPED ON 11.12.2015 RECEIVED BY THE 4TH RESPONDENT.

/True Copy/ PS to Judge.