Kerala High Court
I.V.Ratnappan vs Kerala State Pollution Control ... on 1 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 1862 OF 2012
PETITIONER:
I.V.RATNAPPAN, AGED 76 YEARS
S/O AYYAN, VELLAPPILLY HOUSE,
KALAVAMKODAM P. O., CHERTHALA, ALAPUZHA DIST.
BY ADVS.
RENJITH THAMPAN (SR.)
V.M.KRISHNAKUMAR
RESPONDENTS:
1 KERALA STATE POLLUTION CONTROL BOARD
O/O. POLLUTION CONTROL BOARD, ALAPUZHA,
THATHAMPALLY P. O., ALAPUZHA,
PIN - 688 013, REP. BY ENVIRONMENTAL ENGINEER.
2 VAYALAR GRAMAPANCHAYAT
REP. BY ITS SECRETARY, VAYALAR P. O., CHERTHALA,
ALAPUZHA DIST., PIN - 688 536.
3 CIRCLE INSPECTOR OF POLICE
CHERTHALA, ALAPUZHA DIST. PIN - 688 524.
4 V. S. BABY, S/O. SANKARANKUJU,
NAMAKKAT HOUSE, KALAVAMKODAM P. O., CHERTHALA,
ALAPUZHA DIST. PIN - 688532.
BY ADVS.SRI.T.NAVEEN, SC,
SMT.DEEPA NARAYANAN, SR.GP
SRI. M.AJAY, SC, KERALA PCB
S.P.ARAVINDAKSHAN PILLAY
S.A.ANAND
L.JAYAWANTH
PETER JOSE CHRISTO
N.SANTHA
V.L.SHENOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.1862/2012
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.1862 of 2012
----------------------------------------------
Dated this the 01st day of June, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ in the nature of mandamus
commanding the respondents 1 to 3 to ensure
that the coir waste deposited in the 4 th
respondent's property is removed by the 4 th
respondent within such time as may b fixed by
this Hon'ble Court.
ii. Issue a writ in the nature of mandamus
commanding the respondents 1 to 3 to ensure
that the 4th respondent does not conduct the coir
factory, in violation of conditions mentioned in
Ext.P13 consent to operate and conducts the unit
only after getting consent from the 1st
respondent Board.
iii. Direct the 1st respondent to take statutory action
against the 4th respondent for violation of the
provisions of the Water (Prevention and Control of
Pollution) Act, Air (Prevention and Control of
Pollution) Act, and Environment Protection Act
W.P.(C).No.1862/2012
1986 within such time as may be fixed by this
Hon'ble Court.
iv. Issue such other orders, writs or directions as are
deemed fit by this Hon'ble court.
v. Award cost of this proceedings to the petitioner.
(SIC)
2. When this writ petition came up for consideration
on 29.03.2012, this Court passed an order based on the
instructions from the Pollution Control Board, which is
extracted hereunder:
"It is submitted by the learned counsel for the
Pollution Control Board that a closure notice has
already been issued to the 4 th respondent. The
learned counsel for the petitioner submits that the
Unit is still functioning.
The 2nd respondent shall see if necessary with
the aid of the Police that as long as the closure notice
of the Pollution Control Board is in force the 4 th
respondent does not operate the Unit."
3. In the light of the same, nothing survives in this
case. Hence, if the closure notice is in force, and it is not
varied by any competent authority, the 2nd respondent will do
the needful to see that, the closure notice implemented in
letter and spirit.
W.P.(C).No.1862/2012
Therefore, recording the interim order dated 29.03.2012,
this writ petition is closed.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.1862/2012
APPENDIX OF WP(C) 1862/2012
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE MASS PETITION FILED
BY THE PETITIONER AND 61 OTHERS BEFORE
THE DISTRICT COLLECTOR.
Exhibit P2 TRUE COPY OF THE LETTER DATED
14.1.2010 ISSUED BY THE PANCHAYAT TO
THE 4TH RESPONDENT.
Exhibit P3 TRUE COPY OF THE RESOLUTION DATED
05.02.2010 OF THE 2ND RESPONDENT
PANCHAYAT.
Exhibit P4 TRUE COPY OF THE LETTER DATED
30.11.2009 OF THE 2ND RESPONDENT
PANCHAYAT TO THE 4TH RESPONDENT.
Exhibit P5 TRUE COPY OF THE LETTER DATED
18.12.2009 OF THE 2ND RESPONDENT
PANCHAYAT TO THE PETITIONER .
Exhibit P6 TRUE COPY OF THE LETTER DATED
23.12.2009 OF THE PETITIONER FILED
BEFORE THE POLLUTION CONTROL BOARD.
Exhibit P7 TRUE COPY OF THE LETTER DATED
23.12.2009 OF THE PETITIONER FILED
BEFORE THE DISTRICT MEDICAL OFFICER.
Exhibit P8 TRUE COPY OF THE PHOTOGRAPH SHOWING
THE HUGE DEPOSIT OF FIBRE WASTE.
Exhibit P9 TRUE COPY OF THE LETTER DATED
04.02.2010 OF THE PUBLIC INFORMATION
OFFICER TO THE PETITIONER.
Exhibit P10 TRUE COPY OF THE LETTER DATED
24.2.2010 OF THE MEDICAL OFFICER,
VAYALAR TO THE PETITIONER.
Exhibit P11 TRUE COPY OF THE JUDGMENT IN W.P.
(C).NO.9204/2010 DATED 31.05.2010.
Exhibit P12 TRUE COPY OF THE INTERIM ORDER IN
WP(C).NO.35245/2010 DATED 08.12.2010.
Exhibit P13 TRUE COPY OF THE CONSENT ISSUED BY THE
1ST RESPONDENT TO M/S PADMA FIBRE
INDUSTRY DATED 30.03.2011.
Exhibit P14 TRUE COPY OF THE LETTER DATED
07.06.2011 ISSUED BY THE PETITIONER TO
THE POLLUTION CONTROL BOARD..
W.P.(C).No.1862/2012
Exhibit P15 TRUE COPY OF THE NOTICE ISSUED BY THE
1ST RESPONDENT TO THE 4TH RESPONDENT
ON 15.7.2011.
Exhibit P16 TRUE COPY OF THE LETTER DATED
26.09.2011 OF THE POLLUTION CONTROL
BOARD ISSUED TO THE 4TH RESPONDENT.
RESPONDENT EXHIBITS
Exhibit R4(a) COPY OF LICENCE NO.C5-2995/11 DATED
11-4-2011 ISSUED BY VAYALAR GRAM
PANCHAYAT.
Exhibit R4(b) COPY OF THE LETTER DATED 10-7-2010
ISSUED BY COIRFED, ALAPPUZHA.
Exhibit R4(c) COPY OF THE LETTER DATED 21-6-2010
ISSUED BY ALAPPUZHA COIR CLUSTER
DEVELOPMENT SOCIETY.
Annexure I TRUE COPY OF THE CONSENT
NO.PCB/ALP/IC-1603/2011 DATED
30.3.2011.
Annexure II TRUE COPY OF THE CONSENT REVOCATION
ORDER NO. PCB/ALP/UCO/1429/09 DATED
26.09.11.
Annexure III TRUE COPY OF THE CLOSURE INTENTION
NOTICE DATED 21. 02.12.
