Kerala High Court
Ajitha P.K vs The Vadavukode Puthencruz Grama ... on 3 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
WP(C) NO. 11551 OF 2022
PETITIONER:
AJITHA P.K
AGED 60 YEARS
W/O. LATE SASI K.V, 'SUKRUTHAM' WARD NO.3/34,
PEECHINGACHIRA, P.O. PUTHENCRUZ - 682308.
BY ADVS.
R.PARTHASARATHY
SEEMA
RESPONDENTS:
1 THE VADAVUKODE PUTHENCRUZ GRAMA PANCHAYAT,
REPRESENTED BY ITS PRESIDENT, P.O. PUTHENCRUZ, PIN -
682308, ERNAKULAM DISTRICT.
2 THE SECRETARY
VADAVUCODE PUTHENCRUZ GRAMA PANCHAYATH, P.O, PUTHENCRUZ
- 682308, ERNAKULAM DISTRICT.
3 THE ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE -
II, PERUMBAVOOR - 683542, ERNAKULAM DISTRICT.
4 THE MEDICAL OFFICER
C.H.C. VADAVUCODE, VADAVUCODE P.O, ERNAKULAM DISTRICT,
PIN - 682310.
5 THE HEALTH INSPECTOR
C.H.C. VADAVUCODE, VADAVUCODE P.O, ERNAKULAM DISTRICT,
PIN - 682310.
6 ANILKUMAR K.K.,
S/O. KRISHNAN, KAMMALA HOUSE, VELOOR KARA, PUTHENCRUZ
VILLAGE, PUTHENCRUZ P.O, - 682308, ERNAKULAM DISTRICT.
7 M/S.SILENT ENTERPRISES,
REPRESENTED BY ITS MANAGER, NEAR WCC JUNIOR SCHOOL,
PEECHINGACHIRA, KANINADU P.O - 682310, ERNAKULAM
DISTRICT.
BY ADVS.
W.P (C) No.11551 of 2022
2
K.S.ARUN KUMAR
K.S.ARUN KUMAR, SC, VADAVUKODE PUTHENCRUZ GRAMA
PANCHAYATH
SHIBU JOSEPH
OTHER PRESENT:
SRI.T.NAVEEN, SC FOR R3, SMT.VIDYA KURIAKOSE, GP
FOR R4 & 5
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P (C) No.11551 of 2022
3
P.V.KUNHIKRISHNAN
---------------------
W.P (C) No.11551 of 2022
---------------------------
Dated this the 3rd day of June, 2022
JUDGMENT
The writ petition is filed with the following prayers:-
i) Issue a writ of mandamus or any other
appropriate writ order or direction directing the 1st
and 2nd respondent to take action on Exhibit P1
complaint and stop the activities of the 7th
respondent in the property in R.S.No.238/8 of
Puthencruz Village, in Ward No.6 of Vadavucode -
Puthencruz Grama Panchayath, in the light of
Ext.P14 report of the 5th respondent.
ii) Issue a writ of mandamus or any other
appropriate writ, order or direction directing the
3rd respondent to take action on Exhibit P10
complaint and stop the activities of 7th respondent
in the property of 6th respondent in R.S.No.238/8
of Puthencruz Village, in Ward No.6 of
Vadavucode- Puthencruz Grama Panchayath.
2. The petitioner is a resident of Ward No.3 of
Vadavucode - Puthencruz Grama Panchayath, Ernakulam. It
is the case of the petitioner that in front of her residence,
on the opposite side of the PWD road in Resurvey No.238/8
of Puthencruz Village, Kunnathunad Taluk, Ernakulam
District, the 6th respondent and the 7th respondent has
started a yard where Heat Exchangers, Boilers, Vessels,
W.P (C) No.11551 of 2022
Containers, Reactors, Furnaces ducts, Pipes etc are brought
from Refineries and other Industries for breaking them. It is
the case of the petitioner that Heat Exchangers, Boilers,
Vessels, Containers, Reactors, Furnaces ducts, Pipes etc., all
have chemical residues in it and when these are being
broken down by using thermal (gas cutting) as well as
mechanical process the residues within the eat Exchangers,
Boilers, Vessels, Containers, Reactors, Furnaces ducts,
Pipes etc. get burned and emit smoke and it is highly
harmful. According to the petitioner, this is done without
getting a trade licence. It is also submitted that the consent
from the Pollution Control Board is not obtained. Ext.P4 is
the report of the Health Inspector, in which it is stated that
there is no pollution. Hence, this writ petition.
3. Heard the learned counsel for the petitioner and
the learned counsel appearing for 1st and 2nd respondents. I
also heard the learned Standing Counsel appearing for the
3rd respondent and the Government Pleader appearing for
respondents Nos.4 and 5.
4. When this writ petition came up for consideration
on 08.04.2022, this Court passed the following order:-
W.P (C) No.11551 of 2022
"The respondents to place on record their
counter affidavit. The respondents 1 to 3 to ensure
that the respondents 6 and 7 will not carry out any
activities which require licence without obtaining
trade licence and permissions.
Post after vacation."
5. Now the 1st respondent - Panchayath filed a
counter affidavit, in which it is stated that there is sound
and air pollution by usage of machineries. Paragraph 5 of
the counter affidavit reads as follows:-
"The averments in paragraph 4 are partially
false. This respondent has acted prudently on
receiving the said complaint of the petitioner. The
Health Inspector was instructed to conduct an
inspection. The inspection finds the said industry is
causing potential sound and air pollution by the
usage of machineries. The said industry is also found
functioning without a licence from the Panchayath.
On 24.03.2022 this respondent issued a notice
directing to temporarily stop functioning of the
industry and to obtain a valid license."
6. In the light of the same, it is clear that there is
sound pollution and there is no licence obtained by 6 th and
7th respondents for conducting industries. In the light of the
same, the interim order passed by this Court can be made
W.P (C) No.11551 of 2022
absolute. If any application for licence is received by the
statutory authorities from side of 6 th and 7th respondents for
the industries, the statutory authorities shall hear the
petitioner also before passing final orders in those
application. Therefore, this writ petition is disposed of with
the following directions:-
I) The interim order dated 08.04.2022 is made
absolute.
II) The 6th and 7th respondents shall not carry out any
activities in the neighbourhood of the petitioner, without
obtaining trade licence and permissions from statutory
authorities if it requires such permissions and licence.
III) If any application is received from 6th and 7th
respondents to carry out the activities in the
neighbourhood of the petitioner, the statutory authorities
should give notice to the petitioner before passing final
orders.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
W.P (C) No.11551 of 2022
APPENDIX OF WP(C) 11551/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE
THE 1ST RESPONDENT DATED 18.02.2022.
Exhibit P2 TRUE COPY OF THE ACKNOWLEDGMENT DATED
18.02.2022.
Exhibit P3 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE
THE 5TH RESPONDENT DATED 18.02.2022.
Exhibit P4 TRUE COPY OF THE REPORT OF THE 5TH
RESPONDENT DATED 18.03.2022.
Exhibit P5 TRUE COPY OF THE LETTER BY THE 4TH
RESPONDENT TO THE 2ND RESPONDENT FORWARDING
THE REPORT BY THE 5TH RESPONDENT DATED
21.03.2022.
Exhibit P6 TRUE COPY OF THE APPLICATION SUBMITTED TO
THE 2ND RESPONDENT UNDER RIGHT TO
INFORMATION ACT DATED 17.03.2022.
Exhibit P7 THE COPY OF THE ACKNOWLEDGMENT DATED
17.03.2022.
Exhibit P8 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE
RESIDENTS OF THE AREA BEFORE THE 2ND
RESPONDENT DATED 22.3.2022.
Exhibit P9 TRUE COPY OF THE ACKNOWLEDGEMENT DATED
24.03.2022.
Exhibit P10 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE
PETITIONER AND OTHER RESIDENTS IN THE AREA
TO THE 3RD RESPONDENT DATED 22.03.2022.
Exhibit P11 TRUE COPY OF THE ACKNOWLEDGEMENT DATED
24.03.2022.
Exhibit P12 PHOTOGRAPHS OF THE ACTIVITIES OF 7TH
RESPONDENT AND THAT OF THE LOCALITY.
