Kerala High Court
Nazeer Aliyar vs Muvattupuzha Municipality on 23 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 5717 OF 2013
PETITIONER:
NAZEER ALIYAR
AGED 42 YEARS
AGED 42 YEARS, SON OF MR.ALIYAR, RESIDING AT
PLAMOOTIL HOUSE, MARKET P.O.,
MUVATTUPUZHAERNAKULAM DISTRICT - 686 673.
BY ADV SRI.N.ANILKUMAR
RESPONDENTS:
1 MUVATTUPUZHA MUNICIPALITY
REPRESENTED BY ITS SECRETARY,
MUNICIPAL BUILDINGS, MUVATTUPUZHA
ERNAKULAM DISTRICT PIN CODE NO.686 661
2 THE DISTRICT COLLECTOR
ERNAKULAM DISTRICT, CIVIL LINE
KAKKANAD, KOCHI - 682 030.
3 THE KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY
ITS CHAIRMAN, THIRUVANANTHAPURAM - 689 001
4 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT
LOCAL SELF GOVERNMENT,
THIRUVANANTHAPURAM - 689 001
BY ADVS.
SRI.V.M.KURIAN
SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL
BOARD
OTHER PRESENT:
SRI.T.NAVEEN, SC, SMT.VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.5717/2013
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.5717 of 2013
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Dated this the 23rd day of June, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. To issue a writ of mandamus or any other
appropriate writ, order or direction directing the
first Respondents to stop the working of the
Slaughter House situated in the property
comprised in Survey Nos. 861/7, 861/8, 861/9-A,
861/9 A (2) and 861/10 of Velloorkunnam Village
in Muvattupuzha Taluk as expeditiously as
possible within a stipulated time.
ii. To grant the Petitioner such other and further
reliefs that may be prayed for from time to time
and this Honourable Court may deem fit and
proper to grant in the interest of justice.
(SIC)
2. When this writ petition came up for consideration
on 01.08.2013, this Court passed the following order:
" The complaint of the petitioner, a resident of
the Muvattupuzha Municipality is that the Slaughter
House conducted by the first respondent
Municipality is polluting the air and water in the
area, apart from causing health hazards to the
W.P.(C).No.5717/2013
residents of the locality. It is also contended that the
Slaughter House has been established and is being
operated without obtaining any permission from the
Kerala State Pollution Control Board. According to
the petitioner, the Slaughter House is set up in a
paddy field in violation of the provisions of the Food
Safety Act and Rules.
2. A statement has been filed by the first respondent.
According to the first respondent, the Slaughter
House is a modern, advanced and properly planned
one. It is bounded on all sides by proper compound
walls. The vegetable market and bus stand are
situate in separate compounds. The Municipality is
undertaking regular sweeping, washing, spraying
and cleaning operations to maintain the
establishment in a hygienic manner. The allegations
of pollution are denied. However, the statement does
not deny the allegation of the petitioner that the
required permission from the Pollution Control Board
was not obtained either before establishing the
Slaughter House or before starting the operations
thereof.
3. Advocate M. Ajay appears for the third respondent
Pollution Control Board. According to the counsel, no
consent has been issued by the Pollution Control
Board either to establish the Slaughter House or to
function the same. Since the Pollution Control Board
has not inspected the same, the counsel is not able to
say anything about the allegation that the conduct
W.P.(C).No.5717/2013
thereof is causing pollution. It is submitted that the
law does not permit a Slaughter House to be
established or operated without obtaining necessary
consent from the Pollution Control Board. The
counsel also places before me a copy of the interim
order granted by the Hon'ble Supreme Court in Writ
Petition (Civil) Nos.309 of 2013 and connected cases.
The interim order stresses the need to modernize
Slaughter Houses and to maintain them in proper
condition, so as to ensure that there is no pollution or
health hazard. The Hon'ble Supreme Court has also
noted that the Pollution Control Board is conferred
with ample powers to make surprise inspections to
assess the impact of the functioning of the Slaughter
Houses on the environment and in appropriate cases,
to order closure of a Slaughter House if it is found
that the same does not satisfy the requirements of
hygiene and modernization. The State Governments
have also been directed to constitute a specialized
committee to monitor and oversee the functioning of
the Slaughter Houses. However, in spite of the above
direction, the Pollution Control Board appears to
have done precious little in monitoring the manner in
which, the Slaughter House of the first respondent
has been functioning. It is submitted by the counsel
that the Slaughter House has been functioning from
2010 onwards.
4. Heard the counsel appearing for the respective
parties. Since it is not in dispute that the Slaughter
W.P.(C).No.5717/2013
House does not have a consent from the Pollution
Control Board, either to establish or to operate, the
same cannot be permitted to function. It is up to the
first respondent to have obtained necessary
permission before establishing the same. The first
respondent being an authority empowered with the
duty to enforce the Rule of Law at the local
administration level, it is not justified in ignoring and
violating the provisions of law. Therefore, I am
satisfied that this is a fit case in which an interim
order is required to be issued.
There shall therefore be an interim direction to
stop the functioning of the Slaughter House
conducted by the first respondent forthwith. The first
respondent shall submit a proper application for the
issue of a consent from the Pollution Control Board.
The Pollution Control Board shall conduct necessary
inspection to verify the suitability of site, the
sufficiency and efficacy of the facilities that are
provided and decide whether a consent should be
granted to the Slaughter House. A report of the
inspection shall also be made available to this
Court."
3. This writ petition is pending from 2013 onwards.
After the above order, the case was not listed. In the light of
the above order, nothing survives in this writ petition. If the
petitioner has got any further grievance, he is free to
W.P.(C).No.5717/2013
approach the statutory authorities and the statutory
authorities will do the needful in accordance to law.
With the above observation, this writ petition is closed.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.5717/2013
APPENDIX OF WP(C) 5717/2013
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE INTIMATION LETTER NO
2/13 DATED 6.2.2013 RECEIVED FROM
VELLOORKUNNAM VILLAGE SHOWING
Exhibit P2 TRUE COPY OF THE MASS PETITION DATED
28.5.2010 SUBMITTED BEFORE THE
POLLUTION CONTROL BOARD
Exhibit P3 TRUE COPY OF THE NEWS REPORT APPEARED
IN MATHRUBHUMI DAILY DATED 29.6.2010
Exhibit P4 TRUE COPY OF THE NEWS REPORT APPEARED
IN MADHYAMAM DAILY DATED 23.6.2010
Exhibit P5 TRUE COPY OF THE NEWS REPORT APPEARED
IN MALAYALA MANORAMA DAILY DATED DATED
26.2.2012
Exhibit P6 TRUE COPY OF THE COMMISSION REPORT
DATED 1.2.2021 FILED BEFORE THE
MUNSIFFS COURT MUVATTUPUZHA IN O.S NO
64 OF 2011
RESPONDENT EXHIBITS
Exhibit R3(A) COPY OF THE CONSENT TO OPERATE DATED
1.7.10
Exhibit RR3(B) COPY OF THE REFUSAL INTENTION NOTICE
DATED 3.7.2013
Exhibit R3(C) COPY OF THE AUTHORIZATION REFUSAL
ORDER DATED 7.3.2013
Exhibit R3(D) COPY OF THE LETTER TO THE SECRETARY
DATED 21.8.2013
Exhibit R3(E) COPY OF THE DIRECTION FROM THE MEMBER
SECRETARY DATED 16.11.2012
Exhibit R3(F) COPY OF THE REFUSAL INTENTION NOTICE
DATED 19.8.2013
