P.C.Scaria vs Manju Kunjmon
2022 Latest Caselaw 7225 Ker

WP(C) NO. 10019 OF 2021             1



                   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. 10019 OF 2021
PETITIONER/S:
           P.C.SCARIA
           AGED 72 YEARS
           S/O. T.M. CHERAIN, PUTHUMANA HOUSE, AMAYANOOR P.O,
           AMAYANOOR VILLAGE, KOTTAYAM DISTRICT - 686019.

              BY ADVS.
              K.MOHAMMED RAFEEQ
              SRI.AMARNATH R LAL


RESPONDENT/S:
     1     MANJU KUNJMON
           W/O. BOBY THOMAS, 9/280, PALACKAL HOUSE, AMAYANOOR P.O,
           KOTTAYAM - 686019.

      2        THE AYARKUNNAM GRAM PANCHAYAT
               AYARKUNNAM P.O, KOTTAYAM DISTRICT - 686564, REPRESENTED
               BY ITS SECRETARY..

      3        HEALTH INSPECTOR
               COMMUNITY HEALTH CENTRE, AYARKUNNAM, KOTTAYAM - 686564.

      4        KERALA STATE POLLUTION CONTROL BOARD,
               SRI. NIVAS IYER ROAD, KOTTAYAM - 686011, REPRESENTED BY
               ITS ENVIRONMENTAL ENGINEER.

               BY ADVS.
               O.D.SIVADAS, R2
               K.S.MURALIKRISHNAN NAIR


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:
 WP(C) NO. 10019 OF 2021              2


                        P.V.KUNHIKRISHNAN, J
                  --------------------------------------------
                      W.P.(C.) No. 10019 of 2021
                     --------------------------------------
                 Dated this the 23rd day of June, 2022


                                JUDGMENT

The above writ petition is filed with following prayers :

"1. Issue a writ of mandamus or any other appropriate writ or direction or order directing the second respondent to take the decision on the basis of Ext P1 judgment by virtue of Ext P4 and P5 lab report expeditiously within a period which may be prescribed by this Hon'ble Court.

2. Direct the second respondent to demolish the unauthorised illegal dairy farm conducted by the first respondent within a period which may be prescribed by this Hon'ble Court.

3. Direct the third and fourth respondent to conduct the field inspection in the dairy farm conducting by the first respondent and also direct them to conduct a periodical inspection therein.

4. Issue any other order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case." [SIC]

2. According to the petitioner, the 1st respondent is

conducting an unauthorised dairy farm having more than 60

animals including cows and calf. The petitioner submitted that

the dairy farm is very near to the petitioner's family residence.

Because of this unauthorised dairy farm, the petitioner is

facing so many problems including foul smell etc. Exts.P4 and

P5 are lab reports and according to the petitioner, it is crystal

clear that the drinking water of the petitioner's well water and

canal water is having presence of Coliform bacteria. It is stated

that the PH of water is very low (acidic). The presence of

Coliform bacteria in drinking water will pose immediate health

risk to anyone who is consuming the said water. It is the

grievance of the petitioner that even after Exts.P4 and P5 were

received by the 2nd respondent, the 2nd respondent has not

initiated any action against the illegal operation of the farm

conducted by the 1st respondent. It is also stated that even

though this Court directed the 2 nd respondent to take decision

on the complaint of the petitioner as per Ext.P1 judgment, the

2nd respondent never took a decision. Hence, this writ petition.

3. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the 4th respondent.

4. After hearing both sides, I think this writ petition can

be disposed of directing the 2 nd respondent to consider the

grievance of the petitioner based on Exts.P4 and P5. For taking

a decision, the petitioner can be directed to file a fresh

representation. If such a representation is received, the 2 nd

respondent will consider the same after giving an opportunity

of hearing to the petitioner and the 1st respondent.

Therefore, this writ petition is disposed of with the

following directions :

1) The petitioner is free to file a representation producing

Exts.P4 and P5 lab reports before the 2nd respondent

within three weeks from the date of receipt of a copy of

this judgment.

2) Once such a representation is received along the

documents, the 2nd respondent will consider the same and

pass appropriate orders in it, within two months from the

date of receipt of the representation, after giving an

opportunity of hearing to the petitioner and the 1 st

respondent.

3) All the contentions raised in the writ petition are left

open.

4) The 2nd respondent will also get a report from the 4 th

respondent before passing final orders.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 10019/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 09.09.2020 IN WPC NO. 17782/2020 ON THE FILE OF THIS HONOURABLE COURT.

EXHIBIT P2 TRUE COPY OF THE NOTICED 19.10.2020 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE MINUTES RECORDED BY THE SECOND RESPONDENT WITHOUT INSISTING PROPER DATE.

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE OF EXAMINATION OF WELL WATER DATED 02.02.2021 PREPARED BY THE FOOD ANALYST GOVERNMENT ANALYSTS LABORATORY.

EXHIBIT P5 TRUE COPY OF THE CERTIFICATE OF EXAMINATION OF CANAL WATER DATED 02.02.2021 PREPARED BY THE FOOD ANALYST GOVERNMENT ANALYSTS LABORATORY.

EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 01.03.2021 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REPLY DATED 26.03.2021 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.