S.Shanavas vs The State Of Kerala
2023 Latest Caselaw 3355 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
   FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                     WP(C) NO. 28771 OF 2022
PETITIONER:

          S.SHANAVAS
          AGED 45 YEARS
          S/O.LATE SHARAFUDEEN,
          R/O SHYJU MANZIL, PORUVAZHY P.O.,
          BHARANIKAVU, KOLLAM - 690 520.

          BY ADVS.
          M.K.CHANDRA MOHANDAS
          SHAKTHI PRAKASH
          K.DHRUV KUMAR
          HARIKRISHNAN M.S.


RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          HOME DEPARTMENT, MAIN BLOCK,
          SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

    2     THE DISTRICT COLLECTOR
          DISTRICT COLLECTORATE,
          KOLLAM - 691 013.

    3     THE STATE POLICE CHIEF
          POLICE HEAD QUARTERS,
          THIRUVANANTHAPURAM - 695 001.

    4     THE DISTRICT POLICE CHIEF
          OFFICE OF THE DISTRICT POLICE CHIEF,
          MUNDAKKAL, KOLLAM - 691 001.

    5     THE DEPUTY SUPERINTENDENT OF POLICE
          OFFICE OF THE DY. SUPERINTENDENT OF POLICE,
          SASTHAMKOTTA,
          KOLLAM - 690 521.
 W.P.(C) No.28771 of 2022

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    6    THE STATION HOUSE OFFICER
         SASTHAMKOTTA POLICE STATION,
         KOLLAM DISTRICT - 690 521.

    7    THE KERALA STATE POLLUTION CONTROL BOARD
         DISTRICT OFFICE,
         PATHANAMTHITTA - 691 524
         REPRESENTED BY THE ENVIRONMENTAL ENGINEER.

    8    WEST KALLADA GRAMA PANCHAYAT
         WEST KALLADA GRAMA PANCHAYAT OFFICE,
         SASTHAMKOTTA, KOLLAM - 690 521,
         REPRESENTED BY THE SECRETARY.

    9    SABIN
         R/O SABIN NILAYAM, VILANTHARA P.O.,
         VALIYAPADAM, WEST KALLADA,
         KOLLAM - 691 500.

   10    SUDHARSANAN
         S/O.GOPI, R/O. THARAYIL VADAKKATHIL,
         KARALIMUKKU, VILANTHARA P.O.,
         VALIYAPADAM, WEST KALLADA,
         KOLLAM - 691 500.

   11    UDAYAN
         S/O.BHASKARAN, R/O. THARAYIL KIZHAKKATHIL,
         VILANTHARA P.O., VALIYAPADAM,
         KARALIMUKKU, WEST KALLADA,
         KOLLAM - 691 500.

   12    SHASHI
         R/O POONCHOLA, PADINJATTAYIL, VILANTHARA P.O.,
         VALIYAPADAM, KARALIMUKKU,
         WEST KALLADA,
         KOLLAM - 691 500.
 W.P.(C) No.28771 of 2022

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   13    MAKKU
         S/O.MANOHARAN, R/O. POONCHOLAYIL,
         VILANTHARA P.O., VALIYAPADAM,
         KARALIMUKKU, WEST KALLADA,
         KOLLAM - 691 500.

   14    PRABHAKARAN
         S/O.RAMACHANDRAN, R/O. KADOOKKARA VEETIL,
         VILANTHARA P.O., VALIYAPADAM,
         KARALIMUKKU, WEST KALLADA,
         KOLLAM - 691 500.

   15    RADHAKRISHNAN
         S/O.RAMACHANDRAN, R/O KADOOKKARA VEETIL,
         VILANTHARA P.O., VALIYAPADAM,
         KARALIMUKKU, WEST KALLADA,
         KOLLAM - 691 500.

   16    BHASI
         S/O.RAMACHANDRAN, R/O.KADOOKKARA VEETIL,
         VILANTHARA P.O., VALIYAPADAM,
         KARALIMUKKU, WEST KALLADA,
         KOLLAM - 691 500.

 ADDL 17 THE KERALA STATE POLLUTION CONTROL BOARD,
         DISTRICT OFFICE, KOLLAM- 691 001.
         REPRESENTED BY THE ENVIRONMENTAL ENGINEER.
         [ADDL.R17 IS IMPLEADED AS PER ORDER
         DATED DATED 06/10/2022 IN I.A NO:1/22
         IN WP(C) 28771/2022]

         BY ADVS.
         SIJU KAMALASANAN, SC
         BINU GEORGE
         HEMALATHA
         ARYA UNNIKRISHNAN
         T.NAVEEN SC.
         E.C.BINEESH GP.
 W.P.(C) No.28771 of 2022

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     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.28771 of 2022

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                         JUDGMENT

Dated this the 24th day of March, 2023

The petitioner is the owner of a Metal Crusher Unit

functioning in West Kallada Village of Kollam District.

2. According to the petitioner, since 20.08.2022, certain

persons including respondents 10 to 16, acting at the instance of

the 9th respondent, are causing hindrance and obstruction to the

functioning of the Unit without any reason. Respondents 9 to 16

and their men have been making obstructions in front of the

Crusher Unit and on the road leading to the Unit.

3. The petitioner states that they have threatened the

petitioner to organise a protest until the Unit is closed down.

Though the petitioner requested respondents 5 and 6 to provide

adequate police protection, no police protection has been granted. W.P.(C) No.28771 of 2022

The petitioner apprehends that the miscreants will break into the

premises at any moment and damage the machinery and cause

physical threat to the petitioner and his workmen.

4. Counsel entered appearance on behalf of respondents

9 to 16 and resisted the writ petition. The counsel for respondents

9 to 16 submitted that the petitioner is conducting Crusher Unit, in

gross violation of the Statutory Rules and without adhering to the

norms prescribed by the Environmental Engineer of the Kerala

State Pollution Control Board. The activities of the petitioner is

creating untold hardship to the local residents.

5. Respondents 9 to 16 further contended that after

obtaining licence from the local authorities for conducting a small

scale Crusher Unit of 100 HP, the petitioner has illegally replaced

a heavy Crusher Unit and bunker for producing M-sand and other

allied products. The respondents and other local residents are

suffering from air and sound pollution caused due to the unlawful W.P.(C) No.28771 of 2022

functioning of the Crusher Unit. The intention of the petitioner in

filing this writ petition is to violate statutory rules for commercial

gain. The writ petition is therefore liable to be dismissed,

contended the counsel for respondents 9 to 16.

6. I have heard the learned counsel for the petitioner, the

learned Government Pleader representing respondents 1 to 6, the

respective Standing Counsel representing respondents 7, 8 and

the additional 17th respondent and the learned counsel appearing

for respondents 9 to 16.

7. The petitioner would submit that he is running the Crusher

Unit after obtaining statutory clearances, licences and permits.

The case of the contesting respondents is that the Environmental

Engineer of the Kerala State Pollution Control Board issued notice

to the petitioner on 08.12.2022, as evidenced by Ext.R9(i) from

which it is evident that the petitioner has not satisfied the Pollution

Control Norms. The Environmental Engineer has listed six W.P.(C) No.28771 of 2022

statutory violations in the functioning of the Crusher Unit.

8. The Standing Counsel for the Kerala State Pollution

Control Board would submit that after issuing Ext.R9(i) notice, the

petitioner has made good the defects/short comings pointed out.

The Pollution Control Board Officials have visited the site of the

petitioner and has found that the instructions given in Ext.R9(i) to

the petitioner stand complied with.

9. In view of the statutory compliance and the compliance

of the Pollution Control Norms, when the petitioner is running the

Crusher Unit after obtaining all other statutory clearances,

respondents 9 to 16 cannot make obstruction to the functioning of

the Unit. If respondents 9 to 16 have any further grievance

regarding the functioning of the Crusher Unit, they shall take their

grievances before the appropriate statutory authorities.

In the facts and circumstances of the case, the writ petition is

disposed of directing respondents 5 and 6 to give adequate W.P.(C) No.28771 of 2022

protection to the functioning of the petitioner's Crusher Unit from

any obstruction from respondents 9 to 16, on condition that the

petitioner continues to run the Crusher Unit with all licences and

permits.

Sd/-

N. NAGARESH JUDGE ams W.P.(C) No.28771 of 2022

APPENDIX OF WP(C) 28771/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE D& O LICENSE DATED 05/04/2022 ISSUED BY THE 8TH RESPONDENT. Exhibit P2 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE DATED 22/05/2018 ISSUED BY THE 7TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE DEALER'S LICENSE DATED 17/08/2022 ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY.

Exhibit P4 TRUE COPY OF THE LICENSE ISSUED BY THE DEPARTMENT OF FACTORIES AND BOILERS.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 30/08/2022 SUBMITTED BEFORE RESPONDENTS NO.5 AND 6.

Exhibit P6 TRUE COPY OF HE ACKNOWLEDGMENT RECEIPT DATED 30/08/2022.

RESPONDENT'S EXHIBITS Exhibit R9(a) A TRUE COPY OF APPLICATION DATED 02.07.2022 SUBMITTED BEFORE THE SECRETARY WEST KALLADA GRAMA PANCHAYAT Exhibit R9(b) A TRUE COPY OF REPLY DATED 19.07.2022 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER WEST KALLADA GRAMA PANCHAYAT Exhibit R9(c) A TRUE COPY OF REPRESENTATION DATED 29.08.2022 SUBMITTED BEFORE THE SECRETARY, WEST KALLADA GRAMA PANCHAYAT Exhibit R9(d) A TRUE COPY OF THE REPRESENTATION DATED 29.08.2022 ALONG WITH RECEIPT NO.955 SUBMITTED BEFORE THE POLLUTION CONTROL BOARD W.P.(C) No.28771 of 2022

Exhibit R9(e) TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE CIRCILE INSPECTOR OF POLICE, SASATHAMCOTTA DATED 28.08.2022 ALONG WITH THE RECEIPT Exhibit R9(f) A TRUE COPY OF REPRESENTATION SUBMITTED BFORE THE DISTRICT COLLECTOR, KOLLAM ALONG WITH RECEIPT DATED 08.09.2022 Exhibit R9(g) A TRUE COPY OF PHOTOGRAPHS OF WELL AND CRUSHER UNIT.

Exhibit R9(h) A TRUE COPY OF APPLICATION DATED 25.11.2022 SUBMITTED BY 9TH RESPONDENT. Exhibit R9(i) A TRUE COPY OF REPLY DATED 8.12.2022 GIVEN BY THE ENVIRONMENTAL ENGINEER

RESPONDENT'S ANNEXURE Annexure R8(a) A TRUE COPY OF THE REPORT OF THE POLLUTION CONTROL BOARD DATED 01.11.2022.