Kerala High Court
Sajeev Kumar. V. N vs Sr. V.P. Joy on 8 November, 2023
Con.Case(C) No.1024/2023 1/8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Wednesday, the 8th day of November 2023 / 17th Karthika, 1945
CONTEMPT CASE(C) NO. 1024 OF 2023(S) IN WP(C) 7268/2013
PETITIONERS/PETITIONERS NO.13 & 45:
1. SAJEEV KUMAR V.N., S/O NANU, VANIYAMKOTTU THADATHIL PUTHEN
PURAYIL, AYYANKUZHI, PUTHENKURISU VILLAGE, AMBALAMUGHAL-P.O.,
ERNAKULAM DISTRICT- 682 302
2. VINOD. V.A., S/O APPU, VETTIKKATTUKAROTTU AYYANKUZHI,
PUTHENKURISU VILLAGE, AMBALAMUGHAL-P.O., ERNAKULAM DISTRICT.
682 302
BY ADVOCATE SMT. M. HEMALATHA
RESPONDENT/18TH RESPONDENT:
1. SRI. V.P. JOY, CHIEF SECRETARY, GOVERNMENT OF KERALA,
SECRETARIAT, STATUE, THIRUVANANTHAPURAM. 695 001.
ADDITIONAL R2 & R3 IMPLEADED
2. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM.
3. THE PRINCIPAL SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
ADDL. R2 & R3 SUO MOTU IMPLEADED AS PER ORDER
DATED 11/07/2023 IN COC.1024/2023.
ADDITIONAL R4 IMPLEADED
4. SRI.V. VENU, CHIEF SECRETARY, GOVERNMENT OF KERALA,
SECRETARIAT, STATUE, THIRUVANANTHAPURAM 695 001.
ADDL.R4 IS IMPLEADED AS PER ORDER DATED 31/10/2023
IN IA 1/2023 IN COC 1024/2023.
P.T.O.
Con.Case(C) No.1024/2023 2/8
ADDITIONAL R5 IMPLEADED
5. THE CENTRAL POLLUTION CONTROL BOARD,
REPRESENTED BY MEMBER SECRETARY,
OFFICE OF THE CENTRAL POLLUTION CONTROL BOARD,
PARIVESH BHAWAN, EAST ARJUN NAGAR, NEW DELHI - 110 032.
ADDL.R5 IS SUO MOTU IMPLEADED AS PER ORDER DATED
06/11/2023 IN COC 1024/2023.
SRI. ASWIN SETHUMADHAVAN, SENIOR GOVERNMENT PLEADER FOR R1 TO
R4
SRI. M. AJAY, STANDING COUNSEL FOR R5
SRI. S. MANU, DEPUTY SOLICITOR GENERAL OF INDIA
This Contempt of court case (civil) having come up for orders on
08.11.2023, the court on the same day passed the following:
P.T.O.
Con.Case(C) No.1024/2023 3/8
DEVAN RAMACHANDRAN, J.
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Cont.Case(C) No. 1024 of 2023
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Dated this the 08th day of November, 2023
ORDER
Dr.V.Venu, Chief Secretary, is present in person and he
explained the steps taken by the Government, with respect to
the condition of the petitioners.
2. I must, however, say that this interaction was
inconclusive because, when the Chief Secretary took the
stand that the residential area of the petitioners has not been
notified as an industrial area, the petitioners asserted to the
contrary; and the learned Senior Government Pleader -
Sri.Ashwin Sethumadhavan sought time to verify this.
3. Smt. M.Hemalatha - learned counsel for the
petitioners, further argued that, as evident from Annexures
8 and 9 - photographs and newspaper reports respectively,
produced by her client - an incident happened on 01.07.2023,
when this case was pending, in which fumes were spewed
into the air by one of the industries; and that her clients were
subjected to intense fright and apprehension. She added that
all the residents of that area are living under severe
restrictions, without being able to even light a candle properly
because, of the contamination in the air, which is inevitable
Con.Case(C) No.1024/2023 4/8
Cont.Case(C) No. 1024 of 2023
on account of the two Industries on either side.
4. As I have already said above, this Court cannot
enter into the merits of the rival contentions, but can only
verify whether Government has acted in terms of the
judgment.
5. As per the judgment, Government was directed to
look into the issues of the petitioners and settle a proper
proceedings. The Chief Secretary says that it has been done
and pointed out to the order of the Government dated
20.06.2023. However, it must be borne in mind that even
thereafter, under further orders of this Court, another
Government Order, dated 15.07.2023, has been placed on
record, whereby, Government says that they have
reconstituted the "Expert Committee" to verify whether there
is any threat to the health of the people and the potential of
pollution by the Industries concerned.
6. However, the affidavit, thereafter, filed avers that
even though tests were conducted by the State Pollution
Control Board, it was found that the area is free of toxic
pollution; but conceded that there was rains on those days,
which could have possibly influenced the results.
Con.Case(C) No.1024/2023 5/8
Cont.Case(C) No. 1024 of 2023
7. In fact, during interaction, the Chief Secretary also
stated that reports of the medical camp conducted in the area
would show that, though there were instances of physiological
problems faced by some of the residents, it is not clear
whether this has been caused on account of the pollution
from the Industries. I record that he has, therefore, asked for
another three months time to verify all these aspects.
8. In the afore scenario, it becomes very difficult for
this Court to separate the wheat from chaff - in a manner of
speaking - because the information available is extremely
amorphous and scattered.
9. As matters now stand, there is no conclusive
evaluation of the petitioners' concerns, though some of the
reports appear to indicate that everything is alright in the
area in question. If this be so, petitioners must be allowed to
use their properties for any purpose that any other citizen
could do, without any restrictions being imposed. If the
Government is to tell this Court that no such restrictions are
imposed, or will be imposed, certainly, to some extent the
situation would be different. However, Smt.M.Hemalatha,
learned counsel for the petitioners spoke to the contrary,
asserting that, on account of various restrictions placed on
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Cont.Case(C) No. 1024 of 2023
her clients already, their right to use the properties are
severely impeded.
10. Since the respondents are not in a position to
inform affirmatively, this Court had suo motu impleaded the
Central Pollution Control Board; and Sri.M.Ajay - their learned
Standing Counsel, appeared on its behalf. This Court did so
because, involvement of such an agency would be beneficial
to the studies now being conducted, particularly when an
Expert Committee has been constituted by the Government,
involving various officers including the Principal Secretary,
Industries Department, The District Collector, Ernakulam,
Professor & Director, School of Environmental Studies, Cochin
University of Science & Technology (CUSAT), The Project
Director, Kerala Solid Waste Management Project (KSWMP)
and such other. In fact, the learned Senior Government
Pleader - Sri. Aswin Sethumadhavan submitted that the
Government welcomes any evaluation of the area by any
Competent Agency.
11. Sri.M.Ajay is, therefore, directed to obtain
instructions from his client, whether they would also be able
to contribute to the effort taken by the Expert Committee,
either along with them, or independently; and file a report
Con.Case(C) No.1024/2023 7/8
Cont.Case(C) No. 1024 of 2023
before this Court. He sought a couple of days time to obtain
information in this regard.
List this matter on 15.11.2023, on which day, the
learned Government Pleader will obtain specific instructions if
the area in question has been notified as an 'Industrial area',
and whether there are any restrictions whatsoever on the
petitioners in using their properties, or in conducting any
activity, which is normally available to a citizen of this nation.
On the next posting date, the Chief Secretary need not
be personally present.
Sd/-DEVAN RAMACHANDRAN,
JUDGE
lsn
08-11-2023 /True Copy/ Assistant Registrar
Con.Case(C) No.1024/2023 8/8
APPENDIX OF CON.CASE(C) 1024/2023
Annexure-8 Original Photographs
Annexure-9 True copy of the Madhyamam daily dated 02-07-2023
08-11-2023 /True Copy/ Assistant Registrar
