Mohandas M.K vs The Chairman, Kerala State Pollution ...
2024 Latest Caselaw 15586 Ker

Kerala High Court

Mohandas M.K vs The Chairman, Kerala State Pollution ... on 6 June, 2024

Author: P Gopinath

Bench: P Gopinath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                        WP(C) NO. 29421 OF 2015
PETITIONER/S:



          MOHANDAS M.K., AGED 68 YEARS
          S/O.SANKARAN, SANTHIPURAM,
           NEAR TALAP HOUSING COLONY, PO PALLIKKUNNU-670 004,
          KANNUR DISTRICT
          BY ADV SRI.P.U.SHAILAJAN


RESPONDENT/S:



    1     THE CHAIRMAN,
          KERALA STATE POLLUTION CONTROL BOARD
          PATTOM PO, THIRUVANANTHAPURAM-695 004.
    2     THE MEMBER SECRETARY
          KERALA STATE POLLUTION CONTROL BOARD,
          PATTOM PO, THIRUVANANTHAPURAM-695 004.
    3     THE CHIEF ENVIRONMENTAL ENGINEER
          KERALA STATE POLLUTION CONTROL BOARD,
           DISTRICT OFFICE, KAKKAD ROAD, KANNUR-670 002.
    4     THE DISTRICT COLLECTOR
          KANNUR, KANNUR-670 002.
    5     THE PALLIKKUNNU GRAMA PANCHAYAT
          REPRESENTED BY ITS SECRETARY,
          PO PALLIKKUNNU, KANNUR DISTRICT-670 004.
    6     KOYILI HOSPITAL
          REPRESENTED BY ITS PROPRIETOR, MR.BHASKARAN (EXPIRED)
          PO PALLIKKUNNU, KANNUR DISTRICT-670 004.

          KOYILI PREETHA, D/O.K.BHASKARAN (LATE),
          AGED 51 YEARS MANAGING PARTNER,
           KOYILI HOSPITAL, KANNUR DISTRICT,
          RESIDING AT KOYILI HOUSE, P.O CHIRAKKAL, KANNUR
          DISTRICT-670 011,
          BEING THE LEAGAL HEIR OF LATE SRI.BHASKARAN, IS
          IMPLEADED IN HIS PLACE AS MANAGING PARTNER OF KOYILI
          HOSPITAL, AS PER ORDER DATED 05-02-20 IN IA NO.1/2020.
 WP(C) NO. 29421 OF 2015            2



    7     VINOD M.,SECRETARY,
          KOYILI HOSPITAL MANYA VIRUDHA JANAKEEYA SAMARA SAMITHI,
          KANNUR-670 004,
          RESIDING AT MUNDIYATH, NEAR TALAP HOUSING COLONY, PO
          PALLIKKUNNU, KANNUR-670 004.

          BY ADVS.
          SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,
          SRI.B.PRASANTH, SC, POLUTION CONTROL BOARD
          SMT.MEENA JOHN, SC, PALLIKUNNU GRAMA PANCHAYAT
          SRI.ANEESH JOSEPH
          SRI.A.KRISHNAN
          K.A.SANJEETHA
          SMT.DENNIS VARGHESE
          SRI.M.RAMESH CHANDER SR.
          SRI. T.NAVEEN , SC, KERALA STATE POLLUTION CONTROL
          BOARD




          SRI. M RAMESH CHANDER (SR.) FOR R6


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29421 OF 2015                       3



                                       JUDGMENT

The writ petition has been filed, seeking the following

reliefs:-

''i) Issue a writ of certiorari or other appropriate writ or order and quash Exhibit P-19 and Exhibit-P20 and also direct the respondents 1 to 5 not to issue or renew the consent to operate the Koyili Hospital, Kannur with number of in-patients exceeding 50 in- patients;

ii) Issue a writ of mandamus or other appropriate writ or order directing the respondents 1 to 5 to stop the illegal construction of the new Sewage Treatment Plant without the building permit from the panchayat and also without the consent to establish the Sewage treatment Plant from the Pollution Control Board and direct them to demolish the construction already made by the 6th respondent for new Sewage Treatment Plant;

iii) Direct the respondents 1 to 3 not to grant consent to establish or operate the new Sewage Treatment Plant near to the houses and wells in the locality;

iv) Direct the respondents 1 to 5 to take action against the 6th respondent for the violation of Exhibits P-15 and P-18 orders and Exhibit P20;

v) Issue a writ of mandamus or any other appropriate writ or order directing the respondents 1 to 3 to check the waste water collection tank of the 6 th respondent to verify the leakage from the tank to the earth.

2. When this matter is taken up for consideration

today, it is the submission of the learned Standing Counsel

appearing for the Pollution Control Board that, a consent to

operate was issued to the 6 th respondent and the same was

renewed in the month of November, 2023 and is now valid till

30.06.2028. It is pointed out that, on an earlier occasion, a

Public Interest Litigation was filed before this Court, alleging

pollution on account of the activities of the 6 th respondent. The

matter was considered by a Division Bench of this Court and by

Ext.P21 judgment, this Court, had directed as follows:-

''Having regard to the fact that appropriate steps had already been taken by the fourth respondent in the light of the directions issued by the Pollution Control Board, we do not think that as matters stand now, direction to implement Exhibits P6, P7, P8, P9, P10 or P13 is required as prayed for by the petitioner. However, it is made clear that if there is any allegation of pollution on account of the functioning of the fourth respondent hospital, it shall always be open for the petitioner or any other person to bring to the notice of the Pollution Control Board or the District Collector as the case may be. It is further made clear that the Pollution Control Board shall make periodical visits and ensure that there is compliance of the statutory requirements.''

3. Sri. M. Ramesh Chander, learned Senior Counsel

appearing for the 6th respondent, on the instructions of Adv.

Govind G. Nair, would submit that the prayer of the petitioner

to restrict the number of in-patients to 50 in-patients is not at

all practical as the 6th respondent is a 250 bedded super-

specialty hospital situated in the heart of Kannur and it caters

to large number of patients. It is submitted that, going in the

terms of the directions issued by this Court in Ext.P21

judgment, it is for the petitioner to approach the Pollution

Control Board, if he has any complaint that pollution is caused

on account of the activities of the 6th respondent.

4. Having heard the learned counsel appearing for the

petitioner, learned Senior Counsel appearing for the 6 th

respondent and the learned Standing Counsel appearing for

the Kerala State Pollution Control Board and taking into

consideration the submission of the learned Standing Counsel

appearing for the Pollution Control Board that the consent to

operate has been issued and renewed in the month of

November 2023 and the same is valid till 30.06.2028, this writ

petition will stand disposed of, directing that if the petitioner

or any other person has any complaint that the activities of the

hospital are causing pollution in the area, it will be open to

them to approach the concerned officials of the Pollution

Control Board, who shall then consider any such complaint and

ensure that the 6th respondent is functioning strictly in terms of

the consent to operate granted to them. The Pollution Control

Board shall, if necessary, conduct periodical inspection to

ensure that there is no violation in the conditions upon which

the consent to operate has been issued to the 6th respondent.

The writ petition is ordered accordingly.

Sd/-

GOPINATH P. JUDGE ajt

APPENDIX OF WP(C) 29421/2015

PETITIONER EXHIBITS P1 : TRUE COPY OF THE DIRECTION DT 12-3-1997 ISSUED BY THE 3RD RESPONDENT TO THE 6TH RESPONDENT.

P2 : TRUE COPY OF THE COMPLAINT AND ORDER IN STC NO.1913/2013 DT 21-12-2013 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KANNUR.

P3 : TRUE COPY OF THE ORDER DT 23-11-2001 OF THE SUB DIVISIONAL MAGISTRATE, THALASSERY. P4 : TRUE COPY OF THE REPORT DT 13-1-2005 OF THE ASSISTANT ENGINEER, KERALA WATER AUTHORITY. P5 : TRUE COPY OF THE AGREEMENT DT 2-9-2013 BETWEEN THE HOSPITAL AUTHORITIES AND THE ORGANIZATION OF THE LOCAL PEOPLE. P6 : TRUE COPY OF THE SHOW CAUSE NOTICE DT 15-12- 2014 ISSUED BY SECRETARY, PALLIKUNNU PANCHAYAT TO THE 6TH RESPONDENT.

P7 : TRUE COPY OF THE NOTICE DT 17-12-2014 OF THE 3RD RESPONDENT TO THE 6TH RESPONDENT. P8 : TRUE COPY OF THE REPORT OF THE MEDICAL OFFICER DT 19-12-2014.

P9 : TRUE COPY OF THE ORDER DT 23-12-2014 ISSUED BY THE 5TH RESPONDENT P10 : TRUE COPY OF THE REPORT DT 22-12-2014 OF THE 3RD RESPONDENT.

P11 : TRUE COPY OF THE ORDER DATED 26.12.2014 OF THE 2ND RESPONDENT P12 : TRUE COPY OF THE ORDER DT 24-12-2014 OF THE 4TH RESPONDENT.

P13 : TRUE COPY OF THE ORDER DT 31-12-2014 OF THE 2ND RESPONDENT.

P14 :                    TRUE COPY OF THE INTERIM ORDER PASSED BY
                       THIS    HON'BLE    COURT   DT   8-1-2015   IN

WPC.NO.35403/2014 AND WPC.NO.241/2015 P14(a) : TRUE COPY OF THE REPORT DT 14-1-2015 SUBMITTED TO THE 4TH RESPONDENT BY THE RESPONDENTS 2, 3 AND 5.

P15 : TRUE COPY OF THE ORDER DT 17-1-2015 OF THE 4TH RESPONDENT P16 : TRUE COPY OF THE REPORT SUBMITTED BY THE DISTRICT MEDICAL OFFICER DT 7-2-2015. P17 : TRUE COPY OF THE ORDER DT 3-2-2015 IN WPC.NO.241/2015.

P18 : TRUE COPY OF THE ORDER DT 3-3-2015 OF 2ND RESPONDENT.

P19 : TRUE COPY OF THE MINUTES OF THE MEETING OF THE POLLUTION CONTROL BOARD DT 6-4-2015. P20 : TRUE COPY OF THE CONSENT TO OPERATE WITH 120 IN-PATIENTS GRANTED BY THE 2ND RESPONDENT. P21 : TRUE COPY OF THE JUDGMENT DT 23-7-2015 IN WPC.NO.5364/2015.

P22 : TRUE COPY OF THE REPORT ISSUED BY SCIENTIST IN CHARGE OF KERALA STATE POLLUTION CONTROL BOARD P23 : TRUE COPY OF THE LETTER DT 3-9-2015 SENT BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. P24 : TRUE COPY OF REPORT SUBMITTED BY SENIOR ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, THIRUVUANANTHAPURAM TO THE 1ST RESPONDENT DATED 28.03.2015 RESPONDENT EXHIBITS EXHIBIT R6(a) PHOTOSTAT COPY OF THE JUDGMENT IN WPC 5364/2015 DATED 23.7.2015 EXHIBIT R6(b) PHOTOSTAT COPY OF THE INTERIM ORDER PASSED BY T HE HON'BLE DIVISION BENCH IN WPC 5364/2015 DATED 1.6.2015 EXHIBIT R6(c) PHOTOSTAT COPY OF THE REPORT DATED 2.7.2015 BEFORE THE HON'BLE COURT EXHIBIT R6(d) PHOTOSTAT COPY OF THE REVIEW PETITION

EXHIBIT R6(e) PHOTOSTAT COPY OF THE ORDER IN RP706/2015 DATED 19.8.2015 EXHIBIT R6(f) PHOTOSTAT COPY OF THE IA 5736/2015 IN WPC 5364/2015 WITHOUT ENCLOSURES EXHIBIT R6(g) PHOTOSTAT COPY OF THE COMMUNICATION ISSUED BY THE RESPONDENT TO THE PRINCIPAL SECRETARY, POLLUTION CONTROL BOARD DATED 30.6.2015 ALONG WITH THE NECESSARY DOCUMENTS

EXHIBIT R6(h) PHOTOSTAT COPY OF THE CONSENT TO OPERATE (REPLACED AND SUBSTITUTED] 'PHOTOSTAT COPY OF THE CONSENT TO OPERATE' WHICH WAS MARKED AS EXHIBIT R6(h) IS REPLACED AND SUBSTITUTED BY ''THE TRUE COPY OF THE ORDER ISSUED BY THE POLLUTION CONTROL BOARD 26/12/2014''

EXHIBIT R6(i) PHOTOSTAT COPY OF THE APPLICATION FILED ON 26.6.15 EXHIBIT R6(j) PHOTOSTAT COPY OF THE RECEIPT ISSUED FOR PAYMENT OF RS.2,10,000/-

EXHIBIT R6(j) PHOTOSTAT COPY OF THE REPORT OF THE 3RD RESPONDENT DATED 25/11/2015 EXHIBIT R6(k) PHOTOSTAT COPY OF THE LETTER ISSUED BY THIS RESPONDENT EXHIBIT R6(l) PHOTOSTAT COPY OF TE APPLICATION FOR COMMISSIONING AND TO OPERATE THE NEW PLANT EXHIBIT R6(m) PHOTOSTAT COPY OF THE PARTNERSHIP DEED EXECUTED BETWEEN THE PARTNERS OF THE RECONSTITUTED FIRM EXHIBIT R6(n) PHOTOSTAT COPY OF THE INTEGRATED CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD Exhibit R6(o) TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 12.11.2023

EXHIBIT R3(a) A TRUE COPY OF AUTHORISATION NO.PCB/HO/KNR/ICO/14936/6/2011 RECEIVED ON DATED 11-2015 EXHIBIT R3(b) A TRUE COPY OF AUTHORISATION NO.PCB/HO/KNR/ICO/14936/6/2011 RECEIVED ON DATED 11-2015 EXHIBIT R3(c) A TRUE COPY OF MINUTES OF HEARING CONDUCTED ON 17.01.2014 EXHIBIT R3(d) A TRUE COPY OF MINUTES OF HEARING CONDUCTED ON 06.02. 2014 EXHIBIT R3(e) A TRUE COPY OF THE CONSENT REFUSAL ORDER NO.PCB/HO/KNR/ICO/14936/2011 DATED 26.12.2014 ISSUED TO HOSPITAL AUTHORITIES EXHIBIT R3(f) A TRUE COPY OF THE CONSENT REFUSAL ORDER NO.PCB/HO/KNR/ICO/14936/2011 DATED 31.12.2014

EXHIBIT R3(g) A TRUE COPY OF REPORT SUBMITTED TO THE DISTRICT COLLECTOR EXHIBIT R3(h) A TRUE COPY OF THE REPORT OF INSPECTION CONDUCTED BY BOARD'S SENIOR ENVIRONMENTAL ENGINEER, VIGILANCE & SURPRISE INSPECTION SQUAD (VSS) EXHIBIT R3(i) A TRUE COPY OF THE LETTER SUBMITTED BY HOSPITAL AUTHORITIES ON 06.03.2015 EXHIBIT R3(j) A TRUE COPY OF THE MINUTES OF DISCUSSION ON 06.04.2015 EXHIBIT R3(k), A TRUE COPY OF ANALYSIS REPORT OF SAMPLES EXHIBIT R3(l), COLLECTED ON 01.08.2015, 09.09.2015 AND EXHIBIT R3(m) 13.10.2015 EXHIBIT R3(n) A TRUE COPY OF THE CONSENT REFUSAL INTENTION NOTICE NO.PCB/HO/KNR/ICO/14936/6/2015 DATED 19/10/2015