Kerala High Court
Aji.P.John vs District Medical Officer, Kollam on 12 June, 2024
WP(C) NO. 38102 & 31866 OF 2017
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
WP(C) NO. 38102 OF 2017
PETITIONER/S:
AJI.P.JOHN
AGED 55 YEARS
AGED 55 YEARS, MINI MANDHIRAM,NEAR INDIAN BANK, KAITHAKODE
P.O.,KOLLAM-691 543.
BY ADV SRI.ALEXANDER GEORGE
RESPONDENT/S:
1 DISTRICT MEDICAL OFFICER, KOLLAM
DISTRICT MEDICAL OFFICE, KOLLAM-691 006.
2 VENUGOPALAN NAIR
AGED 49 YEARS,S/O BALAKRISHNA PILLAI, SINDHU VILASOM,NEAR
INDIAN BANK, KAITHAKODE PO & MURI,PAVITHRESWARAM VILLAGE,
KOTTARAKARA TALUK,KOLLAM-691 506.
3 ADDL.R3 THE KERALA STATE POLLUTION CONTROL BOARD
DISTRICT OFFICE, KOLLAM.
4 ADDL.R4 THE SECRETARY
PAVITHRESWARAM GRAMA PANCHAYATH, KARIMPINPUZHA PO, KOLLAM-
691513. (ADDL.R3 AND R4 WERE IMPLEADED AS PER ORDER DATED
23/03/2018 IN IA.NO.19988/2017)
BY ADVS.
SRI.M.AJITH KARICODE
SRI.R.MOHANA BABU
GP-Sri.M.Rajeev
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
WP(C) NO. 38102 & 31866 OF 2017
2
12.06.2024, ALONG WITH WP(C).31866/2017, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 38102 & 31866 OF 2017
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
WP(C) NO. 31866 OF 2017
PETITIONER/S:
VENUGOPALAN NAIR
AGED 49 YEARS
AGED 49 YEARS, S/O BALAKRISHNA PILLAI,SINDHU VILASOM,
NEAR INDIAN BANK, KAITHODU PO,PAVITHRESHWARAM VILLAGE,
KOTTARAKKARA TALUK, KOLLAM.
BY ADVS.
SRI.R.MOHANA BABU
SRI.M.AJITH KARICODE
RESPONDENT/S:
1 THE POLLUTION CONTROL BOARD
KOLLAM DISTRICT OFFICE, REP.BY ITS ENVIRONMENTAL
ENGINEER, KOLLAM.691001.
2 THE DISTRICT COLLECTOR
COLLECTORATE,, KOLLAM.691001.
3 THE REVENUE DIVSIONAL OFFICER
COLLECTORATE, KOLLAM.691001.
4 THE DISTRICT MEDICAL OFFICER
COLLECTORATE, KOLLAM.691001.
5 THE SECRETARY
PAVITHRESHWARAM GRAMA PANCHAYAT, KARIMPINPUZHA
PO,KOLLAM.
6 AJI P. JOHN
WP(C) NO. 38102 & 31866 OF 2017
4
AGED 45 YEARS, S/O JOHN VAIDYAR,MINI MANDIRAM, NEAR
INDIAN BANK, KAITHODU PO, PAVITHRESHWARAM
VILLAGE,KOTTARAKKARA TALUK, KOLLAM.691543.
BY ADVS.
SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,
SRI.ALEXANDER GEORGE
SRI.M.RAJEEV (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.06.2024, ALONG WITH WP(C).38102/2017, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 38102 & 31866 OF 2017
5
JUDGMENT
Dated this the 12TH day of June, 2024
W.P.(C)No.31866/2017 is filed by the petitioner aggrieved
by the alleged nuisance caused by an engineering work shop
and flour mill functioning in the adjoining property of the 6 th
respondent. The 6th respondent is the proprietor of the
engineering work shop and flour mill. The contention of the
petitioner in this writ petition is that, the 6 th respondent is
operating the industrial units resulting in high levels of noise
and air pollution. He submits that the units are situated very
close to his residential building and the functioning of the units
results in unbearable nuisance to his family. He submitted that
various complaints before the official respondents and
approached this Court for a declaration that the functioning of
the industrial units of the 6th respondent is illegal and also for
directions to the official respondents to take appropriate action
on the basis of Exts.P1, P2 and P3 complaints submitted by
him.
WP(C) NO. 38102 & 31866 OF 2017
2. W.P.(C) No.38102/2017 has been filed by the 6 th
respondent in W.P.(C)No.31866/2017. Petitioner in the first
case is arrayed as the 2nd respondent in this case. The challenge
in W.P.(C) No.38102/2017 is against Ext.P7 letter dated
06.11.2017 of the Medical Officer (Health), Kollam. The first
respondent Medical Officer directed the writ petitioner not to
indulge in production of chilly powder in the unit. It was
directed by the District Medical Officer that if it is necessary to
produce chilly powder, the machinery shall be installed at some
distance from the residence of the petitioner in the first writ
petition.
3. Since the issues involved in both cases are same,
these cases were heard together and are being disposed of by
this common judgment.
4. The parties will be referred hereafter, in accordance
with their ranking in W.P.(C) No.38166/2017.
5. The main contention advanced by the learned
Counsel appearing for the petitioner in the first case is that,
despite Ext.P7 issued by the District Medical Officer, the 6 th
respondent continues all his activities, including pulverising of
WP(C) NO. 38102 & 31866 OF 2017
chilly causing serious inconveniences and health issues to the
petitioner and his family. It is also pointed out by the learned
Counsel during the course of hearing that the 6 th respondent
can very well shift the flour mill to some other area of his
property, so that nuisance caused to the petitioner and his
family can be avoided. Learned Counsel for the 6 th respondent
on the other hand submits that Ext.P7 was issued by the DMO
on 06.11.2017, and the same authority has later permitted the
functioning of the flour mill by Ext.P11 dated 22.05.2019. In
Ext.P11, the DMO has stated that noise pollution resulting from
the industrial unit was found to be within the permissible limits,
by the Environmental Engineer. The Pollution Control Board has
given consent for operation of the unit.
6. Taking note of such relevant aspects, the DMO
concluded that the functioning of the unit as of then was not
causing any hazard to anyone. The consent to operate was
hence provided to the 6th respondent with a rider that the
functioning of flour mill shall be confined to the period from 6
AM to 6 PM.
7. It was also submitted by both sides that a suit is
WP(C) NO. 38102 & 31866 OF 2017
pending before the Munsiff Court Kottarakkara between the
parties with respect to the same subject matter.
8. Taking into account the pendency of the suit
between the parties and also the permits and licenses produced
by the 6th respondent including Ext.P11, I am not inclined to
pass any orders prohibiting the 6th respondent from operating
the units.
9. The challenge raised in W.P.(C)No.38102/2017
against Ext.P7 has become irrelevant in view of issuance of
Ext.P11 by the DMO. Regarding the relief sought in W.P.
(C)No.31866/2017, I am of the view that the petitioner therein
can seek appropriate reliefs in the pending suit and hence no
orders are warranted in the writ petition.
10. However, taking note of the fact that the industrial
units are functioning very close to the residence of the
petitioner in W.P.(C)No.38166/2017, the official respondents in
the said writ petition shall ensure that the functioning of the
industrial units of the 6th respondent shall be strictly in
compliance with all applicable statutory requirements. In case
any violation of such statutory provisions or conditions of
WP(C) NO. 38102 & 31866 OF 2017
licenses is brought to the notice of the authorities by the
petitioner, such authorities shall examine the complaint
appropriately and take action, if required. The observations
made by this Court in this judgment are for the purpose of
deciding the writ petitions and the civil court shall decide the
suit untramelled by any of the observations contained in this
judgment.
With these observations and directions, both writ petitions
are disposed of
SD/
S.MANU, JUDGE
jm/
WP(C) NO. 38102 & 31866 OF 2017
APPENDIX OF WP(C) 31866/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PETITION FILED BEFORE THE
4TH RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE PETITION FILED BEFORE THE
1ST RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE PETITION GIVEN TO THE 2ND
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE RECEIPT GIVEN FROM THE
OFFICE OF 3RD RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE RECEIPT GIVEN FROM THE
OFFICE OF THE 5TH RESPONDENT.
WP(C) NO. 38102 & 31866 OF 2017
APPENDIX OF WP(C) 38102/2017
PETITIONER EXHIBITS
EXHIBIT P1 THE COPY OF THE LATEST D&O LICENSE FOR
FUNCTIONING SHALOM FLOOR MILL ISSUED BY THE
PAVITHRESWARAM- GRAMAPANCHAYATH DATED
28/4/2017.
EXHIBIT P2 THE COPY OF THE LATEST D&O LICENSE FOR
FUNCTIONING SHALOM ENGINEERING WORKSHOP
ISSUED BY THE PAVITHRESWARAM-GRAMAPANCHAYATH
DATED 28/04/2017.
EXHIBIT P3 THE COPY OF THE CONSENT CERTIFICATE ISSUED BY
THE KERALA STATE POLLUTION CONTROL BAORD FOR
OPERATING SHALOM FLOUR MILL DATED 23.12.2016.
EXHIBIT P4 THE COPY OF THE CONSENT CERTIFICATE ISSUED BY
THE KERALA STATE POLLUTION CONTROL BOARD
OPERATING SHALOM WORKSHOP DATED 25/10/2016.
EXHIBIT P5 THE COPY OF THE SANITATION CERTIFICATE OF THE
FLOUR MILL ISSUED BY THE HEALTH INSPECTOR,
PHC SN PURAM DATED 17/04/2017.
EXHIBIT P6 THE COPY OF THE SANITATION CERTIFICATE OF THE
WORKSHOP MILL ISSUED BY THE HEALTH INSPECTOR,
PHC SM PURAM DATED 26/10/2016
EXHIBIT P7 THE COPY OF THE ORDER PASSED BY THE 1ST
RESPONDENT DATED 06/11/2017.
EXHIBIT P8 THE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P10 THE TRUE COPY OF THE LICENSE ISSUED BY THE
PAVITHRESWARAM PANCHAYATH.
EXHIBIT P11 THE TRUE COPY OF THE PERMIT ISSUED BY THE
FIRST RESPONDENT.
WP(C) NO. 38102 & 31866 OF 2017
EXHIBIT P12 THE TRUE COPY OF THE LICENSE ISSUED BY THE
POLLUTION CONTROL BOARD DATED 18/2/2019.
RESPONDENT EXHIBITS
EXHIBIT R2(A) TRUE COPY OF THE NOTICE SHOWING THE OPENING
OF SHALOOM FOOD PRODUCTS
EXHIBIT R2(B) TRUE COPY OF THE NOTICE PUBLISHED BY
PETITIONER SHOWING THE PICTURE OF MACHINES
EXHIBIT R2(C) TRUE COPY OF THE REPLY DATED 27/9/2016 FROM
PAVITHRESHWARAM GRAMAPANCHATH
EXHIBIT R2(D) PHOTOGRAPHS SHOWING THE LOCATION PROCEEDING
OF MATERIALS IN LARGE SCALE BY PETITIONER ON
THE WESTERN SIDE OF 2ND RESPONDENT'S BOUNDARY
WALL
EXHIBIT R2(E) PHOTOGRAPHS SHOWING THE LOCATION PROCEEDING
OF MATERIALS IN LARGE SCALE BY PETITIONER ON
THE WESTERN SIDE OF 2ND RESPONDENT'S BOUNDARY
WALL
EXHIBIT R2(F) PHOTOGRAPHS SHOWING THE LOCATION PROCEEDING
OF MATERIALS IN LARGE SCALE BY PETITIONER ON
THE WESTERN SIDE OF 2ND RESPONDENT'S BOUNDARY
WALL
EXHIBIT R2(G) PHOTOGRAPHS SHOWING THE LOCATION PROCEEDING
OF MATERIALS IN LARGE SCALE BY PETITIONER ON
THE WESTERN SIDE OF 2ND RESPONDENT'S BOUNDARY
WALL
