Kerala High Court
K. Madhusoodanannair vs Kollam Municipal Corporation on 28 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 13418 OF 2024
PETITIONER:
M/S. KEMCO,
AGED 57 YEARS
A LIMITED LIABILITY PARTNERSHIP FIRM HAVING ITS
REGISTERED OFFICE AT KEMCO,
6/934, BAZAAR ROAD, MATTANCHERRY,
ERNAKULAM, REPRESENTED BY ITS PARTNER,
R. NITHYANANDA KAMATH,
S/O. K.R. KAMATH, PIN - 682002
BY ADVS.
ANEESH JAMES
JIJO THOMAS
M.D.BEENA
NEHA VIJAY
RESPONDENTS:
1 KOLLAM MUNICIPAL CORPORATION,
MUNICIPAL CORPORATION OFFICE,
KOLLAM, REPRESENTED BY THE SECRETARY, PIN - 691001
2 THE CORPORATION COUNCIL,
KOLLAM MUNICIPAL CORPORATION MUNICIPAL CORPORATION
OFFICE, KOLLAM,
REPRESENTED BY THE CHAIRPERSON, PIN - 691001
3 THE CHAIRPERSON,
KOLLAM MUNICIPAL CORPORATION,
MUNICIPAL CORPORATION OFFICE,
KOLLAM, PIN - 691001
4 THE SECRETARY,
KOLLAM MUNICIPAL CORPORATION,
MUNICIPAL CORPORATION OFFICE,
-2-
WP(C) Nos.9782 and 13418 of 2024
KOLLAM, PIN - 691001
5 THE CLEAN CITY MANAGER & HEALTH SUPERVISOR,
KOLLAM MUNICIPAL CORPORATION,
MUNICIPAL CORPORATION OFFICE,
KOLLAM, PIN - 691001
6 RADHALAKSHMI,
W/O. MAHAJAN, 'RADHEYAM',
KANNIMEL CHERI, KILIKOLLUR P.O.,
KILIKOLLUR VILLAGE,
KOLLAM, PIN - 691001
BY ADVS.
Nandagopal Nambiar V.V
PREEJA. P.VIJAYAN(K/104/2006)
SMITHA (EZHUPUNNA)(K/223/2015)
PAVAN ROSE JOHNSON(K/207/2016)
SRI.S.SREEKUMAR(KOLLAM), SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2024, ALONG WITH WP(C).9782/2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-3-
WP(C) Nos.9782 and 13418 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 9782 OF 2024
PETITIONERS:
1 K. MADHUSOODANANNAIR,
AGED 82 YEARS
"RADHEYAM", KANNIMEL CHERI,
KILIKOLLUR P.O, KILIKOLLUR VILLAGE,
KOLLAM, PIN - 691004
2 B.INDIRADEVI,
AGED 78 YEARS
"RADHEYAM", KANNIMEL CHERI,
KILIKOLLUR P.O, KILIKOLLUR VILLAGE,
KOLLAM, PIN - 691004
3 RADHALAKSHMI,
AGED 68 YEARS
W/O.MAHAJAN V.J,"RADHEYAM",
KANNIMEL CHERI, KILIKOLLUR P.O,
KILIKOLLUR VILLAGE,
KOLLAM, PIN - 691004
BY ADVS.
V.V.NANDAGOPAL NAMBIAR
PREEJA. P.VIJAYAN
SMITHA (EZHUPUNNA)
CHITRA JOHNSON
SEBASTIAN C.KAPPEN
RESPONDENTS:
1 KOLLAM MUNICIPAL CORPORATION,
REPRESENTED BY ITS SECRETARY,MUNICIPAL
CORPORATION OFFICE,KOLLAM, PIN - 691001
2 THE KERALA STATE POLLUTION CONTROL BOARD,
-4-
WP(C) Nos.9782 and 13418 of 2024
REPRESENTED BY ITS CHAIRMAN,PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
3 THE PROPRIETOR,
ZUDIO CLOTHING
STORE,S.V.TALKIESESTATE,RANDAAMKUTTY,
Q.S.ROAD,KOLLAM, PIN - 691004
4 THE POLICE COMMISSIONER,
OFFICE OF THE COMMISSIONER OF
POLICE,KOLLAM.PIN- 691 008.
*ADDL.R5 KEMOCO,
A LIMITED LIABILITY PARTNERSHIP FIRM HAVING
ITS REGISTERED OFFICE AT KEMCO
6/934 BAZAAR ROAD. MATTANCHERRY,
ERNAKULAM 682002.
REPRESENTED BY ITS PARTNER
R .NITHYANANDA KAMATH, AGED 57,
S/O K.R.KAMATH
[IS IMPLEADED AS PER ORDER DATED 02.04.2024 IN
I.A.1/2024 IN WP(C)9782/2024].
BY ADVS.
ANEESH JAMES
JIJO THOMAS
M.D.BEENA
NEHA VIJAY
SRI.T.NAVEEN, SC,
SRI.S.SREEKUMAR(KOLLAM), SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2024, ALONG WITH WP(C).13418/2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-5-
WP(C) Nos.9782 and 13418 of 2024
MOHAMMED NIAS C.P., J.
-----------------------------------------------
WP(C) Nos.9782 and 13418 of 2024
---------------------------------------------
Dated this the 28th day of June, 2024
JUDGMENT
The prayer in WP(C)No.9782/2024 is to enforce Ext.P4, a
notice issued by the Secretary, Kollam Municipal Corporation, the
first respondent herein alleging noise pollution on account of the
functioning of the additional 5th respondent unit, in particular,
from the five air conditioners, fire unit and the generator.
WP(C)No.13418/2024 is filed by the additional fifth respondent in
WP(C)No.9782/2024 praying for quashing Ext.P3 (same as Ext.P4 in
WP(C)No.9782/2024).
2. The petitioner complains that the same has not been
enforced despite the interim order passed by this Court on 12.3.2024
directing the Secretary to enforce Ext.P4 if the same was not varied
or altered.
3. Thereafter, an interim order was passed on 9.4.2024,
which reads as follows:-
WP(C) Nos.9782 and 13418 of 2024
"It is submitted by learned Standing Counsel appearing for Kollam
Corporation that they have requested the Pollution Control Board
to ascertain the sound levels caused by the establishment in
question. The Pollution Control Board submits that the inspection
is over and they are yet to file a report.
2. The report shall be filed by the Pollution Control Board within 2
weeks from today to the Corporation, who will then take a
decision on the continuance of Exhibit P4 within a week
thereafter.
Post on 19.06.2024."
4. Pursuant to the directions in the above order, a report
has been filed on behalf of the Pollution Control Board, which stated
that at the time of inspection, it was observed that six air
conditioning outdoor units and transformer were functioning and
that the building of the third respondent is at a distance of 8.7
meters and the DG Set is at a distance of 13 meters from the
petitioner's house. It is also submitted that as per the Noise
Pollution (Regulation & Control) Rules, 2000, 'the peripheral noise
level of a privately owned sound system and sound producing
instrument shall not, at the boundary of the private place, exceed
by more than 5 db(A) of the ambient standard for the area'. Since
the difference in the instant case between the sound level due to the
WP(C) Nos.9782 and 13418 of 2024
operation of the unit and the ambient sound level was not greater
than 5 db(A), it was concluded that the noise generated from the
unit was within the permissible limits. As regards the allegation of
distance regulation, it is stated that the minimum distance required
to maintain the 200 KVA DG Set is 10 metres, and therefore, the unit
and the DG Set location satisfy the Board's distance norms.
However, it is stated that the application preferred by the petitioner
for 'Integrated Consent to operate' of a DG Set filed on 02.05.2024
was returned for want of the registered lease agreement.
5. Learned counsel appearing for the additional fifth
respondent submits that the application has been resubmitted on
23.6.2024.
6. Given the statement filed by the Pollution Control
Board, pursuant to the directions of this Court, there is no material
to hold that the unit of the fifth respondent breaches any provision
of law and resultantly the stop memo cannot be allowed to remain
in force.
7. In view of the above and since the application
submitted by the additional fifth respondent is pending, there will
be a direction to the second respondent to consider the application
WP(C) Nos.9782 and 13418 of 2024
preferred by the additional fifth respondent within ten days from
the date of receipt of a copy of this judgment. Till orders are passed
as directed above, the additional fifth respondent shall not operate
the DG Set for a period of ten days or till obtaining the consent
whichever is earlier. There will be a further direction to the second
respondent Pollution Control Board to conduct an inspection in
case consent is granted, by operating all the machineries and also
the DG Set to ensure that that the petitioner is not exceeding the
sound levels.
8. In view of the subsequent developments noticed above,
Ext.P4 ( Ext.P3 in WP(C)No.13418/2024) is quashed.
The writ petitions are disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
dlk/28.06.2024
WP(C) Nos.9782 and 13418 of 2024
APPENDIX OF WP(C) 9782/2024
PETITIONERS EXHIBITS
EXHIBIT P 1 TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED TO 1ST PETITIONER
DTD.25.02.2024
EXHIBIT P 2 . TRUE COPY OF THE MEDICAL
CERTIFICATE ISSUED BY DR.
SAROSHKUMARK.K DTD.25.02.2024
EXHIBIT P3 . A TRUE COPY OF THE COMPLAINT LODGED
BEFORE THE CHIEF MINISTER OF KERALA
DTD.08.02.2024 I
EXHIBIT P4 A TRUE COPY OF THE COMMUNICATION
DATED 26.02.2024
EXHIBIT P5 A TRUE COPY OF THE APPLICATION DATED
06.04.2024 SUBMITTED BEFORE THE
INFORMATION OFFICER OF THE 1ST
RESPONDENT
EXHIBIT P6 A TRUE COPY OF THE REPLY DATED
04.05.2024 ISSUED BY THE 1ST
RESPONDENT
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED
01.04.2024 ISSUED BY THE
ENVIRONMENTAL ENGINEER OF 2ND
RESPONDENT
EXHIBIT P8 TRUE COPY OF THE MINIMUM FIRE SAFETY
GUIDELINES FOR MERCANTILE BUILDINGS
EXHIBIT P9 A TRUE COPY OF THE EMAIL ADDRESSED TO
THE ENVIRONMENT ENGINEER, POLLUTION
CONTROL BOARD KOLLAM, DATED
07.03.2024
EXHIBIT P10 A TRUE COPY OF THE REPORT DATED
20.02.2024 NOTED IN THE FILE
WP(C) Nos.9782 and 13418 of 2024
EXHIBIT P11 TRUE PHOTOGRAPH OF THE ARIAL VIEW OF
THE LOCALITY
EXHIBIT P12 THE PHOTOGRAPH SHOWING THE PROXIMITY
OF PETITIONERS' RESIDENCE WITH
NUISANCE CREATING MACHINERIES
RESPONDENTS EXHIBITS
EXHIBIT R 5 (C) PHOTOGRAPHS OF THE RESIDENTIAL HOUSE
OF THE 3RD PETITIONER
EXHIBIT R 5 (A) A TRUE COPY OF THE SUIT AS O.S. NO.
351/2023 ON THE FILES OF THE
MUNSIFF'S COURT, KOLLAM
EXHIBIT R 5 (E) A TRUE COPY OF THE EXPLANATION DATED
29.02.2024 SUBMITTED TO THE CLEAN
CITY MANAGER, KOLLAM MUNICIPAL
CORPORATION
EXHIBIT R 5 (F) A TRUE COPY OF THE APPEAL DATED
29.02.2024 PREFERRED BEFORE THE
CORPORATION COUNCIL, KOLLAM MUNICIPAL
CORPORATION UNDER SECTION 509(1) OF
THE KERALA MUNICIPALITY ACT, 1994
EXHIBIT R 5(B) PHOTOGRAPHS OF THE RESIDENTIAL HOUSE
OF PETITIONERS 1 AND 2
EXHIBIT R 5 (D) A TRUE COPY OF THE COMMUNICATION
DATED 01.04.2024 ISSUED BY THE
ENVIRONMENTAL ENGINEER, KERALA STATE
POLLUTION CONTROL BOARD
EXHIBIT R5(G) A TRUE COPY OF THE STAY PETITION
DATED 29.02.2024 SUBMITTED BEFORE THE
MAYOR, KOLLAM MUNICIPAL CORPORATION
EXHIBIT-R1(A) TRUE COPY OF THE LETTER DATED
04.06.2024 OF THE 2ND RESPONDENT
EXHIBIT-R1(B) THE TRUE COPY OF THE SOUND LEVEL
MONITORING REPORT DATED 04.03.2024
WP(C) Nos.9782 and 13418 of 2024
ISSUED BY THE 2ND RESPONDENT
ANNEXURE R2(A) TRUE COPY OF THE NOISE MONITORING
REPORT DATED 04-03-2024
ANNEXURE R2(B) TRUE COPY OF THE LETTER DATED
04.06.2024
ANNEXURE R2(C) TRUE COPY CIRCULAR DATED 10-02-2022
ANNEXURE R2(D) TRUE COPY OF THE CIRCULAR DATED 6-4-
ANNEXURE R2(E) TRUE COPY LETTER DATED 01.04.2024
WP(C) Nos.9782 and 13418 of 2024
APPENDIX OF WP(C) 13418/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE LICENSE DATED
26.12.2023 ISSUED BY THE 4TH
RESPONDENT
EXHIBIT P2 A TRUE COPY OF THE ACKNOWLEDGEMENT
CERTIFICATE DATED 01.03.2024 ISSUED
BY THE DEPARTMENT OF INDUSTRIES AND
COMMERCE, GOVERNMENT OF KERALA
EXHIBIT P3 A TRUE COPY OF THE NOTICE NO. G-
22402003.74 DATED 26.02.2024 ISSUED
BY THE 5TH RESPONDENT
EXHIBIT P4 A TRUE COPY OF THE SUIT AS O.S. NO.
351/2023 ON THE FILES OF THE
MUNSIFF'S COURT, KOLLAM
EXHIBIT P5 A TRUE COPY OF THE EXPLANATION DATED
29.02.2024 SUBMITTED TO THE 5TH
RESPONDENT
EXHIBIT P6 A TRUE COPY OF THE APPEAL DATED
29.02.2024 PREFERRED BEFORE THE 2ND
RESPONDENT UNDER SECTION 509(1) OF
THE KERALA MUNICIPALITY ACT, 1994
EXHIBIT P7 A TRUE COPY OF THE STAY PETITION
DATED 29.02.2024 SUBMITTED BEFORE THE
3RD RESPONDENT
RESPONDENTS EXHIBITS
EXHIBIT R6(A) A TRUE COPY OF THE APPLICATION DATED
06.04.2024 SUBMITTED BEFORE THE
INFORMATION OFFICER OF THE 1ST
RESPONDENT
EXHIBIT R6(B) A TRUE COPY OF THE REPLY DATED
04.05.2024 ISSUED BY THE 1ST
RESPONDENT
WP(C) Nos.9782 and 13418 of 2024
EXHIBIT R6(C) TRUE COPY OF THE MINIMUM FIRE SAFETY
GUIDELINES FOR MERCANTILE BUILDINGS
EXHIBIT R6(D) A TRUE COPY OF THE EMAIL ADDRESSED TO
THE ENVIRONMENT ENGINEER, POLLUTION
CONTROL BOARD KOLLAM, DATED
07.03.2024
EXHIBIT R6(F) TRUE PHOTOGRAPHS OF THE ARIAL VIEW OF
THE LOCALITY
EXHIBIT R6(G) TRUE PHOTOGRAPHS SHOWING THE
PROXIMITY OF PETITIONERS RESIDENCE
WITH NUISANCE CREATING MACHINERIES
EXHIBIT R6(H) TRUE COPY OF THE MEDICAL CERTIFICATES
OF THE FATHER DATED 25.02.2024
EXHIBIT R6(I) TRUE COPY OF THE MEDICAL CERTIFICATES
OF THE MOTHER DATED 25.02.2024
EXHIBIT R6(E) A TRUE COPY OF THE REPORT DATED
20.02.2024 NOTED IN THE FILE
