Kerala High Court
K.K.Sadanandan vs State Of Kerala on 28 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 32264 OF 2016
PETITIONER/S:
1 K.K.SADANANDAN
AGED 62 YEARS
S/O KUNJAN, AROOPARAMBIL HOUSE, CHALAPARAMBU,
VAIKOM PO, KOTTAYAM DISTRICT-686141
2 MOHANAN.R
S/O RAGHAVAN, ARUPARAMBIL HOUSE, CHALAPARAMBU,
VAIKOM PO, -686141
3 BAIJU.P.V
S/O VASU, PATTATHIPARAMBU HOUSE, CHALAPARAMBU,
VAIKOM PO, KOTTAYAM DISTRICT-686141
4 RAJEEVAN
S/O PADMANABHAN, SREEVILASAM HOUSE, CHALAPARAMBU,
VAIKOM PO, KOTTAYAM DISTRICT-686141
BY ADV SRI.DINESH MATHEW J.MURICKEN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001
2 VAIKOM MUNICIPALITY
MUNICIPAL OFFICE, VAIKOM, VAIKOM PO, PIN-686 141,
REPRESENTED BY ITS SECRETARY
3 THE SECRETARY
VAIKOM MUNIUCIPALITY, MUNICIPAL OFFICE, VAIKOM,
VAIKOM.P.O, -686141
4 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD,DISTRICT
OFFICE, THRISSUR,BISHOP ALAPATT ROAD,
PILLAKAD,THRISSUR, KERALA-680001. [CORRECTED]
[ADDRESS OF 4TH RESPONDENT IS CORRECTED AS "THE
ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION
CONTROL BOARD, DISTRICT OFFICE KOTTAYAM, V-
PUBLISHERS BUILDING, SREENIVASA IYER ROAD,
KOTTAYAM DISTRICT, PIN-686001" AS PER ORDER DATED
09/10/2017 IN IA.15413/2017].
W.P(C) No. 32264 of 2016
2
5 THE DISTRICT MEDICAL OFFICER
2ND FLOOR, COLLECTORATE, KOTTAYAM DISTRICT, PIN-
686002
6 THE ASSISTANT DISTRICT INDUSTRIES OFFICER
TALUK INDUSTRIES OFFICE, VAIKOM, VAIKOM PO, PIN-
686141
7 FATHIMA PLASTICS PVT.LTD
REPRESENTED BY ITS DIRECTOR, JASMI WAHAB,
I.D.PLOT, CHALAPARAMBU, VAIKOM.P.O, PIN-686141
BY ADVS.
SRI.S.P.ARAVINDAKSHAN PILLAY
SRI.S.A.ANAND
SMT.L.ANNAPOORNA
SRI.K.A.BALAN
SRI.PETER JOSE CHRISTO
SMT.K.N.REMYA
SMT.N.SANTHA
SRI.V.VARGHESE
OTHER PRESENT:
SMT.SREEKALA-SC ,SMT.K.B.SONY-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING
W.P(C) No. 32264 of 2016
3
M.A ABDUL HAKHIM, J
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WP(C) No.32264 of 2016
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Dated this the 28th of May, 2024
JUDGMENT
1. The petitioners have filed this writ petition seeking a
direction to the Respondent No.4 to direct the
Respondent No.7 to stop the functioning of his Industrial
Unit and also challenging Ext.P6 on the ground that
Ext.P6 Consent to Operate is issued by the Kerala State
Pollution Control Board only under Air (Prevention &
Control of Pollution)Act, 1981 and not under
Water(Prevention & control of Pollution) Act, 1974.
According to the petitioners, since the Respondent No.7
is not having any Consent to Operate under the Water
(Prevention & Control of Pollution) Act, 1974, he is not
entitled to operate the industrial unit.
2. A report dated 02.12.2016 has been filed by the
Respondent No.4/Environmental Engineer, the Kerala
State Pollution Control Board stating that Ext.P6 Consent
To Operate is issued both under Air (Prevention &
Control of Pollution) Act, 1981 and Water (Prevention &
Control of Pollution) Act 1974 and by omission due to the
typographical error Water(Prevention & Control of
Pollution) Act, 1974 was not included.
3. The counsel for the Respondent No.7 submitted that
though Ext.P6 Consent was valid up to 31.12.2017, it was
renewed from time to time and at present it is valid till
30.11.2027.
4. In view of the fact that the writ petition is filed in
the year 2016 and the fact that the non-inclusion of
Water(Prevention & Control of Pollution) Act, 1974 in
Ext.P6 is due to the typographical error, this writ petition
is dismissed giving liberty to the petitioner to represent
the authorities in case the Respondent No.7 functions his
industrial unit without obtaining necessary
Licenses/Permissions and in case the Respondent No.7
functions the same in violation of the conditions specified
in various Licenses/permissions issued to him.
Sd/-
M.A ABDUL HAKHIM, Judge
jma
APPENDIX OF WP(C) 32264/2016
PETITIONER EXHIBITS
EXT.P1 TRUE COPY OF THE COMPLAINT LODGED BY THE
PETITIONERS AND OTHER RESIDENTS BEFORE
THE 2ND RESPONDENT
EXT.P2 TRUE COPY OF THE COMPLAINT LODGED BY THE
PETITIONERS AND OTHER RESIDENTS BEFORE
THE 4TH RESPONDENT
EXT.P3 TRUE COPY OF THE COMPLAINT LODGED BY THE
PETITIONERS AND OTHER RESIDENTS BEFORE
THE 5TH RESPONDENT
EXT.P4 TRUE COPY OF THE COMPLAINT LODGED BY THE
PETITIONERS AND OTHER RESIDENTS BEFORE
THE 6TH RESPONDENT
EXT.P5 TRUE COPY OF THE NOTICE ISSUED BY THE
2ND RESPONDENT DATED 10/3/2016
EXT.P6 TRUE COPY OF THE CONSENT TO OPERATE
ISSUED BY THE 4TH RESPONDENT DATED
24/3/2015
RESPONDENTS ANNEXURES
ANNEXURE R4(A) TRUE COPY OF THE CONSENT TO OPERATE
dated 24.03.2015 ISSUED TO 7TH
RESPONDENT BY THE KSPCB
ANNEXURE R4(B) TRUE COPY OF THE LETTER DT 04.03.2016
ISSUED TO 7TH RESPONDENT BY THE KSPCB
ANNEXURE R4(C) TRUE COPY OF THE SHOW CAUSE NOTICE DT
02.07.2016 ISSUED TO THE 7TH RESPONDENT
BY THE KSPCB
