Kerala High Court
C.M.Rasheed vs District Collector on 10 October, 2024
Author: K. Babu
Bench: K. Babu
W.P.(C)No.1538 of 2021 2024:KER:75273
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
WP(C) NO. 1538 OF 2021
PETITIONERS:
1 C.M.RASHEED,
AGED 42 YEARS,
S/O.KOCHUMUHAMMED MAKKAR, CHITTETHUKUDI HOUSE,
ASAMANNOOR P.O., ODAKKALY, ERNAKULAM-683 549.
2 DHANEESH.K.P.,
AGED 33 YEARS,
S/O.K.K.PITHAMBHARAN, KOZHIKATTIL HOUSE,
THAIKATTUKARA P.O., ALUVA-683 106.
BY ADV
SRI.BIJU ABRAHAM
RESPONDENTS:
1 DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION, KAKKANAD,
ERNAKULAM-682 030.
2 THE ASAMANNOOR GRAMA PANCHAYATH,
ASAMANNOOR P.O., REPRESENTED BY ITS SECRETARY,
PIN-683 549.
3 DISTRICT MEDICAL OFFICER OF HEALTH,
ERNAKULAM-682 011.
4 THE POLLUTION CONTROL BOARD,
REGIONAL OFFICE, PERUMBAVOOR-683 542,
REPRESENTED BY THE ASSISTANT ENVIRONMENT
ENGINEER.
W.P.(C)No.1538 of 2021 2024:KER:75273
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5 KUNNATHAN POLYMERS PVT.LTD.,
ASAMANNOOR P.O., ODAAKKALY-683 549,
REPRESENTED BY ITS MANAGING DIRECTOR
SHRI.K.V.PAREETH
6 SEVEN STAR PLYWOOD AND BLOCK BOARDS,
ASAMANNOOR P.O., ODAKKALY-683 549,
REPRESENTED BY ITS MANAGING PARTNER
SHRI.K.V.HAMSA.
7 STAR PLYWOOD INDUSTRIES,
ODAKKALY, ASAMANNOOR P.O., PERUMBAVOOR-683 549,
REPRESENTED BY ITS MANAGING PARTNER
SHRI.P.A.ANTHRU.
8 KUNNATHAN WOOD PRODUCTS,
ASAMANNOOR P.O., ODAKKALY, PIN-683 549,
REPRESENTED BY ITS MANAGING PARTNER
SHRI.K.V.ABBAS.
BY ADVS.
SMT.R.BINDU (SASTHAMANGALAM), R5 & R7
SRI.P.E.SAJAL
SRI.K.S.ARUN KUMAR
SRI.E.G.GORDEN,PP
SRI.ENOCH DAVID SIMON JOEL, ADVOCATE COMMISSIONER
SRI.P.E.SAJAL, R6 & R8
SRI.AJAS K.S.(K/2080/2021), R6 & R8
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 10.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.1538 of 2021 2024:KER:75273
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K.BABU, J.
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W.P.(C) No.1538 of 2021
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Dated this the 10th day of October, 2024
JUDGMENT
The learned counsel for the petitioners submitted that the
petitioners are not pressing the Writ Petition. The submission is
recorded.
The Writ Petition is dismissed as not pressed.
Sd/-
K.BABU
JUDGE
VPK
W.P.(C)No.1538 of 2021 2024:KER:75273
APPENDIX OF WP(C) 1538/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE COMPLAINT MADE BY
THE 1ST PETITIONER BEFORE THE 4TH
RESPONDENT DATED 13.11.2018.
EXHIBIT P2 A TRUE COPY OF THE REPORT SUBMITTED BY
THE MEDICAL OFFICER TO THE PANCHAYATH
SECRETARY DATED 02.01.2018.
EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION DATED
03.11.2018 OF THE 2ND RESPONDENT TO THE
4TH RESPONDENT.
EXHIBIT P4 THE COPY OF THE NOTICE SEND BY THE 2ND
RESPONDENT TO THE 7TH RESPONDENT DATED
20.05.2019.
EXHIBIT P5 A TRUE COPY OF THE NOTICE SEND BY THE
2ND RESPONDENT TO THE 8TH RESPONDENT
DATED 20.05.2019.
EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION GIVEN
BY THE 2ND RESPONDENT TO THE 1ST
PETITIONER DATED 22.08.2019.
EXHIBIT P7 (9 IN THE PHOTOGRAPHS TAKEN FROM THE FACTORY
NUMBERS) AREA SHOWING THE EMISSION OF POLLUTED
AIR AND WATER OF THE RESPONDENTS 5 TO
EXHIBIT P8(5 IN THE PHOTOGRAPH SHOWING THE CONSTRUCTION
NUMBERS) ABUTTING THE PUBLIC ROAD MADE BY THE
RESPONDENTS 5 TO 8.
RESPONDENTS' EXHIBITS
EXHIBIT R5(a) TRUE PHOTOCOPY OF THE LICENSE DETAILS
ISSUED BY THE DEPARTMENT OF FACTORIES
AND BOILERS DATED 13.02.2019
EXHIBIT R5(b) TRUE PHOTOCOPY OF THE CERTIFICATE
ISSUED BY THE KERALA BOILER INSPECTION
W.P.(C)No.1538 of 2021 2024:KER:75273
DEPARTMENT DATED 14.12.2000
EXHIBIT R5(c) TRUE PHOTOCOPY OF THE INTEGRATED
CONSENT TO OPERATE THE INDUSTRY
EXHIBIT R5(d) TRUE PHOTOCOPY OF THE REPORT OF THE
DISTRICT MEDICAL OFFICER, ERNAKULAM
EXHIBIT R5(e) TRUE PHOTOCOPY OF THE LICENSE ISSUED BY
THE PETROLEUM AND EXPLOSIVES SAFETY
ORGANISATION DATED 23.01.2020
EXHIBIT R5(f) TRUE PHOTOCOPY OF THE PERMIT ISSUED BY
THE ASSISTANT DRUG CONTROLLER,
ERNAKULAM DATED 17.12.2020.
EXHIBIT R5(g) TRUE PHOTOCOPY OF THE LICENSE ISSUED BY
THE 2ND RESPONDENT DATED 22.08.2020
EXHIBIT R7(a) TRUE PHOTOCOPY OF THE LICENSE ISSUED BY
THE DEPARTMENT OF FACTORIES AND BOILERS
DATED 09.11.2020
EXHIBIT R7(b) TRUE PHOTOCOPY OF THE CONSENT TO
OPERATE ISSUED BY THE KEARLA STATE
POLLUTION CONTROL BOARD DATED
05.11.2018
EXHIBIT R7(c) TRUE PHOTOCOPY OF THE LICENCE ISSUED BY
THE FOREST DEPARTMENT DATED 09.05.2019
EXHIBIT R7(d) TRUE PHOTOCOPY OF THE UDYAM
REGISTRATION CERTIFICATE DATED
01.01.2021
EXHIBIT R7(e) TRUE PHOTOCOPY COPY OF THE RENEWED
LICENCE DATED 20.03.2020
EXHIBIT R7(f) TRUE COPY OF THE REPLY GIVEN BY THE 7TH
RESPONDENT DATED 25.05.2019.
