Kerala High Court
Sheeba Shajahan vs State Of Kerala on 11 September, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
W.A.Nos.522 & 585 of 2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
WA NO. 522 OF 2024
AGAINST THE JUDGMENT DATED 15.03.2024 IN WP(C) NO.710
OF 2024 OF HIGH COURT OF KERALA
APPELLANTS/WRIT PETITIONERS:
1 SHEEBA SHAJAHAN,
AGED 48 YEARS
NADUVATHAZHIKATHU KIZHAKKATHIL, KUREEPUZHA,
PERINADU (P.O.), PIN - 691601
2 SOBHA,
AGED 49 YEARS
THANDEKKAD JAYANTHI COLONY, KUREEPUZHA,
PERINADU (P.O.), KOLLAM, PIN - 691601
3 PRADEEP KARUNAKARAN,
AGED 49 YEARS
MEMBER, KALARAJANI NAGAR RESIDENCE ASSOCIATION,
RESIDING AT PRADEEP BHAVANAM, KUREEPUZHA,
PERINADU (P.O.), KOLLAM, PIN - 691601
BY ADVS.
C.UNNIKRISHNAN (KOLLAM)
GOUTHAM KRISHNA U.B.
NIDHI BALACHANDRAN
UTHARA A.S
VIJAYKRISHNAN S. MENON
VIVEK NAIR P.
W.A.Nos.522 & 585 of 2024 2
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY IT'S SECRETARY TO GOVERNMENT,
DEPARTMENT OF ENVIRONMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR KOLLAM
DISTRICT COLLECTORATE, KOLLAM, PIN - 691013
3 THE CORPORATION OF KOLLAM,
REPRESENTED BY IT'S SECRETARY,
KOLLAM, PIN - 691001
4 KERALA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS BOARD SECRETARY, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
5 THE DISTRICT OFFICER,
KERALA STATE POLLUTION CONTROL BOARD,
USHUS BUILDING, BIG BAZAR KOLLAM, PIN - 691001
6 DISTRICT MEDICAL OFFICER,
KOLLAM, DISTRICT MEDICAL OFFICE (HEALTH),
ANANDAVALLEESWARAM, VAIDYA NAGAR,
KOLLAM, PIN - 691013
7 HEALTH INSPECTOR,
HRIKKADAVOOR ZONAL OFFICE, ANCHALUMMOOD, KOLLAM,
PIN - 691601
8 AMBIKADEVI T.G., *CORRERCTED
ANJANEYAM (KARAB 12), SREEKARYAM (P.O.),
THIRUVANANTHAPURAM *AMBALIKA DEVA, ANJANEYAM
(KARAB 12), SREEKARYAM (P.O.,)
THIRUVANANTHAPURAM, PIN - 695017
(THE NAME OF THE 8TH RESPONDENT IS CORRECTED AS
'AMBALIKA DEVI' INSTEAD OF SMT.AMBIKA DEVI' AS
PER ORDER DATED 09-02-2024 IN IA 4/24 IN WPC),
W.A.Nos.522 & 585 of 2024 3
9 ADDL.R9. ANITHA SUNIL,
QUILON ROCK PRODUCTS, RESIDING AT TRIPTHY,
PANKONAM, MUKHATHALA P.O., KOLLAM - 691577
(IMPLEADED AS PER ORDER DATED 09-02-2024 IN IA
1/24 IN WPC)
SC KSPCB SRI.T.NAVEEN
SR.G.P. SRI.V.TEKCHAND
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
11.09.2024, ALONG WITH WA.585/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.A.Nos.522 & 585 of 2024 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
WA NO. 585 OF 2024
AGAINST THE JUDGMENT DATED 15.3.2024 IN WP(C) NO.3210
OF 2024 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 6, 7, 8, 9,10, 11 & 12:
1 SIVAPRASAD
THULASI VILASOM, KUREEPUZHA, KOLLAM, PIN - 691601
2 MINI
THULASI VILASOM, KUREEPUZHA, KOLLAM, PIN - 691601
3 SHAJAHAN
NADUVATHAZHIKATHU KIZHAKKATHIL, KUREEPUZHA,
KOLLAM, PIN - 691601
4 SANAL KUMAR
KOTTARA KIZHAKKATHIL, KUREEPUZHA, KOLLAM, PIN -
691601
5 BIJU
KOTTARA KIZHAKKATHIL, KUREEPUZHA, KOLLAM,
PIN - 691601
6 PANKAJAKSHAN
SONU NIVAS, KUREEPUZHA, KOLLAM, PIN - 691601
W.A.Nos.522 & 585 of 2024 5
7 RAJESWARI
KOTTARA KIZHAKKATHIL, KUREEPUZHA, KOLLAM, PIN -
691601
BY ADVS.
C.UNNIKRISHNAN (KOLLAM)
GOUTHAM KRISHNA U.B.
NIDHI BALACHANDRAN
UTHARA A.S
VIJAYKRISHNAN S. MENON
VIVEK NAIR P.
RESPONDENTS/PETITIONER & RESPONDENTS 1 - 5:
1 ANITHA SUNIL, W/O.SUNIL KUMAR
AGED 53 YEARS
QUILON ROCK PRODUCTS, RESIDING AT TRIPTHY,
PANKONAM, MUKHATHALA P.O., KOLLAM, PIN - 691577
2 STATE POLICE CHIEF
POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
3 CITY POLICE COMMISSIONER
KOLLAM CITY, DISTRICT POLICE HEADQUARTERS,
KOLLAM, PIN - 691001
4 ASSISTANT POLICE COMMISSIONER
KOLLAM CITY, DISTRICT POLICE HEADQUARTERS,
KOLLAM, PIN - 691001
5 STATION HOUSE OFFICER
ANCHALUMOOD POLICE STATION, ANCHALUMOOD P.O.,
KOLLAM, PIN - 691601.
6 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, USHUS BUILDING, CHAMAKKADA,
KOLLAM, PIN - 691001.
W.A.Nos.522 & 585 of 2024 6
BY ADVS.
Mohan Lal B
P.S.PREETHA(K/883/1998)
ASWIN V. NAIR(K/1019/2017)
JAYAPRABHA ARJUN(K/001757/2023)
BLESSY MARY SEBASTIAN(K/003114/2023)
PRAVEENA T.(K/001645/2024)
SC KSPCB SRI.T.NAVEEN
SR.G.P. SRI.V.TEKCHAND
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION
ON 11.09.2024, ALONG WITH WA.522/2024, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.Nos.522 & 585 of 2024 7
A.MUHAMED MUSTAQUE, Acg.C.J. & S.MANU, J.
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W.A.Nos.522 & 585 of 2024
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Dated this the 11th day of September, 2024
JUDGMENT
A.MUHAMED MUSTAQUE, Acg.C.J.
These matters came before this Court regarding police
protection and a challenge to the integrated consent issued to
operate an industry which is yet to be commenced. The
Pollution Control Board sought to revoke the integrated consent
by issuing a notice on the grounds of suppression of material
facts. The notice states that conditions were not complied with,
and that consent was obtained based on information that the
operator had complied with these conditions.
2. The learned Single Judge directed that police
protection be granted to allow the unit to operate after
obtaining the necessary consent and instructed the Board to
consider compliance with the conditions. The unit is currently
being used as a stockyard for M Sand. It is now submitted at
the Bar that, following the disposal of the writ petition, the
Pollution Control Board is satisfied with the compliance and does
not intend to revoke the integrated consent.
3. If the consent is issued, the remedy for an
aggrieved party lies in filing an appeal under the Air (Prevention
and Control of Pollution) Rules. The essential point raised in this
case is based on factual grounds. It is appropriate for the
appellants, who claim to be nearby residents, to approach the
appellate authority to challenge the consent granted. If the
appellants approach the appellate authority within one month,
their appeal shall be considered after hearing both sides.
The writ appeals are disposed of accordingly.
Sd/-
A.MUHAMED MUSTAQUE,
ACTING CHIEF JUSTICE
Sd/-
S.MANU,
JUDGE
skj
RESPONDENT ANNEXURES
ANNEXURE-R1(a) The true copy of the Application dated
06/04/2024 submitted by the 1st
Respondent before the 6th Respondent
Annexure-R1(b) The true copy of the Receipt issued by
the 6th Respondent to the 1st
Respondent dated 06/04/2024
Annexure R6(a) True copy of the Communication No.
KSPCB/KL/ICO/10033354/2023 dated 18-5-
2024 issued by the Pollution Control
Board to the Unit, along with English
Translation.
Annexure R6(b) True copy of the Letter dated 26-7-2024
along with the photographs, submitted
by the petitioner.
