Sibichan vs The Environmental Engineer
2024 Latest Caselaw 27254 Ker

Kerala High Court

Sibichan vs The Environmental Engineer on 11 September, 2024

WP(C) No.252/2024                       1/5                        Order Date : 11-09-2024

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                    THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
           Wednesday, the 11th day of September 2024 / 20th Bhadra, 1946
                               WP(C) NO. 252 OF 2024
   PETITIONERS:

      1. SIBICHAN, AGED 50 YEARS, S/O.PAULOSE, KAREEKKALA, KOKKOTHAMANGALAM
         P. O., CHERTHALA, ALAPPUZHA DISTRICT, PIN-688527
      2. PUSHPALATHA, AGED 46 YEARS, D/O.PANKAJAKSHI, AMAL NIVAS,
         KOKKOTHAMANGALAM P. O., CHERTHALA, ALAPPUZHA DISTRICT, PIN-688527

   RESPONDENTS:

      1. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD,
         DISTRICT OFFICE, THONDANKULANGARA, THATTAMPPALLY P. O., ALAPPUZHA,
         PIN-688013
      2. THANNERMUKKOM GRAMA PANCHAYATH, PANCHAYATH OFFICE, THANNEERMUKKAM
         P.O., CHERTHALA, ALAPPUZHA DISTRICT, REP. BY ITS SECRETARY,
         PIN-688527
      3. THE SECRETARY, THANNEERMUKKOM GRAMA PANCHAYATH, PANCHAYATH OFFICE,
         THANNEERMUKKAM P.O., CHERTHALA, ALAPPUZHA DISTRICT, PIN-688527
      4. THOMAS ANTONY, S/O.LATE ANTONY, KAREEKKALA THEVARKARIYIL,
         KOKKOTHAMKANGALAM P. O, CHERTHALA, ALAPPUZHA, PIN-688527


        Writ Petition (Civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay the operation and the effect of Ext. P-12 consent to
   operate or give a direction to the respondents 2 and 3 not to act upon
   Ext. P-12 consent to operate, pending disposal of this writ petition
   (Civil).


        This petition again coming on for orders upon perusing the petition
   and the affidavit filed in support of WP(C) and this Court's order dated
   23.07.2024 and upon hearing the arguments of M/S. B.PRAMOD & BIJU
   VIGNESWAR, Advocates for the petitioners and of M/S. R.KRISHNAKUMAR
   (CHERTHALA) & T.JAYAKRISHNAN, Advocates for R4, the court passed the
   following:
 WP(C) No.252/2024                             2/5                          Order Date : 11-09-2024




                                 Mohammed Nias C.P., J.
                              =-=-=-=-=-=-=-=-=-=-=-=-=-=
                         W.P.(C)Nos.252 of 2024 & 9074 of 2021
                              =-=-=-=-=-=-=-=-=-=-=-=-=-=
                        Dated this the 11th day of September, 2024

                                              ORDER

Though a counter affidavit has been filed by the Pollution

Control Board on 02.09.2024, two aspects are not clear.

Accordingly, there will be a direction to the Pollution Control Board

to file an affidavit, specifying the norms required for the

petitioners in W.P.(C)No.9074 of 2021 allowing them to rear 2700

chicks. The norms shall be clearly stated by the Pollution Control

Board after causing an inspection and shall also state whether the

distance rule is met by the writ petitioners in W.P.(C)No.9074 of

2021. The above shall be with reference to the business/

permission sought for by the 2 nd respondent in W.P.(C)No.9074 of

2021. The Pollution Control Board shall also state the norms in

existence when the 2nd petitioner started the business and also

when he expanded the business.

Post after three weeks.

Sd/-

Mohammed Nias C.P. Judge vpv WP(C) No.252/2024 3/5 Order Date : 11-09-2024

APPENDIX OF WP(C) 252/2024 Exhibit P1 TRUE COPY OF THE 'CONSENT TO OPERATE" DATED 23.02.2012 ISSUED IN RESPECT OF "KKR POULTRY FARM" BEING RUN IN ONE SHED OWNED BY THE 4TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE "CONSENT TO OPERATE" DATED 22.01.2019 IN RELATION TO TWO MORE SHEDS CONSTRUCTED IN THE YEAR 2019, AS PART OF THE KKR POULTRY FARM OWNED BY THE 4TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE CIRCULAR NO. PCB/T4/115/1997(2) DATED 31.08.2016 OF KERALA STATE POLLUTION CONTROL BOARD. Exhibit P4 TRUE COPY OF THE ROUGH SKETCH SHOWING THE LIE OF THE PETITIONERS' RESIDENCES AND THE THREE SHEDS OF "KKR POULTRY FARM".

Exhibit P5 TRUE COPY OF THE NOTICE DATED 25.03.2021 ISSUED BY THE 1ST RESPONDENT TO THE 4TH RESPONDENT.

Exhibit P6 TRUE COPY OF THE MEMORANDUM OF W. P. (C) NO. 9074/2021 WITHOUT EXHIBITS.

Exhibit P7 TRUE COPY OF THE INTERIM ORDER DATED 29.03.2022 IN W. P. (C) NO. 9074/2021 PASSED BY THIS HON'BLE COURT. Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 19.10.2022 IN W. P. (C) NO. 32178/2022 PASSED BY THIS HON'BLE COURT. Exhibit P9 TRUE COPY OF THE MEMORANDUM OF W. P. (C). NO.

39079/2023 WITHOUT EXHIBITS.

Exhibit P10 TRUE COPY OF THE RTI REPLY DATED 07.07.2023 ISSUED BY THE KSEB.

Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 23.11.2023 IN W. P (C).

NO. 39079/2023 PASSED BY THIS HON'BLE COURT. Exhibit P12 TRUE COPY OF THE CONSENT TO OPERATE DATED 22.12.2023 ISSUED BY THE 1ST RESPONDENT TO "KKR POULTRY FARM". Exhibit P13 True copy of the notice dated 20.04.2020 issued by the 3rd respondent Secretary to the 4th respondent. Exhibit P14 True copy of the reply dated 02.05.2020 submitted by the 4th respondent to the 3rd respondent. Exhibit P15 TRUE COPY OF THE LETTER DATED 19.12.2023 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT OBTAINED BY THE PETITIONERS UNDER THE RTI ACT.

Exhibit P16 TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 21.12.2023 ISSUED BY THE 2ND RESPONDENT PANCHAYAT FOR BUILDING NO. 20/62 OWNED BY THE 4TH RESPONDENT. Exhibit P17 TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 21.12.2023 ISSUED BY THE 2ND RESPONDENT PANCHAYAT FOR BUILDING NO. 20/62A OWNED BY THE 4TH RESPONDENT. Exhibit P18 TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 21.12.2023 ISSUED BY THE 2ND RESPONDENT PANCHAYAT FOR BUILDING NO. 20/62B OWNED BY THE 4TH RESPONDENT. Exhibit P19 TRUE COPY OF THE APPLICATION DATED 03.01.2024 SUBMITTED BY THE 2ND PETITIONER TO THE ASSISTANT ENGINEER, ELECTRICAL SECTION, THANNEERMUKKOM.

Exhibit P20 TRUE COPY OF THE REPLY DATED 29.01.2024 ISSUED FROM THE OFFICE OF THE ASSISTANT ENGINEER, ELECTRICAL SECTION, THANNEERMUKKOM.

WP(C) No.252/2024 4/5 Order Date : 11-09-2024

Exhibit R4[a] A true copy of the complaint submitted by the 2nd petitioner before the Kerala State SC/ST Commission dated 03-01-2023 Exhibit R4[b] A true copy of the order bearing no.

158/A4/2023/ALP/KSCSC and ST dated 18-12-2023 of the Kerala State SC/ST Commission Exhibit R4[c] A true copy of the order dated 14-02-2023 in R.P No.1287/2022 of this Hon'ble Court Exhibit R4[d] A true copy of the application submitted by Renny Antony, bother of the petitioner before the Assistant Engineer/RTI Officer, KSEB dated 05-04-2023 Exhibit R4[e] A true copy of the reply given by the Assistant Engineer/RTI Officer, KSEB to Reny Antony under the RTI Act dated 07-07-2023 Ext.R1(a) True copy of the Circular No. PCB/GEN/C/1/2003 dated 21-7-2003 issued by the Pollution Control Board. Ext.R1(b) True copy of the Circular No. PCB/TAC/18/2004 dated 9-8-2004 issued by the Pollution Control Board. Ext.R1(c) True copy of the relevant pages of the Circular No. PCB/T4/115/97 (3) dated 31-8-2016 issued by the Pollution Control Board.

Ext.R1(d) True copy of the Circular No. PCB/T4/115/97 dated 15-10-2007 issued by the Pollution Control Board. Ext.R1(e) True copy of the Consent to Operate No. PCB/ALP/IC-6021/19 dated 13-8-2019 issued by the Pollution Control Board with validity upto 30-11-2022. Ext.R1(f) True copy of the Letter No. PCB/ALP/TG-400/19 dated 18-12-2020 issued by the Pollution Control Board. Ext.R1(g) True copy of the show cause Notice No. PCB/ALP/TG-400/19 dated 27-1-2021 issued by the Pollution Control Board.

Ext.R1(h) True copy of the Order of this Honourable Court dated 8-4-2021 in WPC No. 9074/2021.

Ext.R1(i) True copy of the Letter No. PCB/HO/EE1/CMPGRC/36/2020 dated 15-11-2021 issued by the Chairman of the Pollution Control Board.

Ext.R1(k) True copy of the direction Letter No. PCB/ALP/TG-400/19 dated 8-12-2021 issued by the Pollution Control Board. Ext.R1(l) True copy of the Letter No. PCB/ALP/TG-400/19 dated 25-1-2022 issued by the Environmental Engineer to the Chief Environmental Engineer, PCB.

Ext.R1(n) True copy of the Reply Letter dated 14-2-2022 submitted by the 4th respondent.

Ext.R1(o) True copy of the RTI Letter No. DB/F1/ACT/23-24/AEE/ESD CTLA/30 dated 7-7-2023 from the KSE Board submitted by the 4th respondent.

Ext.R1(p) True copy of the communication No. PCB/ALP/TG-400/19 dated 5-12-2023 along with the copy of the attendance sheet for the joint inspection on 7-12-2023. Ext.R1(q) True copy of the Letter No. PCB/ALP/TG-400/19 dated 2-12-2023 issued by the Environmental Engineer, PCB. Ext.R1(r) True copy of the Minutes of the Hearing conducted on 8-12-2023.

WP(C) No.252/2024 5/5 Order Date : 11-09-2024

Ext.R1(j) True copy of the Consent Withdrawal Order No. PCB/ALP/TG-400/19 dated 8-12-2021 issued by the Pollution Control Board.

Ext.R1(m) True copy of the Letter No. PCB/ALP/TG-400/19 dated 25-1-2022 issued by the Pollution Control Board to the Unit.