Kerala High Court
Sherly Sasidharan vs Thrissur Corporation on 24 September, 2024
2024:KER:71174
WP(C) Nos.2957/2022 &
Connected cases
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946
WP(C) NO. 2957 OF 2022
PETITIONER:
JOHNY
AGED 64 YEARS
S/O.PORINCHU, PROPRIETOR,
SHARP METAL SCRAPS, CHIYYARAM P.O.,
THRISSUR TALUK, PIN - 680 026,
RESIDING AT CHOONDAYIL HOUSE,
CHIYYARAM P.O., THRISSUR TALUK,
PIN - 680 026.
BY ADV D.ANIL KUMAR
RESPONDENTS:
1 THRISSUR MUNICIPAL CORPORATION
REPRESENTED BY ITS SECRETARY,
MUNICIPAL OFFICE ROAD, KURUPPAM,
THEKKINKADU MAIDAN,
THRISSUR, PIN - 680 001.
2 THE SECRETARY
THRISSUR MUNICIPAL CORPORATION,
MUNICIPAL OFFICE ROAD, KURUPPAM,
THEKKINKADU MAIDAN,
THRISSUR, PIN - 680 001.
3 ADDL.R3 SMT.SHERLY SASINDRAN,
AGED 48 YEARS, W/O SASINDRAN,
RESIDING AT MANAYIL HOUSE
P.O CHIYYARAM,
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2
THRISSUR - 680 026
[ADDL.R3 IS IMPLEADED AS PER ORDER DATED
21/02/2022 IN I.A:1/2022 IN WP(C) 2957/2022]
BY ADVS.
SHRI. SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION
V.M.KRISHNAKUMAR
P.R.REENA(K/000510/1998)
SRI.T.NAVEEN, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.09.2024, ALONG WITH WP(C).39552/2022, 5200/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:71174
WP(C) Nos.2957/2022 &
Connected cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946
WP(C) NO. 39552 OF 2022
PETITIONER/S:
1 SHERLY SASINDRAN
AGED 48 YEARS
W/O SASINDRAN, MANAYIL HOUSE P.O. CHIYYARAM,
THRISSUR ., PIN - 680026
2 BABU P.J.,
AGED 58 YEARS
S/O.JOHNNY, PALIAKKARA, SEVANA NAGAR, THRISSUR,
PIN - 680026
BY ADVS.
V.M.KRISHNAKUMAR
P.R.REENA(K/000510/1998)
RESPONDENT/S:
1 THE KERALA POLLUTION CONTROL BOARD,
REP. BY THE ENVIRONMENTAL ENGINEER, KERALA STATE
POLLUTION CONTROL BOARD, MAJESTIC SQUARE BUILDING,
3RD FLOOR, PARAVATTANI P.O, OLLUKKARA, THRISSUR,
KERALA, PIN - 680655
2 MUNICIPAL CORPORATION OF TRISSUR,
MUNICIPAL OFFICE RD, THRISSUR, KERALA 680001
REPRESENTED BY ITS SECRETARY, PIN - 680001
3 THE SECRETARY, MUNICIPAL CORPORATION OF THRISSUR,
MUNICIPAL CORPORATION OF TRISSUR, MUNICIPAL OFFICE
RD, THRISSUR, KERALA, PIN - 680001
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4
4 JOHNY,
AGED 64, S/O PORINCHU, PROPRIETOR, SHARP METAL
SCRAPS, CHIYYARAM P.O. THRISSUR TALUK, PIN: 680026
RESIDING AT CHOONDAYIL HOUSE, CHIYYARAM P.O.,
THRISSUR TALUK, PIN 680026., PIN - 680026
BY ADVS.
SHRI. SANTHOSH P.PODUVAL, SC-R2 & R3
D.ANIL KUMAR-R4
SRI. T.NAVEEN, SC-R1
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.09.2024, ALONG WITH WP(C).2957/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:71174
WP(C) Nos.2957/2022 &
Connected cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946
WP(C) NO. 5200 OF 2024
PETITIONER/S:
SHERLY SASIDHARAN,
AGED 49 YEARS
W/O.SASIDHARAN, MANAYIL HOUSE,
SEVANA NAGAR, CHIYYARAM.P.O,
THRISSUR DISTRICT, PIN - 680026
BY ADVS.
V.M.KRISHNAKUMAR
P.R.REENA
RESPONDENT/S:
1 THRISSUR CORPORATION,
REPRESENTED BY ITS SECRETARY,
CORPORATION OFFICE, THRISSUR DISTRICT,
PIN - 680001
2 SECRETARY,
THRISSUR CORPORATION, CORPORATION OFFICE,
THRISSUR DISTRICT, PIN - 682001
3 JOHNY,
AGED 65 YEARS
S/O.PORINJU, PROPRIETOR, SHARP METAL SCRAPS,
CHIYYARAM.P.O, THRISSUR DISTRICT, PIN - 680026
4 POLLUTION CONTROL BOARD,
REPRESENTED BY ENVIRONMENTAL ENGINEER,
PARAVATTANI P.O, OLLUKKARA,
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6
THRISSUR DISTRICT, PIN - 680655
BY ADVS.
SHRI. SANTHOSH P.PODUVAL, SC-R1 & R2
D.ANIL KUMAR-R3
SRI. T.NAVEEN, SC-R4
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.09.2024, ALONG WITH WP(C).2957/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:71174
WP(C) Nos.2957/2022 &
Connected cases
7
MOHAMMED NIAS C.P, (J).
--------- --------------
WP(C).Nos.2957 of 2022, 39552 of 2022 &
WP(C).No. 5200 of 2024
-------- ---------------
Dated this the 24th day of September, 2024
JUDGMENT
These Writ Petitions concern the metal scrap business
being done by the petitioner in WP(C). No. 2957/2022. The
connected writ petitions, WP(C).39552/2022 and 5200/2024 were
filed by the party respondents in WP(C).No.2957/2022, against the
running of the metal scrap business in the building bearing No.
XIII/475/2 of Koorkkancherry Panchayath without the requisite
permissions.
2. The learned counsel for the petitioner in
WP(C).No.2957/2022 submits that they have the licence to run the
business. The petitioner filed an affidavit dated 27.08.2024,
stating that they have decided to shift the metal scrap business
from the above premises to elsewhere and removed all the
attending materials from the premises. It is submitted that he is
not using the above premises to conduct the metal scrap business
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now. The statements made in the affidavit are recorded.
Accordingly, given the statements made above, nothing further
remains to be considered in these Writ Petitions.
3. Learned counsel for the petitioner submitted that in
the same premises, he has started a business storing brand new
headlights and tail lamp lights of motor vehicles and allied
accessories. Since the running of such a business is not the
subject matter of any of these Writ Petitions, I am not considering
whether the petitioner is running the business with valid
permission or not. it will be open to the petitioner to run a
business in the premises in question on him obtaining all the
permissions from the statutory authorities. It will also be open to
the party respondents in WP(C). No.2957/2022, who are the writ
petitioners in WP(C). No. 39552/2022 and WP(C).No. 5200/2024 to
question, if any illegal activity is carried on by the petitioner in
W.P.(C) 2957/2022.
4. The second prayer in WP(C).No.5200/2024 is for a
direction to the 2nd respondent Corporation to take action based
on Exts. P4 and P6, the notices issued to the petitioner in W.P.(c)
2957/22 by the Corporation alleging unauthorised construction.
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The learned counsel for the petitioner in WP(C). No.2957/2022
submits that they have already given their reply to Exts.P4 and P6
notices issued by the Corporation. It will be open to the
Corporation to take further action, in accordance with law, with
notice to the parties in WP(C).No.5200/2024.
These Writ Petitions are disposed of accordingly.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
SPV
2024:KER:71174
WP(C) Nos.2957/2022 &
Connected cases
APPENDIX OF WP(C) 2957/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 26/11/2021
ISSUED BY THE ADDL. SECRETARY THRISSUR
CORPORATION.
EXHIBIT P2 TRUE COPY OF THE APPEAL DATED 30/12/2021
FILED BY THE PETITIONER BEFORE THE
RESPONDENT CORPORATION COUNCIL.
EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 30/12/2021
ISSUED BY THRISSUR CORPORATION.
EXHIBIT P4 TRUE COPY OF THE MAHAZAR DATED 18/1/2022
PREPARED BY THE OFFICIALS OF THRISSUR
CORPORATION.
EXHIBIT P5 TRUE COPY OF THE NOTICE RECEIVED FROM
OMBUDSMAN FOR LOCAL SELF GOVERNMENT
INSTITUTIONS IN O.P.NO.197/2021.
EXHIBIT P6 TRUE COPY OF THE CONSENT LETTER DATED
11.2.2022 ISSUED BY THE RESIDENTS OF THE
LOCALITY.
EXHIBIT P7 TRUE COPY OF THE REPLY DATED 1.1.2021
SENT BY PETITIONER TO POLLUTION CONTROL
BOARD.
EXHIBIT P8 TRUE COPY OF THE REPLY DATED 17.3.2021
SENT BY THE PETITIONER TO THE CORPORATION
OF THRISSUR.
EXHIBIT P9 TRUE COPY OF THE OBJECTION DATED
11.10.2020 SUBMITTED BY THE PETITIONER
BEFORE THE SUB DIVISION MAGISTRATE,
THRISSUR.
EXHIBIT P10 TRUE COPY OF THE REGISTRATION DATED
18.9.2019 ISSUED BY THE POLLUTION CONTROL
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BOARD TO THE PETITIONER'S UNIT.
EXHIBIT P11 TRUE COPY OF THE LETTER DATED 20.12.2021
WRITTEN BY THE PETITIONER TO THE
POLLUTION CONTROL BOARD.
EXHIBIT P12 TRUE COPY OF THE ACKNOWLEDGEMENT DATED
2.12.2021 ISSUED BY THE POLLUTION CONTROL
BOARD TO THE PETITIONER.
EXHIBIT P13 TRUE COPY OF THE LETTER DATED 12.7.2022
SENT BY PETITIONER TO THE ENVIRONMENTAL
ENGINEER, POLLUTION CONTROL BOARD.
RESPONDENT EXHIBITS
EXHIBIT R3(T) TRUE COPY OF THE COMPLAINT DTD. 29-08-
2019 PREFERRED BEFORE THE 2ND RESPONDENT.
EXHIBIT R3(U) TRUE COPY OF THE JOINT COMPLAINT DTD. 09-
01-2020 PREFERRED BEFORE THE HEALTH
INSPECTOR.
EXHIBIT R3(V) TRUE COPY OF THE CIRCULAR DTD. 02-05-2018
BEARING NO. P.C.B/T4/115/97 ISSUED BY THE
KERALA STATE POLLUTION CONTROL BOARD.
EXHIBIT R3(W) TRUE COPY OF THE GUIDELINES DTD. 26-10-
2021 & NUMBERED
PCB/HO/SEE-3/TECH/130/2021 ISSUED BY THE
KEARLA POLLUTION CONTROL BOARD.
EXHIBIT R3(X) TRUE COPY OF THE HOSPITAL DISCHARGE
SUMMARY OF THE PETITIONER'S HUSBAND, MR.
KUMARAN SASINDRAN DTD. 19-10-2011.
PETITIONER EXHIBITS
EXHIBIT P14 TRUE COPY OF THE REPORT GIVEN BY THE
QUALITY CONTROL LAB OF KERALA WATER
AUTHORITY, THRISSUR.
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APPENDIX OF WP(C) 39552/2022
PETITIONER EXHIBITS
EXHIBIT P1 PHOTOGRAPHS OF THE 4TH RESPONDENT'S SCRAP
UNIT NEXT TO THE 2ND PETITIONER'S
RESIDENCE.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION
DTD.29.08.2019 PREFERRED BY THE
PETITIONERS AND OTHER RESIDENTS OF SEVANA
NAGAR TO THE MAYOR OF THE 2ND RESPONDENT
CORPORATION
EXHIBIT P3 TRUE COPY OF THE NOTICE DTD. 04.09.2019
ISSUED BY THE HEALTH OFFICER IN CHARGE OF
THE 2ND RESPONDENT CORPORATION
EXHIBIT P4 TRUE COPY OF THE NOTICE DTD.25.10.2019
ISSUED TO THE 4TH RESPONDENT BY THE
HEALTH OFFICER OF THE 2ND RESPONDENT
EXHIBIT P5 TRUE COPY OF THE LETTER DTD.13.03.2020
ISSUED BY THE 1ST RESPONDENT TO THE 4TH
RESPONDENT
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION
DTD.06.07.2020 PREFERRED BY THE 1ST
PETITIONER TO THE 3RD RESPONDENT
EXHIBIT P7 TRUE COPY OF THE PROVISIONAL ORDER
DTD.23.10.2020 ISSUED BY ASSISTANT
ENGINEER
EXHIBIT P8 TRUE COPY OF THE LETTER DTD.16.02.2021
ISSUED BY THE ASSISTANT ENGINEER TO THE
ZONAL HEALTH INSPECTOR OF THE 2ND
RESPONDENT
EXHIBIT P9 TRUE COPY OF THE STATEMENT DTD.09.08.2021
FILED BY THE 3RD RESPONDENT BEFORE THE
OMBUDSMAN FOR LOCAL SELF GOVERNMENT
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EXHIBIT P10 TRUE COPY OF THE LETTER DTD.01.09.2021
NUMBERED PCB/TSR/GEN105/14 ISSUED BY THE
POLLUTION CONTROL BOARD
EXHIBIT P11 TRUE COPY OF THE REPORT DTD.26.07.2021
SUBMITTED BY THE 3RD RESPONDENT BEFORE
THE HON'BLE HUMAN RIGHTS COMMISSION
EXHIBIT P12 TRUE COPY OF THE ORDER DTD.23.11.2021 IN
COMPLAINT NUMBERED HRMP NO.2458/21/TSR OF
THE HON'BLE HUMAN RIGHTS COMMISSION
EXHIBIT P13 TRUE COPY OF THE REPORT DTD.15.01.2022
BEARING NO. OLR6-8480/21 FILED BY THE 3RD
RESPONDENT BEFORE THE OMBUDSMAN FOR LOCAL
SELF GOVERNMENT
EXHIBIT P14 TRUE COPY OF THE ORDER DTD.18.01.2021 IN
OP NO.197/2021 OF THE OMBUDSMAN FOR LOCAL
SELF GOVERNMENT
EXHIBIT P15 TRUE COPY OF THE REGISTRATION CERTIFICATE
ISSUED BY THE 1ST RESPONDENT TO THE 4TH
RESPONDENT'S SCARP UNIT
EXHIBIT P16 TRUE COPY OF THE CIRCULAR DTD.02.05.2018
AND NUMBERED P.C.B./T4/115/97 ISSUED BY
THE KERALA STATE POLLUTION CONTROL BOARD
EXHIBIT P17 TRUE COPY OF THE GUIDELINES
DTD.26.10.2021 & NUMBERED
PCB/HO/SEE-3/TECH/130/2021 ISSUED BY THE
KERALA POLLUTION CONTROL BOARD
EXHIBIT P18 TRUE COPY OF THE REPRESENTATION
DTD.13.10.2022 PREFERRED BY THE
PETITIONERS TO THE ENVIRONMENT ENGINEER
OF THE 1ST RESPONDENT
EXHIBIT P19 TRUE COPY OF THE REPORT DTD. 17.10.2022
SUBMITTED BY THE AE OF THE 1ST
RESPONDENT.
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RESPONDENT EXHIBITS
EXHIBIT-R4(A) TRUE COPY OF THE REPLY DATED 1.1.2021
SENT BY 4TH RESPONDENT TO KERALA STATE
POLLUTION CONTROL BOARD
EXHIBIT-R4(B) TRUE COPY OF THE LETTER DATED 24.11.2022
ISSUED FROM THE POLLUTION CONTROL BOARD
TO THE 4TH RESPONDENT
EXHIBIT-R4(C) TRUE COPY OF THE LETTER DATED 13.12.2022
ISSUED BY 4TH RESPONDENT TO KERALA STATE
POLLUTION CONTROL BOARD
EXHIBIT-R4(D) TRUE COPY OF THE INVOICE DATED 11.10.2022
ISSUED BY TRICHUR CO-OPERATIVE SPINNING
MILLS TO SHARP METAL SCRAPS
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APPENDIX OF WP(C) 5200/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE
NO.OLR/4125/23 ISSUED BY THE EXECUTIVE
ENGINEER, THRISSUR CORPORATION DATED
16.01.2024
EXHIBIT P2 TRUE COPY OF PHOTOGRAPHS SHOWING THE
SCRAP UNIT OF 3RD RESPONDENT IN HIS
PROPERTY
EXHIBIT P3 TRUE COPY OF NOTICE DATED 04.09.2019
ISSUED BY THE 1ST RESPONDENT TO THE 3RD
RESPONDENT
EXHIBIT P4 TRUE COPY OF NOTICE DATED 25.10.2019
ISSUED BY THE 1ST RESPONDENT TO THE 3RD
RESPONDENT
EXHIBIT P5 TRUE COPY OF THE REQUEST SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
DATED 06.07.2020
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 23.10.2020
OF THE ASSISTANT ENGINEER OF THE 1ST
RESPONDENT
EXHIBIT P7 TRUE COPY OF THE PROCEEDING OF ASSISTANT
ENGINEER OLLUR REGION OF 1ST RESPONDENT
CORPORATION DATED 16.02.2021
EXHIBIT P8 TRUE COPY OF THE REPORT OF THE SECRETARY
OF THE 1ST RESPONDENT DATED 26.07.2021
BEFORE THE HUMAN RIGHTS COMMISSION
EXHIBIT P9 TRUE COPY OF ORDER OF HUMAN RIGHTS
COMMISSION DATED 23.11.2021 IN HRMP
NO.2458/11/13/2021/ TSR
EXHIBIT P10 TRUE COPY THE ORDER DATED 18.01.2022 OF
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OMBUDSMAN FOR LOCAL SELF GOVERNMENT
INSTITUTIONS IN COMPLAINT NO.197/2021
EXHIBIT P 11 TRUE COPY OF ORDER OF THE ADDITIONAL
SECRETARY TO THE 1ST RESPONDENT
NO.KKY/PH/5227/2021 DATED 26.11.2021
EXHIBIT P12 TRUE COPY OF THE REGISTRATION LETTER
DATED 18.09.2019 ISSUED BY KERALA STATE
POLLUTION CONTROL BOARD FILE
NO.PCB/TSR/IC/11796/2019
EXHIBIT P13 TRUE COPY OF THE CIRCULAR DATED
02.05.2018 OF KERALA POLLUTION CONTROL
BOARD
