Kerala High Court
V.A Azad vs Kerala State Human Rights Commission on 7 February, 2025
2025:KER:11260
W.P(C)Nos.37044 & 40283 of 2016
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
FRIDAY, THE 7TH DAY OF FEBRUARY 2025 / 18TH MAGHA, 1946
WP(C) NO.37044 OF 2016
PETITIONER:
V,A.AZAD, KUMBALATH HOUSE, PANAYIKULAM, ALANGAD,
ALUVA - 683 551, MANAGING PARTNER, M/S.AARON
INTERNATIONAL, INDUSTRIAL DEVELOPMENT PLOT, KAPPUR,
OTTAPALAM.
BY ADV SRI.ABDUL RAOOF PALLIPATH
SMT. SOORYA KADAVATH
RESPONDENTS:
1 KERALA STATE HUMAN RIGHTS COMMISSION
REPRESENTED BY ITS REGISTRAR PMG JUNCTION,
TRIVANDRUM - 695 033.
2 E.GOPALAKRISHNAN, PRESIDENT, THRITHALA CONSTITUENCY
DALIT CONGRESS COMMITTEE, KOOTTANAD, ANAKKARA,
PALAKKAD - 679 551.
3 DISTRICT MEDICAL OFFICER
OFFICE OF THE DISTRICT MEDICAL OFFICER,
PALAKKAD - 676 505
4 ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT
OFFICE, PALAKKAD, 678 001.
5 THE SECRETARY
KAPPOOR GRAMA PANCHAYATH, THRITHALA P.O.,
PALAKKAD - 673 594.
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W.P(C)Nos.37044 & 40283 of 2016
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6 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
SRI.T.NAVEEN, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.02.2025, ALONG WITH WP(C).40283/2016, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:11260
W.P(C)Nos.37044 & 40283 of 2016
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
FRIDAY, THE 7TH DAY OF FEBRUARY 2025 / 18TH MAGHA, 1946
WP(C) NO. 40283 OF 2016
PETITIONER:
V.A AZAD
KUMBALATH HOUSE, PANAYIKULAM, ALANGAD, ALUVA-683551
MANAGING PARTNER, M/S.AARON INTERNATIONAL
INDUSTRIAL DEVELOPMENT PLOT, KAPPUR, OTTAPALAM.
BY ADV SRI.ABDUL RAOOF PALLIPATH
SMT.SOORYA KADAVATH
RESPONDENTS:
1 KERALA STATE HUMAN RIGHTS COMMISSION
REPRESENTED BY ITS REGISTRAR, PMG JUNCTION,
TRIVANDRUM-695033
2 E.GOPALAKRISHNAN
PRESIDENT, THRITHALA CONSTITUENCY DALIT CONGRESS
COMMITTEE, KOOTTANAD, ANAKKARA, PALAKKAD-679551
3 DISTRICT MEDICAL OFFICER
OFFICE OF THE DISTRICT MEDICAL OFFICER,
PALAKKAD-676505
4 ENVIRONMENT ENGINEER
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT
OFFICE, PALAKKAD-678001
5 THE SECRETARY,KAPPOOR GRAMA PANCHAYATH, THRITHALA
P.O., PALAKKAD-673 594
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W.P(C)Nos.37044 & 40283 of 2016
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6 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001
BY ADVS.
SRI.G.KRISHNAKUMAR
SMT.M.L.REMYA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.02.2025, ALONG WITH WP(C).37044/2016, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
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W.P(C)Nos.37044 & 40283 of 2016
5
JUDGMENT
Dated this the 07th day of February, 2025
Nitin Jamdar, C.J.
Heard Ms.Soorya Kadavath, learned counsel for the Petitioner.
2. On 26 November 2024, the following order was passed in
W.P(C)No.37044 of 2016 :
"Heard Mr.Abdul Raoof Pallipath, learned counsel for the
Petitioner.
2. The learned counsel for the Petitioner seeks time
to take instructions as to whether the Petitioner is interested
in prosecuting the writ petition further.
3. Stand over to 4 February 2025. In case the
petition is to be contested, the translation of the relevant
documents be provided."
3. The learned counsel for the Petitioner reports no instructions.
4. The Writ Petitions are accordingly dismissed for non-prosecution.
Sd/-
Nitin Jamdar
Chief Justice
Sd/-
Syam Kumar V.M.
Judge
vgd/07.02.25
2025:KER:11260
W.P(C)Nos.37044 & 40283 of 2016
APPENDIX OF WP(C) 37044/2016
PETITIONER EXHIBITS
EXT.P1 TRUE COPY OF THE LETTER DATED 5/2/2007
ISSUED BY THE GENERAL MANAGER, PALAKKAD
DISTRICT INDUSTRIAL SINGLE WINDOW
CLEARANCE BOARD.
EXT.P2 TRUE COPY OF THE LICENSE DATED 23/2/2007
ISSUED BY THE SECRETARY KAPPUR GRAMA
PANCHAYATH
EXT.P3 TRUE COPY OFF THE INTEGRATED CONSENT DATED
30/12/2013 ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD
EXT.P4 TRUE COPY OF THE REGISTRATION CERTIFICATE
DATED 7/10/2015 ISSSUED BY THE KERALA STAE
POLLUTION CONTROL BOARD
EXT.P5 TRUE COPY OF THE INSPECTION REPORT DATED
8/3/2016 SUBMITTED BY THE 3RD RESPONDENT
EXT.P6 TRUE COPY OF THE ORDER DATED 22/7/2016 OF
THE 1ST RESPONDENT
EXT.P7 TRUE COPY OF THE HAZARDOUS WASTE MANIFEST
ISSUED TO THE PETITIONER DATED 10/8/2016
EXT.P8 TRUE COPY OF THE REPORT OF THE IMPACT
(STUDY OF THE FACTORY CONDUCTED BY
DR.N.CHANDRAMOHANA KUMAR OF COCHIN
UNIVERSITY OF SCIENCE AND TECHNOLOGY
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W.P(C)Nos.37044 & 40283 of 2016
APPENDIX OF WP(C) 40283/2016
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LETTER DATED 05.2.2007 ISSUED BY
THE GENERAL MANAGER, PALAKKAD DISTRICT
INDUSTRIAL SINGLE WINDOW CLEARANCE BOARD
EXHIBIT P2 TRUE COPY OF THE LICENSE DATED 23.02.2007 ISSUED
BY THE SECRETARY , KAPPUR GRAMA PANCHAYATH
EXHIBIT P3 TRUE COPY OF THE INTEGRATED CONSENT DATED
30.12.2013 ISSUED BY THE KERALA STATE POLLUTION
CONTROL BOARD
EXHIBIT P4 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED
07.10.2015 ISSUED BY THE KERALA STATE POLLUTION
CONTROL BOARD
EXHIBIT P5 TRUE COPY OF THE INSPECTION REPORT DATED
08.03.2016 SUBMITTED BY THE 3RD RESPONDENT
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 22.7.2016 OF THE 1ST
RESPONDENT
EXHIBIT P7 THE INTERIM ORDER DATED 21.11.2016 IN
WP(C)37044/2016 OF HIGH COURT OF KERALA
EXHIBIT P8 TRUE COPY OF THE CLOSURE ORDER DATED 31.10.2016
ISSUED BY THE 4TH RESPONDENT
EXHIBIT P9 TRUE COPY OF HAZARDOUS WASTE MANIFEST ISSUED TO
THE PETITIONER DATED 10.8.2016
EXHIBIT P10 THE TRUE COPY OF THE REPORT OF THE IMPACT STUDY
OF THE FACTORY.
EXHIBIT P11 THE TRUE COPY OF THE TEST REPORTS OF AMBIENT AIR
QUALITY DATED 3.12.2016
EXHIBIT P12 THE TRUE COPY OF THE TEST REPORTS OF STACK
EMISSION, DATED 3.12.2016
EXHIBIT P13 THE TRUE COPY OF THE TEST REPORTS OF AMBIENT
SOUND LEVEL DATED 3.12.2016
