Kerala High Court
Safiya K vs Valanchery Muncipality Represented By ... on 13 March, 2025
WP(C) NO. 27065 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 13TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946
WP(C) NO. 27065 OF 2024
PETITIONER:
SAFIYA K ,
AGED 57 YEARS
D/O KUTTIALI, NELLIYALIL HOUSE, CHOTTUR,
ATHAVANAD(PO),MALAPPURAM DIST, PIN - 676552
BY ADVS.
M.DEVESH
M.ANUROOP
MURSHID ALI M.
RESPONDENTS:
1 VALANCHERY MUNCIPALITY
REPRESENTED BY ITS SECERTRY,
MUNCIPLAL OFFICE,VALANCHERY ,(PO),
MALAPPURAM DIST, PIN - 676552
2 MUHAMMED NIZAR,
PROPRIETOR,SHAWAI SPOT,VALANCHERY
(PO),MALAPPURAM DIST, PIN - 676552
3 THE SECERTARY ,
KERALA STATE POLLUTION CONTROL BOARD,
MALAPPURAM DISTRUICT, PIN - 676503
4 GENERAL MANAGER ,
DISRTCT INDUSTRES OFFICE,TIRUR,
MALAPPURAM MANJERI ROAD, UP HILL,
MALAPPURAM, PIN - 676503
BY ADVS.
MILLU DANDAPANI
WP(C) NO. 27065 OF 2024
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K.RAKESH
OTHER PRESENT:
SRI.T.NAVEEN, SC, SMT.SURYA BINOY, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27065 OF 2024
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MOHAMMED NIAS C.P., J
=========================
W.P(C) No. 27065 of 2024
=========================
Dated this the 13th day of March, 2025
JUDGMENT
The petitioner seeks implementation of Ext.P4 order passed by the
Municipality dated 28.06.2024 directing the 2 nd respondent to close the
restaurant run by her on the ground that the restaurant was being run
without a licence, that there were no measures taken for the disposal of the
waste and that the restaurant is functioning in an unauthorised shed.
Though Ext.P4 was passed on 28.06.2024, the 2 nd respondent did not stop
running the restaurant which made the petitioner file this writ petition on
25.07.2024.
2. A counter affidavit has been filed by the 1st respondent
Municipality stating that the inspection by the Junior Health Inspector
confirmed that the water in the petitioner's well was polluted and that a
licence was not issued to the 2 nd respondent for running her establishment.
The Municipality even then did not take any steps to close down the
establishment and instead held that the inspection was inconclusive in
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determining whether the septic and sewage collection system of the 2 nd
respondent establishment was directly responsible for the contamination of
the petitioner's well. Though the Municipality issued a notice to the 2 nd
respondent on 02.07.2024 directing them to produce the consent letter from
the Pollution Control Board or to close down the restaurant within 7 days,
the 2nd respondent replied on 18.07.2024 seeking time to comply with the
requirements instead of submitting the necessary licences.
3. Despite the above, the Municipality took no steps to implement
Ext.P4. After issuance of Ext.P4 the Municipality again on 02.07.2024
directed the Engineering Department to submit a detailed report on the
construction, sewage and septic tank installations of the 2 nd respondent. It is
strange to note that despite the passing of Ext.P4 order and despite the 2 nd
respondent not having the required licences, the Municipality took no steps
to close down the restaurant, caring little about the health hazards or the
safety of the Public.
4. The actions of the Municipality clearly show that the
Municipality is not aware of the permissions/licences required to start a
restaurant and also as to how they have to enforce the order of closure. The
2nd respondent was permitted to run the restaurant even without the
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requisite licence and the excuse seems to be the repeated issuance of
notices after the issuance of the closure order. The present stand of the
Municipality is that since the 2nd respondent has obtained a certificate of
acknowledgment from the District Industries Centre, Ext.R1(k) dated
11.09.2024 almost three months after Ext.P4, no further action to close down
need be taken.
4. A report has been filed by the Pollution Control Board which
reads as follows;
" During the inspection, the complainant informed that
his well situated about 3 to 4 meter away from the 4th respondent
restaurant was contaminated after digging of a bore well in the 4th
respondent restaurant. The restaurant of the 4th respondent is
having seating capacity of 80 Numbers and is operating without
obtaining Integrated Consent to Operate from the Board. It is
further submitted that the restaurant of the 4th respondent is
having temporary waste water treatment facility with, oil, grease
trap and leach pit, which is not sufficient. The Sewage generated
from the unit was found to be disposed through septic tank. Food
waste from the unit is disposed through pig farm and plastic waste
from the unit is disposed through harithakarmasena members of
the Municipality. Distance to the contaminated well of the
petitioner was around 16m away from the septic tank of the 4th
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respondent restaurant and also the Complainant's septic tank was
also seen to be located around 11m away from the contaminated
well."
5. The Pollution Control Board also submits that water sample
taken from the contaminated well shows parameters like Turbidity, Iron,
total coliforms and faecal coliforms are found above the desirable limits.
The presence of coliforms in the well water sample as per the analysis
report indicates the possible contamination due to sewage and unscientific
waste water disposal. That apart, the Pollution Control Board also issued a
notice to the 2nd respondent on 11.09.2024 directing her to obtain integrated
consent to operate from the Board and also to construct a scientific waste
treatment system for proper water management and specifically directing
that the unit shall not be operated without obtaining the integrated consent
to operate from the board. This was communicated to the 2 nd respondent
through Annexure R3(c) on 11.09.2024. The Pollution Control Board also
submits that though the 2nd respondent had applied for integrated consent
to operate on 27.08.2024, the same can only be considered after the
direction issued by the Board is complied with.
6. Under such circumstances, the 2 nd respondent shall not be
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allowed to run the restaurant ignoring the decisions of the PCB and
exposing the public to risks besides the difficulties to the petitioner. The
laxity on the part of the 1 st respondent not taking appropriate steps after
the issuance of Ext.P4 is clear.
7. Accordingly, it is ordered that the 2nd respondent shall be
allowed to run by the restaurant only after it obtains the integrated consent
to operate from the Pollution Control Board and after the 2 nd respondent
complies with the conditions imposed by the Pollution Control Board. There
will be a direction to respondents 1, 3, and 4 to ensure forthwith that the 2 nd
respondent does not carry on any business of running a restaurant without
getting permission referred to above.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
LU
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APPENDIX OF WP(C) 27065/2024
PETITIONER EXHIBITS :
EXHIBIT P1 THE TRUE COPY OF THE ACKNOWLEDGEMENT DATED
10/06/2024 IN APPLICATION NUMBER PGRG-
00014390-2024 ISSUED TO THE PETITIONER
EXHIBIT P2 THE TRUE COPY OF THE LAB RESULT DATED
08/06/2024 FROM E-LAB
EXHIBIT P3 COMPLAINT TO THE POLLUTION CONTROL BOARD
ALLEGING THE SAME ISSUE AND THE TRUE COPY OF
THE COMPLAINT DATED NIL
EXHIBIT P4 THE TRUE COPY THE ORDER NO 1398449-2024 DATED
28/06/2024 BY THE 1ST RESPONDENT
RESPONDENT EXHIBITS :
EXHIBIT R1(A) THE TRUE COPY OF THE INSPECTION REPORT DATED
20.06.2024 FROM THE JUNIOR HEALTH INSPECTOR,
VALANCHERY MUNICIPALITY HEALTH DEPARTMENT, IS
PRODUCED AND MARKED HEREWITH AS EXHIBIT
R1(A).
EXHIBIT R1(B) THE TRUE COPY OF THE 2ND RESPONDENTS
APPLICATION DATED 29.06.2024 IS PRODUCED AND
MARKED AS EXHIBIT R1(B).
EXHIBIT R1(C) THE TRUE COPY OF THE NOTICE BEARING NO
1398449-2024 DATED 02.07.2024 IS PRODUCED AND
MARKED HEREWITH AS EXHIBIT R1(C).
EXHIBIT R1(D) THE TRUE COPY OF THE 2ND RESPONDENT'S REPLY
DATED NIL RECEIVED ON 18.07.2024 IS PRODUCED
AND MARKED AS EXHIBIT R1(D).
EXHIBIT R1(E) THE TRUE COPY OF THIS NOTE BEARING NO
1398449-2024 DATED 2.07.2024 IS PRODUCED AND
MARKED AS EXHIBIT R1(E).
EXHIBIT R1(F) TRUE COPY OF THE REPORT DATED 12.07. 2024 IS
PRODUCED AND MARKED AS EXHIBIT R1(F)
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EXHIBIT R1(G) TRUE COPIES OF THE LETTER DATED 02.07.2024
PRODUCED AND MARKED AS EXHIBIT R1(G)
EXHIBIT R1(H) TRUE COPIES OF THE LETTER DATED 22.07.2024
ARE PRODUCED AND MARKED AS EXHIBIT R1(H)
EXHIBIT R1(I) TRUE COPIES OF THE LETTER DATED 14.08.2024
BEARING NO 1398449-2024 ARE PRODUCED AND
MARKED AS EXHIBIT R1(I),
EXHIBIT R1(J) THE TRUE COPY OF THE FINAL NOTICE DATED
14.08.2024 IS PRODUCED AND MARKED AS EXHIBIT
R1(J)
EXHIBIT R1(K) THE TRUE COPY OF THE CERTIFICATE OF
ACKNOWLEDGMENT ISSUED TO THE 2ND RESPONDENT
BY THE DISTRICT INDUSTRIES CORPORATION
BEARING NO. KLMSME-14891/2024 DATED
11.09.2024 IS PRODUCED HEREWITH AND MARKED AS
EXHIBIT R1(K).
ANNEXURE R3(A) TRUE COPY OF THE CIRCULAR NO.
PCB/T4/115/97(B) DATED 25-8-2020 ISSUED BY
THE POLLUTION CONTROL BOARD.
ANNEXURE R3(B) TRUE COPY OF THE ANALYSIS REPORT NO. CW24/24
DATED 4-10-2024 ISSUED BY THE POLLUTION
CONTROL BOARD.
ANNEXURE R3(C) TRUE COPY OF THE LETTER NO. PCB/MLPM/COMP-
TIR/2020 DATED 11-9-2024 ISSUED BY THE
POLLUTION CONTROL BOARD.
EXHIBIT R2(A) A TRUE COPY OF THE ACKNOWLEDGMENT CERTIFICATE
DATED 11-9-2024 ISSUED BY THE DEPARTMENT OF
INDUSTRIES AND COMMERCE
EXHIBIT R2(B) TRUE COPY OF THE DEEMED LICENSE DATED, 20-9-
2024 ISSUED UNDER SECTION 10 OF THE KERALA
INDUSTRIAL SINGLE WINDOW CLEARANCE BOARDS AND
INDUSTRIAL TOWNSHIP DEVELOPMENT AREA ACT,
EXHIBIT R2(C) TRUE COPY OF THE LICENSE ISSUED UNDER FSS ACT
DATED 11-9-2024 TO THIS RESPONDENT
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EXHIBIT R2(D) A TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER BEFORE POLLUTION CONTROL BOARD
FOR CONSENT
EXHIBIT R2(E) TRUE COPY OF THE PAYMENT RECEIPT ISSUED BY
PCB DATED 5-7-2024 SHOWING REMITTANCE OF
RS.12,600/-
EXHIBIT R2(F) TRUE COPY OF THE UDYAM REGISTRATION
CERTIFICATE SHOWING REGISTRATION ON 14-8-2024
ISSUED BY THE MINISTRY OF MICRO, SMALL AND
MEDIUM ENTERPRISES
// True Copy // PA To Judge
