Kerala High Court
M/S.Conso Feeds vs State Of Kerala on 25 October, 2013
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY,THE 27TH DAY OF JULY2015/5TH SRAVANA, 1937
WP(C).No. 15378 of 2015 (V)
----------------------------------------
PETITIONER(S):
----------------------
M/S.CONSO FEEDS,
EARA PO, NEELAMPEROOR, ALAPPUZHA 686534,
REPRESENTED BY ITS MANAGING PARTNER, SR. SIBI THOMAS,
S/O.K.U.THOMAS, AGED 47 YEARS, RESIDING AT KULANGARA HOUSE,
CHINGAVANAM PO, KOTTAYAM DISTRICT 686531.
BY ADV. SRI.JOBY CYRIAC
RESPONDENT(S):
--------------------------
1. STATE OF KERALA,
REPRESENTED BY ITS HOME SECRETARY,
GOVERNEMENT SECRETARIAT, THIRUVANANTHAPURAM 695001.
2. THE SUPERINTENDENT OF POLICE,
ALAPPUZHA 658001.
3. THE CIRCLE INSPECTOR OF POLICE,
PULINGUNNU 688504.
4. THE SUB INSPECTOR OF POLICE,
EARA POLIE STATION, NEELAMPEROOR, ALAPPUZHA 686534
5. KERALA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS CHIEF ENVIRONMENT ENGINEER,
THIRUVANANTHAPURAM 695001.
6. THE ENVIRONMENT ENGINEER,
DISTRICT OFFICE, ALAPPUZHA 688001.
7. NEELAMPEROOR GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, EARA, ALAPPUZHA 686534.
PJ
....2/-
..2..
WP(C).No. 15378 of 2015 (V)
----------------------------------------
8. SABU NARAYANAN
THAITHARA (H), EARA, NEELAMPEROOR,
ALAPPUZHA 686534.
9. SURESH,
CHAITHRAM (H), EARA, NEELAMPEROOR,
ALAPPUZHA 686534
R1-R4 BY GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR
R6 BY SRI. M.AJAY, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-07-2015,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 15378 of 2015 (V)
-----------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-------------------------------------
P1: A TRUE COPY OF THE ACKNOWLEDGMENT OF REGISTRATION OF FIRMS
DATED 25.10.2013 ISSUED BY THE REGISTRART OF FIRMS
P2: TRUE COPY OF THE ACKNOWLEDGEMENT (PART II) IN FORM NO.214334
DATED 02.12.2014 ISSUED BY THE MANAGER DISTRICT INDUSTRIES CENTRE
ALAPPUZHA
P3: A TRUE COPY OF THE CONSENT ISSUED BY THE KERALA POLLUTION
CONTROL BOARD VIDES ITS CONSENT NO. PCB/ALP/IC-3177/2014 VALID UP
TO 30.09.2017
P4: TRUE COPY OF THE LIENSE NO.AU 757/2015 DATED 18.03.2015 ISSUED BY
THE NILAMBOOR GRAMA PANCHAYTH
P5: A TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICE,
NILAMBOOR VILLAGE
P6: A TRUE COPY OF THE COMPLAINT DATED 24.05.2015 SUBMITTED BEFORE
THE RESPONDENT NO 2 TO 4
P7: TRUE COPY OF THE PROCEEDINGS NO.DMC2-27346/2015 DATED 28/5/15 OF
DISTRICT COLLECTOR ALAPPUZHA
P8(A): TRUE COPY OF THE AUTHORIZATION LETTER ISSUED TO ONE OF THE
SUPPLIER IN THE DISTRICT OF KOLLAM
P8(B): THE TRUE COPY OF THE AUTHORIZATION LETTER ISSUED TO ONE OF THE
SUPPLIER IN THE COMPANY IN THE DISTRICT OF ALAPPUZHA
P9: TRUE COPY OF THE COMPLAINT DATED 29/5/15 PREFERRED BEFORE THE SI
OF CHINGAVANAM POLICE STATION
P9(A): TRUE COPY OF THE RECEIPT ISSUE FROM THE CHINGAVANAM POLICE
STATION
P10: A TRUE COPY OF THE COMPLAINT DATED 10/6/15 FORWARDED TO THE DGP
KERALA STATE
P11: A TRUE COPY OF THE LETTER DATED 25/2/15 ISSUED BY R6
P12: TRUE CPY OF THE LETTER DATED 28/5/15
P13: THE TRUE COPY OF THE LETTER NO.PCB/ALP/UCO-3561/14 DATED 20/6/15
P14: TRUE COPY OF THE COMPLIANCE REPORT T PCB VIDES ITS LETTER
NO.CF/L/2015-16/28 DATED 16/7/15
PJ
....2/-
..2..
WP(C).No. 15378 of 2015 (V)
-----------------------------------------
P15: TRUE COPY OF THE PHOTOGRAPHS OF THE VEHICLE PROVIDED FOR THE
PURPOSE OF TRNSPORTATION OF CHICKEN WASTE/RAW-MATERIAL
RESPONDENT(S)' EXHIBITS
---------------------------------------
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
ASHOK BHUSHAN, CJ
& A.M.SHAFFIQUE, J.
* * * * * * * * * * * * *
W.P.C.No.15378 of 2015
----------------------------------------
Dated this the 27th day of July 2015
J U D G M E N T
Shaffique, J Petitioner is a partnership firm which has a unit dealing in high quality chicken meal protein and chicken oil which are the essential ingredients in formulated dog food, fish feed and poultry feed. Petitioner submits that they have all the necessary permission for carrying out all the activities and consent has already been obtained from the Pollution Control Board.
2. Complaint of the petitioner is regarding the obstruction being created by certain people in the locality including respondents 8 and 9 who do not permit the petitioner to transport raw materials from various places to the factory premises.
3. During the pendency of this writ petition, we have issued a direction to the police to ensure maintenance of law and order. We have also directed the Pollution Control Board to give suggestive measures to ensure that the raw materials are being brought without any pollution to the people in the locality during W.P.C.No.15378/2015 2 transportation. Pollution Control Board has suggested certain measures by which petitioner had been asked to provide closed containers for transportation of the materials.
4. Learned counsel appearing for the petitioner submits that they have complied with the said directions and now transportation is being done in closed containers.
5. Having regard to the aforesaid submissions, we are of the view that if there is any further obstruction from the private respondents or any other person, on the complaint of the petitioner, police shall look into the matter and do the needful.
Writ petition is disposed of accordingly.
(sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr W.P.C.No.15378/2015 3 W.P.C.No.15378/2015 4