Kerala High Court
T.V.Chandran vs The Revenue Divisional Officer on 17 July, 2014
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 13TH DAY OF MARCH 2017/22ND PHALGUNA, 1938
WP(C).No. 26820 of 2014 (B)
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PETITIONER(S):
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1. T.V.CHANDRAN,
S/O. T.V. VELAYUDHAN,
THOTTIPARAMBIL HOUSE, P.O. CHOVVUR,
AVINISSERY APNCHAYAT, CHERUVATHERY DESOM,
PALISSERY VILLAGE, TRICHUR DISTRICT-680027.
2. P.V. THILAKAN,
PADAYADI HOUSE, P.O. CHOVVUR,
THRICHUR DISTRICT-680027.
3. C.V. RAJESH,
CHERUPARAMBATH HOUSE,
P.O. CHOVVUR, TRICHUR DISTRICT-680027.
BY ADVS.SRI.P.B.SAHASRANAMAN
SRI.T.S.HARIKUMAR
SRI.K.JAGADEESH
RESPONDENT(S):
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1. THE REVENUE DIVISIONAL OFFICER, TRICHUR
PIN-680001.
2. AVINISSERY GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, AVINISSERY,
P.O. CHOVVUR, TRICHUR-680027.
3. THE SECRETARY,
AVINISSERY GRAMA PANCHAYAT, AVINISSERY,
P.O. CHOVVUR, TRICHUR-680027.
4. THE KERALA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS ENVIRONMENTAL ENGINEER,
DISTRICT OFFICE,6TH FLOOR, SUN TOWER,
EAST FORT.P.O., TRICHUR DISTRICT-680005.
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WP(C).No. 26820 of 2014 (B)
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5. MARIYA JOSLIN JOSEPH,
W/O. JOSEPH THOMAS, ST.ANTONYS JWELLERY WORKS,
CHERUVATHERY, RESIDING AT PALLIKKAL HOUSE,
P.O. CHOVVUR, THRISSUR DISTRICT-680027.
R1 BY GOVERNMENT PLEADER SRI. RON BASTIAN
R2-R3 BY ADV. SRI.LINDONS C.DAVIS
R4 BY ADV. SRI. M.AJAY, SC
SRI. T.NAVEEN SC
R5 BY ADV. SRI.G.SREEKUMAR (CHELUR)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 13-03-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C).No. 26820 of 2014 (B)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1. TRUE COPY OF THE RENEWED D & O LICENSE ISSUED BY RESPONDENT
NO.2, DT. 3-2-2014.
TRUE ENGLISH TRANSLATION OF EXT.P1.
P2. TRUE COPY OF THE PETITION FILED BY THE PETITIONERS AND
OTHER RESIDENTS OF WARD NO. 11 AND 12 OF AVINISSERY GRAMA
PANCHAYAT IN CHERUVATHERY AREA DT. 27-9-2014.
TRUE ENGLISH TRANSLATION OF EXT.P2.
P3. TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA WATER
AUTHORITY QUALITY CONTROL SUB DIVISION, THRISSUR WITH
RESPECT TOE WELL WATER OF SOUDAMINI WHO IS THE WIFE OF
PETITIONER NO.1, DT. 25-9-2014.
P4. TRUE COPY OF THE CERTIFICATE ISSUED BY DEPARTMENT OF
CHEMICAL ENGINEERING GOVERNMENT ENGINEERING COLLEGE
TRICHUR, IN THE NAME OF P.V. RAJAN WHO IS THE BROTHER OF
PETITIONER NO.2, DT. 24-9-2014.
P5. TRUE COPY OF THE CERTIFICATE ISSUED BY DEPARTMENT OF
CHEMICAL ENGINEERING GOVERNMENT ENGINEERING COLLEGE
TRICHUR, IN THE NAME OF CHANDRASEKHARAN WHO IS A RESIDENT
ABOUT 50 METERS FROM THE MAIN FACTORY BUILDING DT. 24-9-
2014.
P6. TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA WATER
AUTHORITY QUALITY CONTROL SUB DIVISION, THRISSUR WITH
RESPECT TOE WELL WATER OF RAMESH WHO IS A RESIDENT ABOUT
100 METRES FROM TH MAIN FACTORY BUILDING DT. 27-9-2014.
P7. TRUE COPY OF THE CERTIFICATE ISSUED BY DEPARTMENT OF
CHEMICAL ENGINEERING GOVERNMENT ENGINEERING COLLEGE
TRICHUR, IN THE NAME OF SUSHAMA WHO IS A RESIDENT ABOUT 80
METRES FROM MAIN FACTORY BUILDING DT. 23-9-2014.
P8. TRUE COPY OF THE CERTIFICATE ISSUED BY DEPARTMENT OF
CHEMICAL ENGINEERING GOVERNMENT ENGINEERING COLLEGE
TRICHUR, IN THE NAME OF SUMA K.N. WHO IS A RESIDENT ABOUT
80 METERS FROM THE MAIN FACTORY BUILDING, DT. 23-9-2014.
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WP(C).No. 26820 of 2014 (B)
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P9. TRUE COPY OF THE RESOLUTION UNANIMOUSLY PASSED BY 109
VOTERS OF THE GRAMA SABHA IN WARD NO. XI DT. 9-8-2014 ALONG
WITH THE REQUEST DT. 16-9-2014 TO IMPLEMENT THE RESOLUTION.
TRUE ENGLISH TRANSLATION OF EXT.P9.
P10 TRUE COPY OF THE INSPECTION REPORT OBTAINED UNDER THE
INFORMATION ACT BY THE SON OF THE PETITIONER DATED
17.7.2014
P11 TRUE COPY OF THE REPORT WITH RESPECT TO THE WELL WATER FROM
ONE VASANTHI UDAYADAS AT AVINISSERY GRAMA PANCHAYAT.
P12 TRUE COPY OF THE REPORT WITH RESPECT TO THE WELL WATER FROM
P.V.UNNIKRISHNAN AT AVINISSERY GRAMA PANCHAYAT.
P13 TRUE COPY OF THE REPORT WITH RESPECT TO THE WELL WATER FROM
RAJAN P.V. AT AVINISSERY GRAMA PANCHAYAT.
P14 TRUE COPY OF THE REPORT WITH RESPOECT TO THE WELL WATER
FROM VALSAN C. AT AVINISSERY GRAMA PANCHAYAT.
P15 TRUE COPY OF THE REPORT WITH RESPOECT TO THE WELL WATER
FROM PUBLIC WELL UNDER AVINISSERY GRAMA PANCHAYAT.
P16 TRUE COPY OF THE REPORT WITH RESPECT TO THE WELL WATER
FROM SRI. SURESH CHOVARUVALAPPIL DATED 01.11.2014 AT
AVINISSERY GRAMA PANCHAYAT.
P17 TRUE COPY OF THE SKETCH PLAN SHOWING THE POSITION OF THE
UNIT UN BY RESPONDENT NO.5 AND THE RELATIVE POSITION OF
SOME OF THE RESIDENTIAL HOUSES.
P18 TRUE COPY OF THE ORDER DATED 17.11.2014 ISSUED BY
RESPONDENT NO.1
P19 TRUE COPY OF THE REPORT OF THE ANALYSIS OF WATER BY THE
CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT AND
THE REGIONAL SOIL ANALYTICAL LABORATORY, DATED 3.6.2015
RESPONDENT(S)' EXHIBITS
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ANNEXURE R4(a) TRUE COPY OF CONSENT TO OPERATE ISSUED TO THE
UNIT
ANNEXURE R4(b) TRUE COPY OF THE ANALYSIS REPORT OF WELL WATER
SAMPLES
ANNEXURE R4(C) TRUE COPY OF THE ANALYSIS REPORT OF EFFLUENT
SAMPLES
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WP(C).No. 26820 of 2014 (B)
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EXHIBIT R2(a) TRUE COPY OF MINUTES OF PANCHAYATH COMMITTEE
DATED 4.12.2012
EXT.R5(a) TRUE COPY OF THE CONSENT TO OPERATE EXPANSION
ISSUED BY THE KERALA STATE POLLUTION CONTROL
BOARD, DATED 16.5.2013
EXT.R5(b) TRUE COPY OF THE PHOTOGRAPHS OF THE PREMISES OF
THIS RESPONDENT DATED NIL.
EXT.R5(c) TRUE COPY OF THE PHOTOGRAPHS TAKEN BY THE FIFTH
RESPONDENT DATED NIL.
EXT.R5(d) TRUE COPY OF THE SOIL TEST REPORT ISSUED BY THE
DEPARTMENT OF AGRICULTURE IN 2011
EXT.R5(e) TRUE COPY OF THE DECISION OF THE AVINISSERY
GRAMA PANCHAYATH DATED 16.09.2014
EXT.R5(f) TRUE COPY OF THE REPORT OF THE ENVIRONMENTAL
ENGINEER, DATED 13.11.2014
EXT.R5(g) TRUE COPY OF THE REPORT OF THE R D O, THRISSUR
DATED 17.11.2014
EXT.R5(h) TRUE COPY OF THE STATISTICS PREPARED BY THE
FIFTH RESPONDENT DATED NIL.
EXT.R5(i) TRUE COPY OF THE COMMISSIONER'S REPORT IN O S
NO.7006 OF 2014 ON THE FILE OF THE MUNSIFF
COURT, THRISSUR, DATED 18.11.2014
ANNEXURE R2(a) TRUE COPY OF THE COMPARISON OF PH VALUE OF WELL
WATER SAMPLES
ANNEXURE R2(b) TRUE COPY OF THE ANALYSIS REPORT OF WELL WATER
/TRUE COPY/
P.S. TO JUDGE
SKG
SHAJI P. CHALY, J.
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W.P.(C). No.26820 of 2014
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Dated this the 13th day of March, 2017
JUDGMENT
According to the petitioners, petitioners are persons directly affected by the conduct of an illegal gold processing unit in Sy.Nos.260/4, 260/3, 260/2 and 260/1 of Palissery Village, Ward No.XI of Avinissery Grama Panchayat. Being aggrieved, petitioners have submitted Ext.P2 before the Revenue Divisional Officer viz., the 1st respondent. According to the petitioners, petitioners would be satisfied, if a direction is issued to the 1st respondent to take on board Ext.P2 and consider the same in accordance with law.
2. Learned counsel appearing for the 5th respondent submitted that, even though Ext.P2 is submitted before the 1st respondent, the 1st respondent has transmitted the same to the additional respondent No.6, who is suo motu impleaded today and the 5th respondent has no manner of objection in the additional 6th respondent considering the issue on merits, after providing an opportunity of hearing to the respective W.P.(C). No.26820 of 2014 2 parties.
3. Having Heard learned counsel for the petitioners, learned Government Pleader and learned counsel appearing for 5th respondent, there will be a direction to the additional 6th respondent to take on board Ext.P2 submitted by the petitioners and attain finality to the same within two months from the date of receipt of a copy of this judgment, after providing sufficient opportunity of hearing to the petitioners, 5th respondent or any other interested or affected persons.
4. Learned counsel for 5th respondent submitted that, after filing of this writ petition and filing Ext.P2 petition, there were series of inspections and various reports were drawn. I have no reason to think that, 5th respondent will not take note of such developments occurred during the pendency of this writ petition.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY JUDGE smv 13.03.2017