Kerala High Court
Ebi K.R vs Shamnad on 4 January, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 20179 OF 2015 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 4TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945
WP(C) NO. 20179 OF 2015
PETITIONER/S:
EBI K.R.
AGED 35 YEARS
S/O.P. RAJU, KUNNIKUZHI PUTHEN PURACKAL, MANGARAM,
PANDALAM P.O., PATHANAMTHITTA - 689 501.
BY ADV SRI.SAKIR.K.H.
RESPONDENT/S:
1 SHAMNAD
S/O. SIRAJUDEEN RAWTHER, NALUTHUNDATHIL VEEDU,
MANGARAM, PANDALAM P.O, PATHANAMTHITTA - 689 501.
2 PANDALAM GRAMA PANCHAYATH
PANDALAM P.O., PATHANAMTHITTA - 689 501,
REPRESENTED BY ITS SECRETARY.
3 THE CHAIRMAN
POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM.
4 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT
OFFICE, KUNNITHOTTATHIL BUILDING, OPPOSITE GENERAL
HOSPITAL, PATHANAMTHITTA - 689 645.
BY ADVS.
SRI.K.R.RADHAKRISHNAN NAIR
SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL
BOARD,
SRI. T.NAVEEN , SC, KERALA STATE POLLUTION CONTROL
BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.01.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 20179 OF 2015 2
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.(C.) No. 20179 of 2015
--------------------------------------
Dated this the 4th day of January, 2024
JUDGMENT
This writ petition (civil) is filed with following prayers :
"(i) To issue an order or direction, commanding the respondents 1 and 2 to stop the fish stall conducted by them at Kunnikkuzhi junction, Pandalam, Pathanamthitta District.
ii) To issue a writ of mandamus or any other appropriate writ, order direction, commanding the 3rd respondent to direct the 1st and 2nd respondents to stop the fish stalls conducted by the 1st and 2nd respondent at Kunnikkuzhi junction, Pandalam, Pathanamthitta District.
iii) To issue a writ of mandamus or any other appropriate writ, order direction, commanding the 3rd respondent to consider Exhibit complaint and pass orders on it in an expeditious manner.
iv) To declare that the fish market functioning at Kunnikkuzhi junction, Pandalam causes high degree of pollution causing health hazard to the peoples in the locality.
v) Any other reliefs which may be prayed for from time to time, in the interest of justice." [SIC]
2. A counter is filed by the respondent Nos. 4 and 5. It WP(C) NO. 20179 OF 2015 3 will be better to extract para Nos. 3 and 4 of the counter.
"3. Later the Secretary Pandalam Grama Panchayat, vide letter dated 24.08.2015 reported that, they have provided drainage system in the market and the waste water discharge issue had been solved. Also reported that this is an existing fish market & activity in the market is from 5 pm to 7 pm only. Also enclosed a resolution dated 31.07.2015, in which the Panchayat decided not to stop the operation of the market as the problems raised by the complaints had been solved. A true copy of the resolution is attached and marked as ANNEXURE R5 3. The report from the Secretary was forwarded to the complainant on 19.09.2015.
4. Based on the writ petition before the Honourable High Court, enquiry was again conducted on 22.10.2016. During the inspection, it is noticed that the fish market is shifted to the opposite side of the road, away from the petitioner's residence and a drainage system with concrete lid provided for waste water discharge. Solid waste including fish waste was seen dumped near the premises. Since the direct discharge of waste water in to the drainage is not scientific, directions were issued to the local body to provide septic tank facility of adequate capacity to dispose the waste water in a scientific manner and to provide scientific waste disposal facilities for solid waste generated. Also directed that sign boards may installed cautioning the public against dumping of waste in the area. true copy of the same is attached and marked as ANNEXURE R5-4.
It is respectfully submitted that the Board has responded immediately to the complaints of the petitioner and necessary WP(C) NO. 20179 OF 2015 4 directions were issued to the 3rd respondents (now Municipality) in time. If the 3rd respondent will fully comply with the directions of the Board, the nuisance caused due to the functioning of the market will be minimized."
3. From the above counter, it is clear that the Pollution Control Board has taken necessary steps and issued necessary directions to the party concerned to see that there is no pollution. Moreover, the fish market is shifted to the other side of the road from the petitioner's house. In the light of the same and in the light of the averments in the counter, nothing survives in this case.
Recording the counter affidavit, this writ petition (c) is closed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 20179 OF 2015 5 APPENDIX OF WP(C) 20179/2015 PETITIONER EXHIBITS EXHIBIT-P1-TRUE COPY OF THE COMPLAINT DATED 29/01/2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT-P2-TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT.
EXHIBIT-P3-TRUE COPY OF THE REPLY DATED 22/04/2015 ISSUED BY THE IST RESPONDENT TO THE PETITIONER.
EXHIBIT-P4-TRUE COPY OF THE REPORT DATED 05/06/2015 SUBMITTED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT WITH COPY TO THE PETITIONER.
EXHIBIT-P5-TRUE COPY OF THE PUBLIC NOTICE DATED 06/06/2015 ISSUED BY THE IST RESPONDENT.