Kerala High Court
Satheesh Kumar vs Kerala State Pollution Control Board on 31 March, 2026
{[WP(C) Nos.
arp
2OZ6: KER: 29009
34637/2025, 43822/2025]
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 3157 DAY OF MARCH 2026 / 10TH CHAITHRA, 1948
WP{C) NO. 34637 OF 2025
PETITIONER:
STRAT ZATNULABDEEN,
AGED 61 YEARS
S/O. ZAINULABDEEN, SIRAJ BHAVAN, JAMEELA RUBBER ESTATE,
ELAMBA P.0., VALAKKADU, ATTINGAL, THIRUVANANTHAPURAN,
PIN ~- 695103
BY ADVS.
DR.SEBASTIAN CHAMPAPPILLY
SMT.JULIA PRIYA RESHMY
RESPONDENTS 3
i
KERALA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS MEMBER SECRETARY, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
THE CHIEF ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,
THIRUVANANTHAPURAM, PATTOM, THIRUVANANTHAPURAM, PIN ~-
695004
DEPARTMENT OF MINING AND GROLOGY,
REPRESENTED BY ITS DIRECTOR, KESAVADASAPURAM,
THIRUVANANTHAPURAM, PIN - 695004
SATHEESH KUMAR,
AGED 55 YEARS
S/O. SIVASANKARAN NAIR, PROPRIETOR, NANMA MANUFACTURED
SAND AND READY-MIX UNIT, JAMEELA RUBBER ESTATE, ELAMBA
P.O., MUDAKKAL PANCHAYATH, EDAKKODU VILLAGE,
[WP(C) Nos.34637/2025, 43822/2025]
2
CHIRAYINKEEZHU TALUK, VALAKKADU, ATTINGAL,
THIRUVANANTHAPURAM, PIN ~ 695103
BY ADVS.
GOVERNMENT PLEADER
SRI.M.R.SARIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2026, ALONG WITH WP(C) .43822/2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2026: KER: 2900
[WP(C) Nos.34637/2025, 43822/2025]
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE. HONOURABLE MR,.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 31°" pay oF MARCH 2026 / LOTH CHAITHRA, 1948
PETIT
WP(C) NO. 43822 OF 2025
SATHEESH KUMAR,
AGED 54 YEARS, S/OSIVASANKARAN NAIR
PUTHOORAM, VELLANCHIRA, VETTAMPALLY,: PANAVOOR.P,O,
PANAVOOR VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM,
PIN - 695568
BY ADV SRI.M.R.SARIN
RESPONDENTS:
1
KERALA STATE POLLUTION CONTROL BOARD,
PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY THE CHIEF
ENVIRONMENTAL ENGINEER, PIN - 695004
THE CHIEF ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,
PLAMOODU JUNCTION, PATTOM.P.O, THIRUVANANTHAPURAM, PIN
- €95004
DEPARTMENT OF MINING AND GEOLOGY,
REPRESENTED BY ITS DIRECTOR, KESAVADASAPURAM,
THIRUVANANTHAPURAM, PIN - 695004
SIRAJ ZATNULABDEEN,
AGED 61 YEARS
SIRAJ BHAVAN, JAMEELA RUBBER ESTATE, BHLAMBA.P.O,
VALAKKADU, ATTINGAL, THIRUVANANTHAPURAM, PIN - 695103
BY ADVS.
DR.SEBASTIAN CHAMPAPPILLY
[WP(C) Nos.34637/2025, 43822/2025)
4
DR.ABRAHAM P .MEACHINKARA
SRI.P.A.SAINUDEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2026, ALONG WITH WP(C) .34637/2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
[WP(C) Nos.34637/2025, 43822/2025]
5
JUDGMENT
Both the learned counsel appearing for the parties would submit that the matter has been settled in the mediation.
Report of the mediator also received...
In the circumstances, these Writ Petitions are closed in the light of the settlement arrived at between the parties in the mediation. Mediation agreement will form part of this judgment.
Sd/-
C. JAYACHANDRAN JUDGE SAS 2026: KER: 29009 [WP(C}) Nos.34637/2025, 43822/2025] 6 APPENDIX OF WP(C) NO. 34637 OF 2025 PETITIONER'S EXHIBITS Exhibit P-1 Exhibit P-2 Exhibit P-3 Exhibit P-4 Exhibit P-5 Exhibit P-6 Exhibit P-7 Exhibit P-8 Exhibit Pg RESPONDENT ANNEXURES Annexure: Ri ta} Annexure Ri (b) Annexure Ri (c) Annexure Ri (d) Annexure R1i{e) TRUE COPY OF THE LEASE DEED DATED 04-05-2015 TRUE COPY OF THE NOTICE ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 25-02- 2025 TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE ADMINISTRATIVE OFFICER OF THE IST RESPONDENT DATED 09-05-2025 TRUE COPY OF THE LAWYER NOTICE SERVED ON THE ADMINISTRATIVE OFFICER OF THE 15ST RESPONDENT DATED 09-08-2025 TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE 1ST AND 2ND RESPONDENTS DATED 22-08-2025 TRUE COPY OF REPRESENTATION GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT DATED 07-05- 2025 TRUE COPY OF THE LAWYER NOTICE DATED 18-07- 2025 TRUE COPY OF REPRESENTATION GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT DATED 30-08- 2025 TRUE COPY OF THE COMMISSION REPORT DATED 07~ 10-2025 SUBMITTED BEFORE THE SUB COURT, ATTINGAL IN 0.5. NO. 90 OF 2025 True copy of the Consent te Establish No. PCB/TVM~-DO/ICE/MSD/746/2014 dated 11-2-2014 issued by the Pollution Control Board.
True copy of the Circular No. PCB/TAC/BM- 168/671/2009 dated 8-2-2010 issued by the Pollution Control Board.
True copy of the Consent Refusal Intention Notice, File No. PCB/TVM-DO/ICE/CH2~-215/2013 dated 5-9-2016 issued by the Pollution Control Board.
True copy of the Consent to Operate No. PCB/TVM~-DO/ICO/MSD/525/2016 dated 6-10-2016 -- issued by the Pollution Control Board.
True copy of the Integrated Consent to [WP(C} Nos.34637/2025, 43822/2025] Annexure Annexure Annexure Annexure Annexure Annexure Annexure Annexure ANNexure RICE) R1 (gq) Ri (h) R1 (4) Ri (3) R1 (k) Ri {1l) Ri (m) R1 (mn) 7 Operate ~Renewal No. PCB/TVM~DO/ICO (R) /473/2019 dated 28-6-2019 issued by the Pollution Control Board.
True copy of the Integrated Consent to Operate (Renewal) No. KSPCB/TV/1ICO/10073450/2024 dated 26-12-2024 issued by the Pollution Control Board.
True copy of the Lease Agreement executed on 4-5-2015.
True copy of the Lease Agreement executed on 11-99-2018.
True copy of the Consent to Esdtablish No. PCB/TVM-DO/ICE/NRM/220/2019 dated 14-5-2019 issued by the Pollution Control Board.
True copy of the Circular No. PCB/T4/115/97(3} dated 31-8-2016, regarding the categorization of Ready-Mix Plant to green category, issued by the Pollution Control Board.
True copy of the Lease Agreement executed on 20-2-2020.
True copy of the Complaint dated 17-11-2025 received against the Unit.
True copy of the Consent Revocation Intention Notice, File No. PCBDIM/1637/2025-EE, CRIN No. 55/2025, dated 20-11-2025 issued by the Pollution Control Board.
True copy of the Consent Revocation Order, File No. PCBDIM/1637/2025-EE, CRO No.18/2025, dated 10-12-2025 issued by the Pollution Control Board.
2026: KER: 29009 [WP(C) Nos.34637/2025, 43822/2025]) 8 APPENDIX OF WP(C) NO. 43822 OF 2025 PETITIONER'S EXHIBITS Exhibit Pl THE TRUE COPY OF THE LEASE AGREEMENT BETWEEN THE PETITIONER AND THE 4TH RESPONDENT DATED 4,05.2015 Exhibit P2 THE TRUE COPY OF LEASE AGREEMENT DATED 25.02.2025 Exhibit P3 THE TRUE COPY OF THE PLAINT IN 0.5 NO 322/2025 ON THE FILES OF MUNSIFF COURT, ATTINGAL DATED. 4.07.2025 Exhibit P4 THE TRUE COPY OF THE ORDER IN I.A 2/2025 IN 0.8 NO 322/2025 OF MUNSIFF''S COURT, ATTINGAL DATED 7.07.2025 Exhibit P5 THE TRUE COPY OF E-COURTS PROCEEBDINGS IN 0.5 322/2025 Exhibit P6é | THE TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE~RENEWAL ISSUED BY THE IST RESPONDENT TQ THE PETITIONER DATED 26.12.2024 Exhibit P7 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2 ND RESPONDENT ON 15.07.2025 Exhibit P8 THE TRUE COPY OF THE ONLINE APPLICATION RECEIPT FILED BY THE PETITIONER BEFORE THE 1 ST RESPONDENT DATED 23.07.2025 Exhibit P9 THE TRUE COPY OF THE REJECTION LETTER ISSUED BY THE 1 ST RESPONDENT TO THE PETITIONER DATED 20.08.2025 Exhibit Pio THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2 ND RESPONDENT ON 18-11-2025 Exhibit Pil THE TRUE COPY OF THE O.S NO 90/2025 FILED BY THE 4TH RESPONDENT HEREIN BEFORE THE SUBORDINATE JUDGES COURT, ATTINGAL DATED 20.09.2025 Exhibit P12 THE TRUE COPY OF THE LICENSE ISSUED BY THE SECRETARY OF MUDAKKAL GRAMA PANCHAYATH DATED 20.08.2025 RESPONDENTS' EXHIBITS Exhibit R-4 (a) True copy of the consent No. PCB/TVM-DO/ICE/NRM/220/2019 dated 14-05-2019 issued by the Kerala State Pollution Control Board 2026: KER: 29009 [WP(C) Nos.34637/2025, 43822/2025] Exhibit R-4 (b) Exhibit R-4(c) Exhibit R~-4 (d) Exhibit R-4(e) Exhibit R-4 (£) 3 True copy of the request given by the Petitioner to the ist Respondent dated 06-12- 2024 True copy of the representation given by the Petitioner to the ist Respondent dated 15-07- 2025 True copy of the Application preferred by the Petitioner before the ist Respondent dated 21-07-2025 True copy of the Consent Revocation Intention Notice issued by the Ist Respondent to the Petitioner dated 20-11-2025 True copy of order passed by the Environmental Engineer, Kerala State Pollution Control Board, Thiruvananthapuram in File No. PCBDIM/1637/2025-EE dated 11-12- 2025 with CRG No. 18/2023 HIGH COURT MEDIATION CENTRE (2nd floor above SB, High Court Bullding} EMC/Reg No. ...... Dated ess .
From The Nodal Officer, High Court Mediation Centre Ernakulam, Kochi-31, Ph:0484-2562238,
-E Mail- [email protected].
The Registrar Gudicial) High Court of Kerala, Ernakulam, Sir, Sub: Mediation of case referred by the Hon'ble High Court of Kerala - . reg.
N 3 o C oD Ref: Referral Order in....... pt! eee 4839 oes, ple 428B20 aoe ¥ dated Qh, o... of the Hon'ble High. Court of Kerala.
eK On eC a 20 ot 0 eC ae
-{|-am to forward herewith Report of the Mediator. in the matter along with the enclosures for information and necessary action.
. oS Yours Faithfully, butts " _--s"
| Nodal Officer, High Court Mediation Centre High Court of Kerala.
Encl : 1. Report of the Mediator, Settlement Agreement. BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM W.P. (C). No. 34637 of 2025 & W.P. (C). No. 43822 of 2025 Siraj Zainulabdeen - Petitioner/4th respondent Kerala State Pollution Control Board & Others ~ Respondent/Respondent REPORT SUBMITTED BY THE MEDIATOR Mediated. The matter is settled. Settlement agreement is attached herewith. Dated this the 9th day of March , 2026 en dy, A.R.George Mediator High Court Mediation Centre BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM W.P. (C). No. 34637 of 2025 & W.P. (C). No. 43822 of 2025 Siraj Zainulabdeen - Petitioner/4th respondent Kerala State Pollution Control Board & 3 Ors, ~ Respondent/Respondent MEDIATED SETTLEMENT AGREEMENT (Under Rule 24 of the Civil Procedure [ADR] Rules, 2008) The dispute covered in the above case was referred for Court annexed mediation and was mediated by Mr. A.R. George, Advocate and accredited trained mediator and parties have agreed to settle the dispute as under:
Ziraj Zainulabdeen is the petitioner in WP(C) No.34637 of 2025 and he is the 4"
respondent in WP(C) No.43822 of 2025, Satheeshkumar is the petitioner In WP(C) No.43822/2025 and Ziraj Zainulabdeen is the 4 respondent in WP(C) No.43822/2025. Both the contesting parties Zira] Zainulabdeen and Satheeshkumar in the above cases have agreed to settle the issues on the following terms and conditions:~ ~
1. PAYMENT OF RENTAL ARREARS:- The 4° Respondent admits rental arrears of €9,00,000/- (Rupees Nine Lakhs only). However, by way of concession from the part of the Petitioner, the parties agree to settle the arears fixed as %6,00,000/- (Rupees six lakh only), to be paid by the 4" respondent(Satheeshkumar) in three instalments as follows:-
a, %2,00,000/- on or before 10" May 2026. b. ¥2,00,000/- on or before 10" July 2026. Cc. %2,00,000/- on or before 2" September 2026. In the event of default of any instalment, Clause No. 1 will operate as an independent executable decree for which the Petitioner in WP(C) Na.34637/2025 shall be at liberty to approach this Hon'ble Court for appropriate orders.
2. TIME FOR REMOVAL OF MACHINERIES -- M-SAND UNIT:- The Petitioner grants six (6) months' time to the 4° Respondent, in WP(C) No.34637/2025, up to 02-09-2026, to dismantle and remove all machineries, equipments, fixtures and installations relating to the M-Sand Unit from the leased out property as per the lease deed dated 04-05-2015. The said six-month period ts granted without payment of rent as an act of goodwill by the Petitioner.
Petitioner/ath Respondent- 4th Respondent/Petitioner Con at ges ays Oe
-- 4 7 co DAD FES Ziraj Zainulabdeen Pf .. Satheeshkuumar wa ¢ , o "
f (2)
3. HANDING OVER OF VACANT POSSESSION:- The 4" Respondent shall hand over absolute vacant possession of the leased out property as per the lease deed dated 04-05-2015 to the Petitioner on or before 02-09-2026. The 4™ Respondent shall ensure removal of all structures, machineries, fixtures and installations connected with the M-Sand Unit.
4. REMOVAL OF SLURRY, WASTE AND DEBRIS:- The 4° Respondent shall remove all slurry waste, debris and dumped materials from the leased premises of the property leased out for the operation of M-Sand Unit as per the lease deed dated 04-05-2015, the leased premises of the property leased out for the operation of Ready-Mix Plant Unit as per the lease deed dated 20-02-2020, and also from the adjoining property belonging to the Petitioner in Re-survey No. 155/6 of Edakkodu Village, Mudakkal Panchayath, on or before 10-05-2026. Failure to comply shall entitle the Petitloner to seek appropriate directions from this Hon'ble Court.
5. The 4° Respondent agrees to remove all the waste from the Ready-Mix Plant dumped in the Petitioner's property covered in Re-Survey No. 155/6 of Edakkodu Village on or before 10-05-2026. The Petitioner agrees to withdraw all the complaints given before the Pollution Control Board or any other authority in respect of the functioning of the Ready-Mix Plant provided the 4" Respondent complies with all the statutory requirements for abating pollution and removes the waste generated from Ready-Mix Plant and dumped into the property of the Petitioner within a period of two months from teday. On such removal of the waste and on payment of arrears of rent and surrender of vacant possession of the property where the M-Sand unit is established, the Petitioner shall give his consent for further operation of the Ready-Mix Plant as required by authorities. The Petitioner shall not prefer any further complaint regarding the continued operation of the Ready-Mix Plant, if the 4 Respondent complies with the statutory requirements.
6. WITHDRAWAL OF PENDING CASES:- The 4° Respondent agrees to withdraw W.P. (C) No. 43822 of 2025 pending before the Hon'ble High Court of Kerala as per the terms and conditions of this agreement. Both the Petitioner and the 4" Respondent agree to withdraw O.S. No. 322 of 2025 pending before the Hon'ble Munsiff Court, Attingal and O.S. No. 90 of 2025 pending before the Hon'ble Sub Court, Attingal, subject to compliance of terms by the 4" Respondent as stated in this settlement agreement.
Pecmn Petitioner/4th Respondent- Ath Respondent/Petitioner SAGE "
of ie "ath ae Pane e & Ziraj Zainulabdeen, 7 Satheeshkumar J Got.
pore cr However, such withdrawal of 0.8. No. 90 of 2025 shall be made only after 02-09- 2026 on compliance of the terms by the 4" Respondent. In the event of non- compliance with the terms of this agreement by the 4" Respondent, the Petitioner shall be entitled to continue te prosecute O.S. No. 90 of 2025 on the file of the Hon'ble Sub Court, Attingal. If the petitioner violates any of the terms of the agreement the 4° respondent will be at Hberty to proceed with O.S No,322/2025 now pending before Munsiff Court, Attingal.
7. CLEARANCE OF LIABILITIES:- The 4" Respondent shall clear all liabilities arising from the use and occupation of the premises leased out to M-Sand Unit up to 02-09-2026, including Electricity charges, Water charges, other utility charges, Government dues and Statutory liabilities before the said date of 02-09- 2026. Proof of clearance shall be furnished before handing over possession.
8. NON-TRESPASS AND NON-WASTE UNDERTAKING:- The 4° Respondent undertakes not to trespass upon or cause any waste, nuisance, dumping, pollution or disturbance to the adjoining properties of the Petitioner The 4"
Respondent shall not interfere with the quiet and peaceful enjoyment and possession of the Petitioner over the leased and adjoining properties of which the Petitioner is the absolute owner.
9. CONSENT FOR READY MIX PLANT:- The Petitioner agrees to give consent for operation of the Ready Mix Plant for the remaining lease period as per the registered lease deed dated 20-02-2020 subject to compliance of the above terms and absolutely restraining from further dumping of waste in any form into the adjoining properties of the Petitioner and compliance with environmental and _ statutory norms.
10. POLLUTION CONTROL MEASURES:- The 4" Respondent agrees to erect tin sheet enclosures covering the Ready Mix Plant on all sides to prevent dust particles from spreading into adjoining property. The 4" Respondent shall ensure no pollution or nuisance is caused henceforth. The 4° Respondent shall clear all liabilities arising from the use and occupation of the premises leased out to Ready- Mix Unit up to 20-02-2030, including Electricity charges, Water charges, other utility charges, Government dues and Statutory liabilities before the said date of 20- 02-2030. Proof of clearance shall be furnished before handing over possession.
11. EXPIRY OF READY MIX LEASE:- The lease agreement in respect of the Ready Mix Plant shall automatically expire by efflux of time on 20-02-2030 as per the registered lease deed dated 20-02-2020. The Petitioner declares that the lease shall not be extended or renewed under any circumstances. The 4° Respondent agrees for the same and promises to vacate the premises and hand over the vacant possession on or before 20-02-2030 after removing all machinery, equipment and fixtures installed therein.
Petitioner/4th Respondent- 4th Respondent/Petitioner al ' "
x ra Ah) Le f Ziraj Zainulabdeen - ce une Satheeshkumar wa
12. LIBERTY TO APPROACH COURT:- In the event of failure or breach of any term of this Settlement Agreement, either party shall be at liberty to approach the Hon'ble High Court of Kerala for appropriate orders and directions as deemed fit in the interest of justice.
13. FINALITY:- This Settlement Agreement fully resolves all disputes between the parties subject to compliance with the above terms. The terms of this agreement shall be treated as a decree capable of execution.
14. Respendent Nos.i to 3 in WP(C) Nos. 34637 &43822 of 2025 are preforma parties to this terms of settlement, and hence they need not be signatories to this terms of settlement.
Hence, this Hon'ble Court, may kindly be pleased to dispose of the above case by recording this settlement agreement as part of the judgment.
Dated this the 9" day of March, 2026.
Petitioner/4th Respondent- Ath Respondent/Petitiones, . am Oe he Ziraj Zainulabdeen Ot or Satheeshkumar --~ Dr.Sebastian Champappilly, Counsel for the petitioner in WP(C) No.34637/2025 and for Respondent No.4 in in WP(C) No.43822/20205 aoe ae KEE M. RS: Sarin, ait for the petitioner in WP(C) No.43822/2025 and for Respondent No.4 in WP(C) No.34637/2025 This settlement agreement is authenticated by me.
Adv.A.R George (3 (Medianfiy