Kerala High Court
Unknown vs By Advs.Sri.P.Samsudin on 15 March, 2016
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 20TH DAY OF FEBRUARY 2018 / 1ST PHALGUNA, 1939
WP(C).No. 7831 of 2016 D
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PETITIONER(S)
BEERAN HAJI
S/O.AHAMMED KUTTY, PUZHAKKALTHODI HOUSE,
MYTHRA, AREACODE, MALAPPURAM DISTRICT.
BY ADVS.SRI.P.SAMSUDIN
SRI.M.S.MOHAMMED ANSARY
SRI.JITHIN LUKOSE
SRI.RAJU JOSEPH (SR.)
RESPONDENT(S):
1. ALI AKBAR
S/O.ABDUL RAHMAN, ODUNGADAN HOUSE,
MYTHRA, URNGATIRI - 673 645, ERNAD TALUK,
MALAPPURAM DISTRICT.
2. ABDUL AZEEZ
S/O.ABDUL RAHMAN, ODUNGADAN HOUSE, MYTHRA, URNGATIRI -
673 645, ERNAD TALUK, MALAPPURAM DISTRICT.
3. SHARAF ALI
S/O.MOHAMMED, KARUPARAMBAN HOUSE, HOUSE, MYTHRA,
URNGATIRI - 673 645, ERNAD TALUK, MALAPPURAM DISTRICT.
*4. SOMAN NAIR
UNNIMURA, URNAGTIRI 673 645, ERNAD TALUK, MALAPPURAM
DISTRICT.
(*4TH RESPONDENT IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 15.03.2016 IN
I.A NO.3388/2016)
5. MOHAMMED FASAL
S/O.HANEEFA, KARUPARAMBAN HOUSE,
MYTHRA VENNILAPARAMBA 673 645, MALAPPURAM DISTRICT.
6. SUB INSPECTOR OF POLICE
ARECODE, ARECODE P.O. 673 645, MALAPPURAM DISTRICT.
7. DEPUTY SUPERINTENDENT OF POLICE
MALAPPURAM, MALAPPURAM P.O. 676 505, MALAPPURAM DISTRICT.
WPC.NO.7831/2016 ::2::
8. DISTRICT POLICE CHIEF
MALAPPURAM P.O. 676 505, MALAPPURAM DISTRICT.
9. STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE HOME DEPARTMENT,
GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM 695 001.
ADDL.R10 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, PERINTHALMANNA ROAD, MALAPPURAM 676 505
(ADDL.R10 IS IMPLEADED AS PER ORDER DATED 28.03.2016 IN I.A NO.4062/2016)
ADDL.R11 THE SECRETARY URNGATIRI GRAMA PANCHAYAT
URNGATIRI 673 645, MALAPPURAM DISTRICT
ADDL.R12 URNGATIRI GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY
URNGATIRI 673 645 MALAPPURAM DISTRICT
(ADDL.R11 AND 12 ARE IMPLEADED VIDE ORDER DATED 20.02.2018 IN I.A.
NO.10819/2016)
R1,R2,R3 & 5 BY ADV. SRI.P.C.SASIDHARAN
R1,R2,R3,R&5 BY ADV. SRI.E.S.ASHRAF
R6-R9 BY ADV. STATE ATTORNEY SRI K V SOHAN
R6-9 BY GOVERNMENT PLEADER SRI P P THAJUDDIN
RADDL.R10 BY ADV. SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD
R10 BY ADV. SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-02-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 7831 of 2016 (D)
APPENDIX
PETITIONER(S)' EXHIBITS
P1: TRUE COPY OF THE RECEIPT FOR PAYMENT OF LICENSE FEE DATED 9/3/2001 (ALONG
WITH ENGLISH TRANSLATION)
P2: TRUE COPY OF THE PANCHAYAT LICENSE DATED 23/7/2008 (ALONG WITH ENGLISH
TRANSLATION
P3: TRUE COPY OF THE RECEIPT FOR PAYMENT OF LABOUR TAX DATED 9/3/2001 (ALONG
WITH ENGLISH TRANSLATION)
P4: TRUE COPY OF THE PANCHAYAT LICENSE DATED 29/5/2015, 29/5/2015 (ALONG WITH
ENGLISH TRANSLATION)
P5:TRUE COPY OF THE CONSENT DATED 21/5/2015, SIGNED BY 95 PERSONS RESIDING
NEARBY THE BUSINESS PREMISES OF THE PETITIONER (ALONG WITH ENGLISH
TRANSLATION)
P6: TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE POLLUTION CONTROL
BOARD
P7: TRUE COPY OF THE REGISTRATION UNDER THE KVAT ACT
P8: TRUE COPY OF THE REPLY DATED 23/6/2015 GIVEN BY THE DMO TO THE COMPLAINT
MADE BY 1ST RESPONDENT (ALONG WITH ENGLISH TRANSLATION)
P9: TRUE COPY OF THE LETTER DATED 24/6/2015 BY THE PANCHAYATR (ALONG WITH
ENGLISH TRANSLATION)
P10: TRUE COPY OF THE MEMO DATED 29/6/2015 ISSUED BY THE POLLUTION CONTROL
BOARD (ALONG WITH ENGLISH TRANSLATION)
P11: TRUE COPY OF THE COMPLAINT DATED 7/7/2015 AND RECEIPT
P12: TURE COPY OF THE JUDGMENT DATED 19/8/2015 IN WPC NO.20907/2015 OF THIS
HON'BLE COURT
P13:TRUE COPY OF THE CONSENT TO OPERATE DATED 14/10/2015
P14: TRUE COPY OF THE COMPLAINT DATED 25/2/2016 SUBMITTED BY THE PETITONER
BEFORE THE 6TH RESPONDENT (ALONG WITH ENGLISH TRANSLATION)
P15: TRUE COPY OF THE FIR IN CRIME NO.92/2016 OF ARECODE POLICE STATION (ALONG
WITH ENGLISH TRANSLATION)
P16: TRUE COPY OF THE SANITORY CERTIFICATE DT 01.03.2016 ISSUED BY HEALTH
INSPECTOR COMMUNITY HEALTH CENTRE, VETTILAPPARA
P17: TRUE COPY OF THE APPLICATION FOR RENEWAL OF LICENSE AND ITS RECEIPT DT
27.02.2016
P18: TRUE COPY OF THE INTERIM ORDER DT 04.04.2016 IN WPC NO. 13018/2016
P19: TRUE COPY OF THE ORDER DT 02.03.2016 ISSUED BY THE HUMAN RIGHTS
COMMISSION
P20: TRUE COPY OF THE COMPLAINT DT 02.06.2016 AND THE FIR IN CRIME NO. 318/2016
OF ARECODE POLICE STATION.
P21: TRUE COPY OF THE COMPLAINT DT 03.06.2016 SUBMITTED BEFORE THE POLICE
P:22: TRUE COPY OF THE ORDER DT 13.07.2016 IN IA NO. 1194/2016 IN APPEAL
641/2016 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS.
WP(C).No. 7831 of 2016 (D)
RESPONDENTS EXHIBITS:
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EXT.R1(a): TRUE COPY OF THE COMMUNICATION ISSUED TO THE WRIT PETITIONER WHICH
THE PETITIONER GOT FROM THE PANCHAYAT
EXT.R1(b): TRUE COPY OF THE APPLICATION FOR LICENCE
EXT.R1(c): TRUE COPY OF THE LICENCE WHICH THE PETITIONER OBTAINED
EXT.R1(d): TRUE COPY OF THE ORDER UNDER SECTION 133 OF CR.PC DIRECTING TO CLOSE
DOWN THE UNIT OR TO SHIFT THE PROCESSING UNIT
RESPONDENTS ANNEXURES:
----------------------
ANNEXURE R10(A): TRUE COPY OF ICO NO.PCB/CO/3694/15 DATED 21.05.2015
ANNEXURE R10(B): TRUE COPY OF THE COMPLAINT NO. NIL DT 02.06.2015
ANNEXURE R10(C): TRUE COPY OF THE LETTER NO. 1144254 DATED 29.06.2016
ANNEXURE R10(D): TRUE COPY OF THE REPLY NO. NIL DT 07.07.2015
ANNEXURE R10(E): TRUE COPY OF THE REPLY NO.NIL DT 21.07.2015
ANNEXURE R10(F): TRUE COPY OF THE ICE NO. PCB/CE/1217/15 DATED 14.10.2015
ANNEXURE R10(G): TRUE COPYOF THE ICO NO. PCB/CO/4905/15 DATED 11.12.2015
ANNEXURE R10-A: TRUE COPY OF THE ANALYSIS REPORT OF THE SAMPLES COLLECTED FROM
02.06.2016 TO 04.06.2016
ANNEXURE R10-B: TRUE COPY OF THE SCHEDULE VII OF THE ENVIRONMENT PROTECTION
RULES 1986
TRUE COPY
P.A TO JUDGE
jma
K. Vinod Chandran & Ashok Menon, JJ
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W.P(C) No.7831 of 2016
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Dated this the 20th day of February, 2018
JUDGMENT
K. Vinod Chandran, J The petitioner was concerned with the working of his arecanut garbling unit. The residents of the locality were protesting against the same, on allegation of pollution occasioned. The Pollution Control Board has filed a report stating that the unit is being carried on in accordance with the consent obtained from the Pollution Control Board.
2. When the writ petition was admitted, there was a police protection granted. The learned Senior Counsel appearing for the petitioner submits that as of now there is no problem. The residents of the locality however, submits that the licence issued to the petitioner is challenged. Suffice it to notice that there can be no WPC.No. 7831/2016 :2: physical obstruction caused to the unit on allegations of pollution. If the challenge against the licence is successful, necessarily, appropriate action should be taken by the local authority. As long as the petitioner's unit is carried on with proper permission and sanctions, none could take law into their hands to obstruct the carrying on of the unit. If any complaint is received as to any obstruction caused, the police shall immediately act to avert the same.
Writ petition is disposed of, without any observation on the licence or permit granted to the petitioner's unit. No costs.
Sd/-
K. Vinod Chandran, Judge Sd/-
Ashok Menon, Judge jma