Kerala High Court
Reji vs State Of Kerala on 29 January, 2019
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY ,THE 29TH DAY OF JANUARY 2019 / 9TH MAGHA, 1940
WP(C).No. 25278 of 2017
PETITIONER:
REJI
AGED 48 YEARS, RESIDING AT PUTHAYATH
HOUSE,KRISHNAGIRI P.O, MEENANGADI,
WAYANAD - 673 591.
BY ADV. SRI.S.VASUDEVAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY,SECRETARIAT,
THIRUVANANTHAPURAM-
2 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY,DEPARTMENT OF
AGRICULTURE, SECRETARIAT,THIRUVANANTHAPURAM-695001
3 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY,DEPARTMENT OF
INDUSTRIES, SECRETARIAT,THIRUVANANTHAPURAM-695001
4 THE CHAIRMAN KERALA POLLUTION CONTROL BOARD
PATTAM, THIRUVANANTHAPURAM.
5 THE ENVIRONMENTAL ENGINEER
KERALA POLLUTION CONTROL BOARD,SREENIVASA AYYER ROAD,
NEAR CMS COLLEGE,KOTTAYAM -686 001.
6 KURICHI GRAMA PANCHAYATH
REP.BY ITS SECRETARY, KURICHI GRAMA
PANCHAYATH,KOTTAYAM -686 532.
7 K.P.R. AGROCHEM LTD.
(FORMERLY KNOWN AS KPR FERTILIZERS LTD),
DOOR NO.8-256, TATA NAGAR,BALABADRAPURAM-533 343,
BICCAVOLU MANDAL,EAST GODAVARI DISTRICT, ANDHRA
PRADESH,REP. BY ITS CEO.533343
WP(C).No. 25278 of 2017 2
8 K.P.R. AGROCHEM LTD.
(FORMERLY KNOWN AS KPR FERTILIZERS LTD),BUILDING
NO.328B-328-A, KOIPPILLY BUILDING,OLD M.C.ROAD,
KURICHI P.O, KOTTAYAM,REP. BY ITS MANAGER - 688009.
BY ADVS.
R7 & R8 BY SRI.JAMES KURIAN
R6 BY SRI.M.P.MADHAVANKUTTY
R4 & R5 BY SRI. T.NAVEEN SC, KERALA STATE POLLUTION
CONTROL BOARD,
R1 TO R3 BY SMT.RAJI.T.BHASKAR,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
29.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 25278 of 2017 3
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:
i) To issue a writ of mandamus or any other appropriate writ, order or direction to 2 nd and 4th respondents to verify the chemical composition of the production of the 7th respondent Company which is distributed through 8th respondent.
ii) Direct the 6th respondent to dispose of Ext.P3 representation within a time frame.
iii) Direct the 3rd respondent to take steps to stop issuance of the fertilizers containing hazardous chemicals of the 7th and 8th respondents.
iv) Direct the 4th & 5th respondents to report the environment pollution caused by the fertilizers of 7th & 8th respondents.
v) Any other appropriate order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
2. According to the petitioner, petitioner is a social worker and leader of a political party. On receiving complaints regarding pesticides and fertilizers manufactured by the 7th respondent distributed through its branch 8th respondent, petitioner enquired about the WP(C).No. 25278 of 2017 4 product of the 7th respondent company and found that it is a substandard product and various dangerous solvents are being used by the 7th respondent without disclosing it in the label. It is also the case of the petitioner that, the products manufactured by the 7th respondent is harmful to human beings as well as dangerous to the environment. Other contentions are also raised.
3. A detailed counter affidavit is filed by respondents 1 & 2 and in paragraph 4 & 5 it is stated as follows;
"4. Department of Agriculture Development and Farmers' Welfare is the State Agency authorized to enforce all the regulations on fertilizers and pesticides as per the Acts, Rules and Orders specified above. Department has established a stringent mechanism for the quality control of fertilizers and pesticides. Technically qualified officers in the Agriculture Department are designated as Fertilizer/Insecticide. Inspectors and they take statutory samples from dealers for quality analysis of insecticides distributed in the State in the laboratories established under the department. The Department had established a State Pesticide Testing Laboratory at Parottukonam, Thiruvananthapuram for carrying out quality analysis of insecticides by qualified Insecticide Analysts and two Fertilizer Quality Control Laboratories for quality analysis of WP(C).No. 25278 of 2017 5 fertilizers at Parottukonam in Thiruvananthapuram and Pattambi, Palakkady districts.
5. It is submitted that, Agriculture Department is also the authorized agency for issuing license/registration for the manufacture, distribution and sale of fertilizers and insecticides in the State, Insecticide Licenses are issued on many conditions and one of the conditions is that the applicant should have the required technical qualification or should employ a person possessing the required qualifications. M/s.K.P.R.Agro Chem is an Insecticide Wholesale Dealer having License for the distribution, stock, sale and exhibition for sale of insecticides in Kerala as per License No.Pd 6/2012 issued by the State Licensing Officer (Joint Director of Agriculture - Plant Protection) for their premise in Kurichy Grama Panchayat Kottayam District. They have employed a Technical person as stated in the license. True copy of the license No.PD 6/2012 is produced herewith and marked as Exhibit R1(a)."
4. Respondents 7 & 8 have also filed a detailed counter affidavit stating that, the products are manufactured by them and against which there were certain complaints and consequently they have withdrawn the same from the market and all the products now supplied by respondents 7 & 8 are in accordance with the standard specifications provided for manufacture of pesticides. Pollution Control Board has also filed a report before WP(C).No. 25278 of 2017 6 this court stating that initially respondents 7 & 8 did not have any licence, however, later they have submitted an application and now PCB has issued a consent to operate, valid upto 30.9.2020.
5. I have heard respective counsel across the Bar and perused the pleadings and documents on record.
6. The relief sought for by the petitioner makes it clear that, in order to identify the standard or any dangerous solvent used in the fertilizers or pesticides, necessary authority under law will have to take a decision. From the counter affidavit filed by the State Government, it is evident and clear that, there is an institution conducted by the State Government at Thiruvananthapuram, which can undertake such process. Taking into account all these aspects and the importance of the matter, if the petitioner is aggrieved, petitioner will be at liberty to produce any suitable products manufactured by respondent No.7 before the competent authority under the Agriculture Department specified in the counter quoted above and if any such products are produced, I have no reason to think that, the authority will not take any action in accordance with law. If the products are found to be substandard, or any dangerous WP(C).No. 25278 of 2017 7 solvents are used to manufacture the pesticides or fertilizers, the authorities are at liberty to take appropriate action in accordance with law.
With these observations, this writ petition is disposed of.
Smv Sd/-
29.1.2019
SHAJI P.CHALY
JUDGE
WP(C).No. 25278 of 2017 8
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED
9.6.2017 TO 5TH RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED
9.6.2017 TO 4TH RESPONDENT
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED
9.6.2017 TO 6TH RESPONDENT
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED
25.6.2017.