Kerala High Court
Ranjin Das vs Tahsildar on 30 January, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 30TH DAY OF JANUARY 2024 / 10TH MAGHA, 1945
WP(C) NO. 10366 OF 2016
PETITIONER:
RANJIN DAS
S/O.HARIDASAN, AGED 33 YEARS,
MANAGING PARTNER, COLLAGEN MARINE PRODUCTS,
VALANTHODE, KOODARANJI, KAKKADAM POYIL, CHALIYAR,
MALAPPURAM DISTRICT - 673 604.
BY ADVS.
SRI.SANTHARAM.P
SMT.REKHA ARAVIND
RESPONDENTS:
1 TAHSILDAR
TALUK OFFICE, NILAMBUR,
MALAPPURAM DISTRICT -679 329.
2 VILLAGE OFFICER
VILLAGE OFFICE, AKAMPADAM,
MALAPPURAM DISTRICT - 679 329.
3 ENVIRONMENTAL ENGINEER
REGIONAL OFFICE, KERALA STATE POLLUTION CONTROL
BOARD, KOZHIKODE
4 CHALIYAR GRAMAPANCHAYATH
REPRESENTED BY ITS SECRETARY, CHALIYAR,
P.O.ERANHIMANGAD, MALAPPURAM DISTRICT- 679 329.
BY ADVS.
SRI.NAVEEN.T (SC) POLLUTION CONTROL BOARD
SMT. RESHMI THOMAS (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.10366/2016
-:2:-
JUDGMENT
The petitioner had approached this Court being aggrieved by the fact that the 2nd respondent (Village Officer) had issued Ext.P5 order directing the petitioner to immediately stop the functioning of the factory of the petitioner.
2. It is the case of the petitioner that, the petitioner had commenced the business of production of fish meal and fish oil after setting up a factory for the same and after obtaining all permissions in accordance with the law, including clearance from the State Pollution Control Board. It is submitted that the 2nd respondent has no authority in law to issue a prohibitory order in the nature of Ext.P5 to the factory which is functioning strictly in accordance with the law and after obtaining all necessary licenses and permissions including from the local authority and from the Pollution Control Board.
3. This writ petition was admitted on 17-03-2016 W.P.(C) No.10366/2016 -:3:- and an interim order was granted staying Ext.P5. The interim order was extended from time to time and continues to be in force even today.
4. The learned counsel appearing for the petitioner would submit that even today the factory of the petitioner is functioning with all necessary permissions including a current 'consent to operate' from the State Pollution Control Board.
5. Despite service of notice there is no appearance for the 4th respondent.
6. Heard the learned Government Pleader and the learned counsel appearing for the State Pollution Control Board.
7. Having heard the learned counsel for the petitioner, learned Government Pleader and the learned counsel appearing for the State Pollution Control Board, I am of the view that there is considerable merit in the contention taken by the learned counsel for the petitioner that the Village Officer has no authority to issue a prohibitory order in the nature of Ext.P5 in respect of a W.P.(C) No.10366/2016 -:4:- factory that is functioning with all necessary permissions including license from the local Panchayat and 'consent to operate' from the State Pollution Control Board. No provision of law under which the Village Officer could issue an order in the nature of Ext.P5 has been pointed out.
Therefore, this writ petition will stand allowed. Ext.P5 will stand quashed. It is directed that, if the factory of the petitioner is functioning with all necessary permissions, in accordance with the law, including license from the local Panchayat and also 'consent to operate' from the State Pollution Control Board and if the petitioner is complying with all the conditions imposed while granting license/consent to operate, the functioning of the factory of the petitioner shall not be interfered with.
Sd/-
GOPINATH P. JUDGE ats W.P.(C) No.10366/2016 -:5:- APPENDIX OF WP(C) 10366/2016 PETITIONER'S EXHIBITS EXHIBIT P1- TRUE COPY OF THE CONSENT TO OPERATE DATED 9.7.2015 ISSUED BY THE 3RD RESPONDENT HAVING VALID TILL 15.4.2018 EXHIBIT P2- TRUE COPY OF TH D& O LICENSE DATED 22.7.2015 ISSUED BY THE 4TH RESPONDENT PANCHAYATH EXHIBIT P3- TRUE COPY OF THE CERTIFICATE FOR USE OF BOILER DATD 15.10.2015 ISSUED BY KERALA BOILER INSPECTION DEPARTMENT EXHIBIT P4- TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 6.7.2015 OBTAINED FROM THE FIRE AND RESCUE DEPARTMENT EXHIBIT P5- TRUE COPY OF THE PROHOBITORY ORDER DATED 1.3.2016