Kerala High Court
Rajeevan K vs *[Purmeri Grama Panchyath on 26 March, 2025
W.P.(c.).No. 33370 of 2023
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2025:KER:29768
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947
WP(C) NO. 33370 OF 2023
PETITIONERS:
1 RAJEEVAN K
AGED 54 YEARS
S/O. BALAN NAIR, SOPANAM, AROOR, PURAMERI,
KOZHIKODE, KERALA, PIN- 673507., PIN - 673507
2 RADHAKRISHNAN
AGED 62 YEARS
S/O.KUNHIKELU ADIYODI, KIZHAKKEDATH, PURAMERI, ARUR,
KOZHIKODE, KERALA, PIN- 673507, PIN - 673507
3 SHIJITH KUMAR
AGED 59 YEARS
S/O.KUNHIRAMAN, DEEPTHI NIVAS, AROOR, KOZHIKODE,
KERALA, PIN- 673507., PIN - 673507
4 SURESH
AGED 48 YEARS
S/O .BALAN NAIR, KUTTIYIL, SOPANAM, AROOR, PURAMERI,
KOZHIKODE, KERALA, PIN- 673507., PIN - 673507
5 SURESH BABU K
AGED 54 YEARS
S/O KANNAN, KIZHAKKEDATH, PURAMERI, ARUR, KOZHIKODE,
KERALA, PIN- 673507, PIN - 673507
6 RAGHAVAN
AGED 62 YEARS
S/O CHOYI, RAMAR KOYILOTH, PURAMERI, ARUR,
KOZHIKODE, KERALA, PIN- 673507., PIN - 673507
7 SREESAN
AGED 48 YEARS
S/O SREEDHARAN, KIZHAKKEDATH, ARUR, KOZHIKODE,
W.P.(c.).No. 33370 of 2023
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2025:KER:29768
KERALA, PIN- 673507., PIN - 673507
BY ADVS.
C.BHASKARAN
IRFAN ZIRAJ(K/001614/2021)
RESPONDENTS:
1 PURMERI GRAMA PANCHYATH,
REPRESENTED BY SECRETARY, CIVIL STATION JUMA
MASJID,CIVIL STATION,ERANHIPPALAM KOZHIKODE, PIN-673
020.] [AS PER ORDER DATED 08.11.2023 IN I.A-1/2023
IN WP(C) 33370/2023 THE ADDRESS OF R1 IS CORRECTED
AS "PURMERI GRAMA PANCHAYATH, REPRESENTED BY ITS
SECRETARY, PURMERI P.O, KOZHIKODE DISTRICT - 673
503], PIN - 673020
2 DISTRICT POLLUTION CONTROL
REPRESENTED BY CHAIRMAN ,3RD FLOOR, ZAMORIN"S
SQUARE, LINK ROAD KOZHIKODE - 673 002, PIN - 673002
3 KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED THE CHAIRMAN PATTOM P.O.,
THIRUVANANTHAPURAM - 695 004., PIN - 695004
4 SRG INTERLOCK
REPRESENTED BY RAJOSH N , NADAKKANTA VIDA ARUR,
KAKKATTIL , PURAMERI , ARUR P.O. 673507., PIN -
673507
5 DISTRICT COLLECTOR
KOZHIKODE COLLECTORATE, CIVIL STATION P.O, KOZHIKODE
673 020., PIN - 673020
6 PANCHAYATH DIRECTOR
PANCHAYAT DEPARTMENT, PANCHAYAT DIRECTORATE SWARAJ
BHAVAN, GROUND FLOOR, NANTHANCODU, KOWDIAR.P.O,
THIRUVANANTHAPURAM - 695 003., PIN - 695003
7 STATE OF KERALA
REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695004, PIN -
695004
W.P.(c.).No. 33370 of 2023
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BY ADVS.
MANU M THOMAS
NAVEEN T
P.C.ANIL KUMAR
ADVOCATE GENERAL OFFICE KERALA
ANIL.D.KAITHAKKAL(K/580/2003)
SRI JAYAN T P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(c.).No. 33370 of 2023
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HARISANKAR V. MENON, J
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W.P.(c.).No. 33370 of 2023
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Dated this the 26th day of March, 2025
JUDGMENT
The petitioner, a neighbour to the 4th respondent industry has filed the captioned writ petition, complaining about the functioning of the industry by the 4 th respondent herein, in alleged violation of the stipulations fixed by the Pollution Control Board.
2. Heard learned counsel for the petitioner, the Standing Counsel for the Pollution Control Board and Sri. Anil D. Kaithakkal for the 4th respondent herein and Sri. Jayan, learned Government Pleader.
3. Though the learned counsel for the petitioner contended that Ext.P11 found various discrepancies in the functioning of the 4th respondent and Ext.P12 was issued by the Pollution Control Board by omitting various findings in Ext.P11, I notice that no such averment has been raised in the writ petition. As against the afore, I further notice that the learned counsel for the Pollution Control Board and the 4 th respondent W.P.(c.).No. 33370 of 2023 5 2025:KER:29768 herein had pointed out that whatever defects pointed out by the Board have been cleared by the petitioner and it is on that basis, an ultimate consent to operate - Ext.R2(b) has been issued by the said Board. As of now, there is no challenge against the consent to operate also.
In the afore circumstances, I am of the opinion that the petitioner has not made out any case for interference under Article 226 of the Constitution of India. .
Resultantly, I dismiss this writ petition, however, leaving open the right of the petitioner to avail his remedies in accordance with law.
Sd/-
HARISANKAR V. MENON, JUDGE sjb/26.03.2025 W.P.(c.).No. 33370 of 2023 6 2025:KER:29768 APPENDIX OF WP(C) 33370/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPIES OF THE MEDICAL REPORTS OF THE PETITIONERS IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P1 EXHIBIT P2 TRUE COPY OF THE INFORMATION SOUGHT UNDER RIGHT TO INFORMATION ACT,2005 EXHIBIT P3 TRUE COPY OF THE INFORMATION RECEIVED UNDER RIGHT TO INFORMATION ACT,2005 DATED 20.05.2023 EXHIBIT P4 TRUE COPY OF THE LETTER TO STATE PUBLIC INFORMATION OFFICER DATED 23.06.2023 BY THE 2ND PETITIONER.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION FILED BEFORE THE SECOND RESPONDENT DATED NIL EXHIBIT P6 TRUE COPY OF THE CONSENT LETTER RECEIVED FROM THE 3 RD RESPONDENT BOARD DATED 08.07.2023 EXHIBIT P7 TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 5 TH RESPONDENT DISTRICT COLLECTOR DATED 11.07.2023 EXHIBIT P8 TRUE COPY OF THE REPLY NO.JC 3647/23 BY 1ST RESPONDENT DATED 2/8/2023 TO THE 1ST PETITIONER EXHIBIT P9 TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 6TH RESPONDENT DATED 11.07.2023 EXHIBIT P10 TRUE COPY OF THE REPLY DATED 9.08.2023 EXHIBIT P11 TRUE COPY OF THE INSPECTION REPORT OBTAINED THROUGH RIGHT TO INFORMATION ACT,2005 DATED NIL EXHIBIT P12 TRUE COPY OF THE LETTER BY ENVIRONMENTAL W.P.(c.).No. 33370 of 2023 7 2025:KER:29768 ENGINEER DATED 9.08.2023 TO 3RD RESPONDENT EXHIBIT P13 TRUE COPY OF THE REPRESENTATION BY 2ND PETITIONER DATED 22-08-2023 TO 2ND RESPONDENT EXHIBIT P14 TRUE COPY OF THE REPRESENTATION BY 2ND PETITIONER DATED 22-08-2023 TO 1st RESPONDENT RESPONDENT EXHIBITS ANNEXURE R2(a) TRUE COPY OF THE COMPLIANCE LETTER SUBMITTED BY THE UNIT DATED 22-8-2023 ANNEXURE R2(b) TRUE COPY OF THE CONSENT TO OPERATE FILE NO: KSPCB/KZ/ ICO/10030785/2023 DATED 07/10/2023