This disposal of a writ petition directed petitioners to stabilize a building, obtain pollution control consent, and then approach the municipality for a fresh license decision, quashing an order during this interim.
Quashed Ext.P4; directed petitioners to stabilize building, obtain consent, and reapply for license; municipality to reconsider.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE
THURSDAY, THE 8TH MARCH 2007 / 17TH PHALGUNA 1928
WP(C).No. 33411 of 2006(C)
PETITIONERS:
ALUMMUTTATHU VEEDU, MANJADI P.O., THIRUVALLA.
ALUMMUTTOM HOUSE, MEENTHALAKKARA, THIRUVALLA.
BY ADV. SRI.JACOB CHACKO
RESPONDENTS:
MANNARAM CHIRAYIL, MANJADI P.O., THIRUVALLA.
*ADDL.R3.THE SENIOR ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, PATHANAMTHITTA.
*ADDL.R3 IS IMPLEADED SUO MOTU AS PER THE ORDER DATED 8.3.07.
R1 BY ADV. SRI.S.SUBHASH CHAND R2 BY ADV.SRI.SAJITH KUMAR V. SMT.G.R.LEKSHMI R3 BY ADV.MR.M.K.CHANDRAMOHAN DAS, S.C.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE,J.
- - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.33411 of 2006
- - - - - - - - - - - - - - - - - - - - - - - - - Dated: 8th March, 2007
JUDGMENT
Mr.Jacob Chacko, counsel for the petitioners submits that the rice mill which was being conducted in the building owned by the 2nd petitioner having door No.3/260 is the only source of their livelihood. According to him, they will be able to convince the 1st respondentMunicipality that the building has become structurally stable and does not offend the building rules in any manner any longer. Counsel further submitted that the petitioners will be able to obtain consent from the Pollution Control Board in the matter of allegations of pollution which have been raised by the 2nd respondent in this case. Counsel requested that the Municipality be directed to take a fresh decision once the petitioners convince the Municipality that the building is structurally stable and does not offend the building rules and that they have consent from the Pollution Control Board.
W.P.C.No.33411/06 - 2 -
for the petitioners to convince the Municipality that the building is structurally stable and that the same does not violate the building rules at all and they have succeeded in getting requisite consent from the Pollution Control Board issued to them on the basis of satisfaction that all safeguards are taken for averting the possibility of sound and dust pollution, the Municipality shall reconsider the petitioners case once again so as to enable the petitioners to open the rice mill which is the only source of their livelihood. Accordingly, the Writ Petition will stand disposed of with the following directions:
The petitioners are directed to do whatever work that is necessary for making the building in question structurally stable and to be in conformity with the building rules and report the matter to the Municipality. The petitioners are also directed to file necessary application before the additional third respondent seeking consent to operate the mill. The additional third respondent will conduct necessary inspections with notice to the petitioners and the 2nd respondent and take a decision on the application submitted by the petitioners for consent. Before taking a decision on the application the additional third respondent will hear the petitioners as well as the 2nd respondent. Once decision is taken and the petitioners succeed in
W.P.C.No.33411/06 - 3 -
getting consent, the petitioners will approach the Municipality again and the Municipality will hear the petitioners and the 2nd respondent and take a fresh decision on the petitioners application for licence. In order to compliance with the above directions, Ext.P4 is quashed. It is needless to mention that the work of re-enforcing the building so as to make it structurally stable will be taken up by the petitioners only after obtaining requisite permission from the Municipality. The petitioners and the respondents are directed to ensure compliance with the directions hereinabove without causing undue delay in the matter. It is made clear that so long as fresh licence is issued, Ext.P4 will operate in the matter of functioning of the mill.
PIUS C.KURIAKOSE, JUDGE
srd
1 issue framed by the court
Whether the petitioners can resume rice mill operations after structural stabilization and obtaining pollution consent.
NELSON MATHEW
A.P.ABRAHAM
THE SECRETARY, THIRUVALLA MUNICIPALITY
UNNI ABRAHAM
THE SENIOR ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD
PIUS C.KURIAKOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
