Writ petition challenging D&O licence issued to furniture unit was dismissed as infructuous since respondent already obtained fresh licence; court granted liberty to approach authorities if future pollution complaints arise.
Petitioners granted liberty to approach competent authorities if pollution violations occur in future.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 12TH DAY OF JULY 2018 / 21ST ASHADHA, 1940
WP(C).No. 4487 of 2013
PETITIONER(S):
1 ARIFA BEEVI,
W/O.ABDULKHADER THANGAL K.T., THANGAL HOUSE, KOTTAPARAMBU, MELANGADI P.O., KONDOTTY, MALAPPURAM DISTRICT - 673 648.
W/O.KONIYAKATHU ALAVIKUTTY, KONIYAKATHU HOUSE,
MELANGADI P.O., KONDOTTY, MALAPPURAM DISTRICT -673648.
3 ABDUL SALAM,
S/O.KUNJIKOYA, PALAKKAPARAMBIL HOUSE,
MELANGADI P.O., KONDOTTY, MALAPPURAM DISTRICT-673648.
BY ADVS.SRI.C.A.MAJEED
SRI.K.H.ASIF
SRI.P.B.UNNIKRISHNAN NAIR
RESPONDENT(S):
1. KONDOTTY GRAMA PANCHAYATH
2. IBRAHIM A, KANJIRAPARAMBU HOUSE, CALICUT AIRPORT P.O. KOTTAPARAMBU, KONDOTTY, MALAPPURAM DISTRICT - 673648
3. THE SENIOR ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD 19/269A, PERINTHALMANNA ROAD, KUNNUMMAL P.O. MALAPPURAM -676505.
4. THE DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE, NILAMBUR, MALAPPURAM DISTRICT 679330.
R1 BY ADV. SRI.P.VENUGOPAL (1086/92) R2 BY ADV. SRI.BABU S. NAIR R3 BY ADV. SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD R3 BY ADV. SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,
R4 BY GOVERNMENT PLEADER K.M. RESHMI BY SRI.M.P.MADHAVANKUTTY, SPL. GOVT. PLEADER FOR FOREST
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-07-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RVS.
WP(C).No. 4487 of 2013
APPENDIX
PETITIONER(S)' EXHIBITS:
| EXHIBIT | P1 | THE PHOTOCOPY OF THE LOCATION PLAN OF THE SHOWING THE FURNITURE MANUFACTURING UNIT AND THE RESIDENTIAL HOUSUES OF THE PETITIONERS. |
|---|---|---|
| EXHIBIT | P2 | THE PHOTOCOPY OF COMPLAINT DATED 16/07/2011 FILED BY THE PETITIONERS. |
| EXHIBIT | P3 | THE PHOTOCOPY OF DECISION TAKEN AFTER MEETING HELD ON 14/09/2011. |
| EXHIBIT | P4 | THE PHOTOCOPY OF THE NOTICE ISSUED BY THE POLLUTION CONTROL BOARD. |
| EXHIBIT | P5 | THE PHOTOCOPY OF THE NOTICE ISSUED BY THE 1ST REWSPONSENT DATED 09/03/2012. |
| EXHIBIT | P6 | THE PHOTOCOPY OF THE INTERIM ORDER DATED 11/04/2012 IN WP(C)NO.7872/2012. |
| EXHIBIT | P7 | THE PHOTOCOPY OF THE COMMON JUDGMENT PASSED IN WP(C) NOS. 12959/2012 AND 7872/2012 DATED 05/11/2012. |
| EXHIBIT | P8 | THE PHOTOCOPY OF NOTICE DATED 24/12/2012 ISSUED BY THE 1ST RESPONDENT TO THE 2ND PETITIONER. |
| EXHIBIT | P9 | THE PHOTOCOPY OF LICENCE ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. |
| EXHIBIT | P10 | THE PHOTOCOPY OF THE LETTER DATED 01/01/2013 ISSUED BY THE 3RD RESPONDENT. |
| EXHIBIT | P11 | THE PHOTOCOPY OF THE REPRESENTATION DATED 29/01/2013 SUBMITTED BY THE PETITIONERS. |
| EXHIBIT | P12 | THE PHOTOCOPY OF THE ORDER NO.14835/E3/2010 DATED 02/04/2011 |
| RESPOND | **ENT(S)' ** | EXHIBITS: |
| ANNEXUR | E R3(A) | THE PHOTOCOPY OF THE INTEGRATED CONSENT TO OPERATE RENEWAL DATED 24/05/2018. |
/TRUE COPY/
P.S. TO JUDGE
RVS.
20/07/2018
Devan Ramachandran, J.
W.P.(C)No.4487 of 2013 I
Dated this the 12th day of July, 2018
JUDGMENT
The petitioners object to the functioning of a furniture manufacturing unit being conducted by the second respondent under the name and style 'Nooh Furniture', allegedly adjacent to their residential property. They allege that the said unit is being run without the requisite statutory consents and clearances and they pray that the D & O licence issued by the Panchayat for the year 2013, namely Exhibit P9, be set aside and to her them before taking a decision to renew the licence thereafter.
WPC 4487/13 2
08.06.2018, which grants D&O licence to the second respondent for the period from 01.04.2018 to 31.03.2019. The learned counsel, therefore, says that this writ petition has virtually become infructuous, since all that the petitioners wanted was that the second respondent be stopped from running the business without the requisite licence.
3
WPC 4487/13
obtained no time to conduct an inspection after the last posting date of this case, an inspection was conducted a few months ago when the second respondent had applied for renewal of the consent to operate and that the pollution levels were found to be well within statutorily prescribed limits. Along with this report, the order renewing the integrated consent to operate has also been placed on record, wherein the second respondent has been given the benefit of renewal up to 31.12.2022.
In the result, I dispose of this writ petition, however, granting liberty to the petitioners to approach the
WPC 4487/13 4
competent Authorities of the Pollution Control Board and that of the Panchayat, if instances of pollution from the second respondent's unit is noticed and if any such complaint is obtained by the Pollution Control Board, the competent authority under it will be obligated to take note of it, cause inspection and to take remedial measures as is required in law. The Secretary of the Panchayat will also keep necessary track of the operations in the second respondent's unit and ensure that it is being conducted in terms of the licences given to him. I also record the contents in the report, dated 11.07.2008, filed by the Environmental Engineer, Pollution Control Board that the Board is keeping a vigilant eye on the functioning of the unit to ensure that the tolerance limits prescribed by it is conformed by the second respondent.
Sd/Devan Ramachandran, Judge
tkv
ARIFA BEEVI
SAINABA
ABDUL SALAM
IBRAHIM A
KONDOTTY GRAMA PANCHAYATH
THE SENIOR ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
