Petitioner filed contempt alleging non-compliance of court directions regarding pollution inspection report by respondent. Court found no grounds to proceed as procedural defects are corrigible via objection, closing the case.
Contempt case closed without prejudice to petitioner's right to file objection to the inspection report.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
Con.Case(C).No.1840 OF 2020 IN WP(C). 41446/2018
AGAINST THE ORDER DATED 13/08/2020 IN I.A.NO.2/2020 IN WP(C) 41446/2018(E) OF HIGH COURT OF KERALA
PETITIONER/PETITIONER IN WP(C)NO.41446/18:
DEVASSY P.J., AGED 55 YEARS S/O P.S.JOSEPH, PARAMBI HOUSE, WEST KORATTY, MAMBRA P.O.THRISSUR-680 308.
BY ADVS. SRI.ABDUL JAWAD K. SMT.A.GRANCY JOSE
RESPONDENT/4TH RESPONDENT IN WP(C)NO.41446/18:
SUSHEELA NAIR V.A., AGED 52 YEARS W/O PRABHAKARAN THAMPAN, ENVIRONMENTAL ENGINEER, DISTRICT OFFICE OF THE KERALA STATE POLLUTION CONTROL BOARD, THRISSUR-680 005.
R BY SRI T.NAVEEN- STANDING COUNSEL
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 19.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2Con.Case(C).No.1840 OF 2020 IN WP(C). 41446/2018
JUDGMENT
The petitioner has filed this contempt case alleging noncompliance of the directions contained in Annexure A order of this Court dated 13.08.2020 in I.A.No.2 of 2020 in W.P. (C)No.41446 of 2018. The respondent herein is the 4th respondent in that writ petition. The petitioner filed that interlocutory application seeking an order to direct respondents 1, 4 and 5 therein to conduct inspection of the premises of respondents 6 to 8 and close down their units forthwith, in view of Ext.P39 communication dated 22.06.2020 issued on behalf of the Director of Panchayat. In that interlocutory application, this Court passed Annexure A order directing the respondent herein, who is the Environmental Engineer, to conduct an inspection on the premises of respondents 6 to 8, with specific reference to Ext.P37 photographs and submit a report as to whether the functioning of those units are in any manner causing air or sound pollution in the locality and also whether the unit of the 6th respondent is engaged in making products with plastic
-3Con.Case(C).No.1840 OF 2020 IN WP(C). 41446/2018
coating. The respondent herein was directed to conduct inspection without violating Covid-19 restrictions.
also the learned Standing Counsel for the respondent.
respondent has not properly verified air and sound pollution and filed report without ascertaining the use of materials with plastic contents for making products. The respondent conducted a second visit on 25.08.2020 and submitted Annexure C report on 23.09.2020, which is beyond the time limit fixed in Annexure A order. If as a matter of fact, Annexure C report is lacking on any of the aspects directed to be ascertained, it is for the petitioner to file his objection to
-4Con.Case(C).No.1840 OF 2020 IN WP(C). 41446/2018
that report. In Annexure A order, this Court has made it clear that the respondent has to conduct inspection without violating Covid-19 restrictions. The respondent submitted Annexure C report after conducting a second inspection on 25.08.2020. It is stated in Annexure C report that the sample of material collected on 04.09.2020 was returned by CSIRNIIST and sample was again sent on 18.09.2020.
In such circumstances, this Court finds no grounds to proceed with this contempt case and the same is, accordingly, closed, without prejudice to the right of the petitioner to file objection to Annexure C report.
Sd/-
ANIL K.NARENDRAN, JUDGE
AV/20/11
-5Con.Case(C).No.1840 OF 2020 IN WP(C). 41446/2018
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE ORDER DATED 13.8.2020 IN IA NO 2/2020 IN WPC NO 41446/18
ANNEXURE B TRUE COPY OF THE COMMUNICATION DATED 22.6.2020 OF THE DIRECTOR OF PANCHAYATH TO THE PETITIONER
ANNEXURE C TRUE COPY OF THE REPORT DATED 18.9.2020 SUBMITTED BY THE RESPONDENT EXCLUDING EXHIBITS
ANNEXURE D TRUE COPY OF THE D&O LICENSE DATED 4.5.2020
ANNEXURE E TRUE PHOTOGRAPHS TAKEN ON 27.9.2020 WHICH DEPICT RAW MATERIALS FOR PAPER PLATES ETC
1 issue framed by the court
Whether the respondent committed contempt by filing the inspection report late and without fully ascertaining plastic content use.
DEVASSY P.J.
SUSHEELA NAIR V.A.
ANIL K.NARENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
