Disposed

Thampi P.P v. Fresh Cut Organic Products Pvt. Ltd.

Kerala HC21 Dec 2021WP(C)/6152/2021

Case brief

AI extract

What is this about?

Petitioners challenged pollution caused by a waste management unit. Court noted post-hearing compliance where unit replaced bio-filter with bio-bed and ETP was revamped. Based on PCB inspection report and petitioner's undertaking, petition disposed of with liberty to approach authorities in case of future violation.

What did the court decide?

Petition disposed of recording the report submitted by the 3rd respondent and the undertaking submitted by the 1st respondent. Liberty to approach appropriate authorities in case of violation.

Thampi P.P Vs Fresh Cut Organic Products Pvt. Ltd. — Environment and Pollution | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE T.R.RAVI

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TUESDAY, THE 21^ST DAY OF DECEMBER 2021/30TH AGRAHAYANA, 1943

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WP(C) NO. 6152 OF 2021

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PETITIONERS:

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1 THAMPI P.P AGED 51 YEARS S/O PAILEY, PARAKANDATHIL HOUSE, MAIKKAVU P.O., THAMARASSERY, KOZHIKODE-673 573. 2 MUHAMMED KOYA, AGED 64 YEARS S/O MUHAMMED KUTTY, ANDIYATHU, KARIMBALAKKUNNU, KOODATHAI P.O. THAMARASSERY, KOZHIKODE-673 601 3 CHINNAMMA, AGED 54 YEARS D/O MATHAI, VAYUKKADU, KARIMBALAKKUNNU, KOODATHAI P.O., THAMARASSERY,KOZHIKODE-673 601 4 USSAIN, AGED 44 YEARS S/O HAMSA, MANGALATHU, KARIMBALAKKUNNU, KOODATHAI P.O., THAMARASSERY, KOZHIKODE-673 601 5 THAMPI VARGHESE, AGED 61 YEARS S/O VARGHESE, NEDUMPILLIL, MAIKKAVU P.O., THAMARASSERY, KOZHIKODE-673 573. 6 ANTU M.K, AGED 45 YEARS S/O KURIAN M.C, MANDAKATHU, MAIKKAVU P.O. THAMARASSERY, KOZHIKODE-673 573. 7 BABY C.J, AGED 58 YEARS S/O JACOB, CHAANJAPILACKAL, MAIKKAVU P.O. THAMARASSERY, KOZHIKODE-673 573.

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W.P.(C)No.6152 of 2021

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8 FAISAL, AGED 42 YEARS S/O MUHAMMED, ARUVIRALIL, MAIKKAVU P.O. THAMARASSERY, KOZHIKODE-673 573.

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9 SULAIMAN, AGED 36 YEARS S/O MOITHEEN, PALLIPARAMBIL, KARIMBALAKKUNNU, KOODATHAI P.O. THAMARASSERY, KOZHIKODE-673 601. 10 MINI SUNNY, AGED 47 YEARS S/O CHACKO, KARTHAANIKKADU, KARIMBALAKKUNNU, KOODATHAI P.O. THAMARASSERY, KOZHIKODE-673 573. BY ADVS. SRI SHYAM PADMAN SRI.C.M.ANDREWS SMT.BOBY M.SEKHAR KUM.LAYA MARY JOSEPH SRI.HARISH ABRAHAM

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RESPONDENTS:

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1 FRESH CUT ORGANIC PRODUCTS PVT. LTD. AMBAYATHODU, KARIMBALAKKUNNU, THAMARASSERY, KOZHIKODE-673 601, REPRESENTED BY ITS MANAGING DIRECTOR

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2 KERALA STATE POLLUTION CONROL BOARD, HEAD OFFICE, PATTOM P.O., THIRUVANANTHAPURAM-695 004, REPRESENTED BY ITS CHAIRMAN

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3 KERALA STATE POLLUTION CONTROL BOARD, KOZHIKODE DISTRICT OFFICE, 3RD FLOOR, ZAMORINS SQUARE, LINK ROAD, KOZHIKODE-673 002, REPRESENTED BY ITS ENVIRONMENTAL ENGINEER

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4 KATTIPPARA GRAMA PANCHAYATH, KATTIPPARA, KOZHIKODE-673 574, REPRESENTED BY ITS SECRETARY

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5 KODANCHERRY GRAMA PANCHAYATH, PUNNAKKADU, KODANCHERRY, KOZHIKODE-673 580, REPRESENTED BY ITS SECRETARY.

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W.P.(C)No.6152 of 2021

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6 STATE OF KERALA, DEPARTMENT OF HEALTH AND FAMILY WELFARE, 6TH FLOOR, ANNEX 11, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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BY ADVS. R1 BY SRI.P.T.MOHANKUMAR R2 & R3 BY SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, R4 & R5 BY SRI.VINOD SINGH CHERIYAN SRI.T.M.KHALID SMT.K.P.SUSMITHA R6 BY SRI VIPIN NARAYAN, GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.6152 of 2021

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T.R. RAVI, J.

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W.P.(C)No.6152 of 2021

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Dated this the 21^st day of December, 2021

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JUDGMENT

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The petitioners, who are residents of Kodancherry Grama Panchayat have filed this writ petition praying for a direction to respondents 2, 3 and 5 to take appropriate action against the 1 st respondent for variation of the terms of Ext.P8 consent to operate. The 1 st respondent is a Company involved in slaughter house waste management. The grievance of the petitioners is that the slaughter house waste materials which are brought into the premises of the 1st respondent are giving rise to pollution in and around the Unit which is affecting the healthy living of the persons of the neighbourhood. The complaint is that the mandatory requirement which need to be followed in running such an industry is not being complied with.

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2 . On 10.3.2021 this Court had directed the 3 rd respondent to file a report regarding the factual aspects alleged in the writ petition. On 25.3.2021, the Environmental Engineer attached to the 3 rd respondent issued a communication to the 1 st respondent directing them to take certain measures for abating the pollution.

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W.P.(C)No.6152 of 2021

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On 7.4.2021, this Court passed an interim order directing the 1 st respondent to comply with the directions contained in the communication dated 25.3.2021 issued by the Environmental Engineer. The 3 rd respondent was also directed to cause an inspection after the 1 st respondent complies with the directions and file a report before the Court. On 12.11.2021, this Court had directed the 3 rd respondent to conduct an inspection in the premises and ensure whether all the directions contained in the communication dated 5.7.2021 (Ext.P15) have been complied with by the 1 st respondent. The 3 rd respondent has filed an additional report on 9.12.2021 wherein it has been stated that the inspection was conducted on 17.11.2021 and it was noticed that the Unit has replaced the bio-filter with bio-bed system, so as to reduce odour to the maximum extent and that the premises of the Unit is in a neat and hygienic condition. It is stated that the ETP Plant in the Unit has been revamped with ultra filtration facility and that the samples collected from the outlet of the ETP have been analysed and it has been found that all the parameters are within the limits prescribed. The 1 st respondent has also filed an affidavit undertaking that the Unit shall be run in accordance with the directions issued by the 1 st respondent. Ext.R1(m) has been

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W.P.(C)No.6152 of 2021

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produced along with the affidavit which is the Government order dated 7.10.2021 whereby guidelines have been issued regarding the licensing of poultry meat stalls and poultry rendering plants. The 1 st respondent has also prayed for necessary directions to the Local Self Government Institution concerned to implement Ext.R1(m) Government Order so that the waste that is collected by the 1 st respondent is not already in a degenerated condition. However, such a direction is beyond the scope of this writ petition.

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3 . In the light of the subsequent developments, the writ petition is disposed of recording the report submitted by the 3 rd respondent as well as the undertaking submitted by the 1 st respondent. The petitioners will be at liberty to approach the appropriate authorities, if there is any violation.

Sd/-

T.R. RAVI JUDGE

dsn

W.P.(C)No.6152 of 2021

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APPENDIX OF WP(C) 6152/2021

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PETITIONER'S EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE COMMUNICATION DATED 6.3.2019
	ISSUED BY THE PRESIDENT, DISTRICT PANCHAYATH, KOZHIKODE TO ALL THE PRESIDENTS AND SECRETARIES OF ALL THE GRAMA/BLOCK PANCHAYATS IN THE DISTRICT
EXHIBIT P2	TRUE COPY OF THE MINUTES OF THE JOINT MEETING OF THE ACTION COMMITTEE HELD ON 16.9.2019
EXHIBIT P3	TRUE COPY OF THE MEMORANDUM OF UNDERSTANDING DATED 20.10.2019 ENTERED INTO BETWEEN THE 1ST PETITIONER AND THE 1ST RESPONDENT
EXHIBIT P4	TRUE COPY OF THE REPRESENTATION DATED 4.12.2019 SUBMITTED BY THE 1ST RESPONDENT BEFORE THE 4TH RESPONDENT PANCHAYATH
EXHIBIT P5	TRUE COPY OF THE REPRESENTATION DATED 13.7.2020 FILED BEFORE THE HON'BLE CHIEF MINISTER OF KERALA
EXHIBIT P6	TRUE COPY OF THE REPLY DATED 4.8.2020 ISSUED BY THE 3RD RESPONDENT
EXHIBIT P7	TRUE COPY OF THE INSPECTION REPORT DATED 3.8.2020 SUBMITTED BY THE 3RD RESPONDENT
EXHIBIT P8	TRUE COPY OF THE CONSENT TO OPERATE DATED 14.11.2019 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT FOR A PERIOD OF 5 YEARS
EXHIBIT P9	TRUE COPY OF THE SHOW CAUSE NOTICE DATED 3.8.2020 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT
EXHIBIT P10	TRUE COPY OF THE SHOW CAUSE NOTICE DATED 27.10.2020 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P11	TRUE COPY OF THE LETTER DATED 25.11.2020 SENT BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT
EXHIBIT P12	TRUE COPY OF THE LETTER DATED 11.1.2021 SENT BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT
EXHIBIT P13	TRUE COPY OF THE STANDARD OPERATION PROCEDURE (SOP) SENT BY THE 2ND RESPONDENT TO THE
	EXECUTIVE DIRECTOR, SUCHITWA MISSION, LSGD ALONG WITH THE COVERING LETTER

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W.P.(C)No.6152 of 2021

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EXHIBIT P14 TRUE COPY OF LETTER DT.14.6.21 ISSUED BY THE CHAIRMAN OF HEALTH AND EDUCATION STANDING COMMITTEE OF 5TH RESPONDENT PANCHAYAT EXHIBIT P15 TRUE COPY OF LETTER DT.5.7.2021 ISSUED BY THE 3RD RESPONDENT.

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4TH RESPONDENT'S EXTS. PRODUCED ALONG WITH AFFIDAVIT DT.26.3.2021)

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EXHIBIT R4 (A) CIRCULAR NO. PCB/T4/115/97 DATED 09.12.2013 OF THE CHAIRMAN, KERALA STATE POLLUTION CONTROL BOARD.

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4TH RESPONDENT'S EXTS. PRODUCED ALONG WITH AFFIDAVIT DT.3.9.2021)

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EXT.R4(A) COPY OF LETTER F4-839/2021 DT.2.3.21 TO THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, KOZHIKODE

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EXT.R4(B) COPY OF LETTER A4-839/2021 DT.8.3.21 TO SRI THAMPI PARAKKANDATHIL

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1ST RESPONDENT'S EXTS.

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EXHIBIT R1 (A) TRUE COPY OF PROJECT PROFILE OF THE 1ST RESPONDENT COMPANY EXHIBIT R1 (B) TRUE COPY OF THE D& O LICENSE ISSUED BY KATTIPPARA PANCHAYAT, THE 4TH RESPONDENT HEREIN DT.1.4.2020 EXHIBIT R1 (C) TRUE COPY OF CONSENT LETTER ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DT.14.11.2019 EXHIBIT R1 (D) TRUE COPY OF LETTER SENT BY THE PRESIDENT OF THE 4TH RESPONDENT PANCHAYAT TO THE GOVERNMENT OF KERALA DT.20.11.2019 EXHIBIT R1 (E) TRUE COPY OF LETTER FROM THE 1ST RESPONDENT TO THE 3RD RESPONDENT DT.30.3.21. EXHIBIT R1 (F) TRUE COPY FO LETTER FROM THE PRINCIPAL SECRETARY, LOCAL SELF GOVT.DEPARTMENT TO THE EXECUTIVE DIRECTOR, SUSHITWA MISSION, CONVENING A METTING FOR FORMULATION OF WASTE DISPOSAL POLICY DT.5.10.2020

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W.P.(C)No.6152 of 2021

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EXHIBIT	R1 (G)	TRUE COPY OF PROCEEDINGS OF THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA DT.30.11.2020
EXHIBIT	R1 (H)	TRUE COPY FO LETTER ISSUED BY THE PRESIDENT, DISTRICT PANCHAYAT, KOTTAYAM ENTRUSTING THE WORK TO THE 1ST RESPONDENT FOR SETTING UP A RENDERING UNIT DT.20.8.2020
EXHIBIT	R1 (I)	TRUE COPY OF REPRESENTATION SENT BY THE 1ST RESPONDENT TO THE DISTRICT COLLECTOR SEEKING PROTECTION DT.1.6.2020
EXHIBIT	R1 (J)	TRUE COPY OF COVERING LETTER SENT BY THE DISTRICT COLLECTOR ALONG WITH EXT.R1(J) TO THE DY.SUPERINTENDENT OF POLICE, KOZHIKODE (RURAL), DT.1.6.2020
EXHIBIT	R1 (K)	TRUE COPY OF FIR No.212/2020 REGISTERED BY THAMARASSERY POLICE AGAINST ONE MAJEED DT.14.2.2020
EXHIBIT	R1 (L)	TRUE COPY OF FIR No.675/2020 REGISTERED BY THAMARASSERY POLICE AGAINST ON RAFI, DT.15.7.2020
EXHIBIT	R1 (M)	TRUE COPY OF GO(MS)No.227/2021/LSGD DT.7.10.2021 ISSUED BY THE GOVERNMENT OF KERALA
3RD RESP	ONDENT'	S EXTS.
ANNEXURE	R3(A)-	TRUE COPY OF THE RELEVANT PAGES OF THE CIRCULAR NO.PCB/T4/115/97 DT.17.3.2017 ISSUED BY THE PCB.
ANNEXURE	R3(B)–	TRUE COPY OF THE CIRCULAR NO.PCB/TAC/18/2004 DATED 9-8-2004 ISSUED BY THE PCB.
ANNEXURE	R3(C)-	TRUE COPY OF THE INTEGRATED CONSENT TO ESTABLISH ISSUED TO THE UNIT ON 17-1-2019.
ANNEXURE ANNEXURE	R3(D)- R3(E)–	TRUE COPY OF THE LETTER DATED 22-8-2019 ISSUED BY THE PCB TO THE 1ST RESPONDENT. TRUE COPY OF THE INTEGRATED CONSENT TO
		OPERATE DATED 14-11-2019 ISSUED TO THE UNIT.
ANNEXURE	R3(F)-	TRUE COPY OF THE LETTER DATED 5-6-2020 RECEIVED FROM THE DISTRICT MEDICAL OFFICER, KOZHIKODE.
ANNEXURE	R3(G)-	TRUE COPY OF THE SHOW CAUSE NOTICE DATED 3- 8-2020 ISSUED BY THE PCB TO THE 1ST
		RESPONDENT.
ANNEXURE	R3(H)-	TRUE COPY OF THE LETTER DATED 4-8-2020 ISSUED TO THE COMPLAINANT.

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W.P.(C)No.6152 of 2021

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ANNEXURE	R3(I) - TRUE 2020.	COPY	OF THE	ANALYSIS REPORT DATED 14-8-
ANNEXURE	R3(J)- TRUE ISSUE	COPY D TO	OF T THE 1ST	HE LETTER DATED 24-8-2020 RESPONDENT.
ANNEXURE	R3(K)- TRUE SUBMI	COPY TTED	OF THE BY THE	REPLY LETTER DATED 18-2020 1^STRESPONDENT.
ANNEXURE	R3(L)- TRUE	COP	Y OF	THE CONSENT WITHDRAWAL
	INTEN THE 1	TION ^STRES	NOTICE PONDENT	DATED 27-10-2020 ISSUED TO .
ANNEXURE	R3(M)- TRUE SUBMI	COPY TTED	OF THE BY THE	REPLY LETTER DT.28.10.2020 1ST RESPONDENT.
ANNEXURE	R3(N)- TRUE	COP	Y OF	THE STANDARD OPERATING
	PROCE 11.12	DURE .2020	(SOP) .	ISSUED BY THE PCB ON
ANNEXURE	R3(O)- TRUE THE P	COPY CB TO	OF THE THE 1S	LETTER DT.26.3.21 ISSUED BY T RESPONDENT.
ANNEXURE	R3(P)- TRUE OF TH	COPY E SAM	OF THE PLE COL	RESULTS REPORT DT.2.12.2021 LECTED FROM THE OUTLET

Thampi P.P v. Fresh Cut Organic Products Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Thampi P.P v. Fresh Cut Organic Products Pvt. Ltd.

Case brief

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What did the court decide?

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