The Court disposed of the writ petition filed against the nuisance caused by an industrial unit. It held that the competent authority under the Pollution Control Board had already issued directions and the matter should be pursued through that channel via representation or complaint.
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 N.NAGARESH
THURSDAY, THE 8TH DAY OF DECEMBER 2022 / 17TH AGRAHAYANA, 1944
WP(C) NO. 11698 OF 2019
PETITIONER
K.M.RAJENDRA KUMAR
AGED 52 YEARS
S/O. MADHAVAN PILLAI, GEETHA VILASOM, H. NO. V.P. 197,
SASTHAMKAVU, VITHURA P.O, NEDUMANGAD THALUK,
THRIRUVANANTHAPURAM DISTRICT
BY ADV P.PUSHPARAJAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM - 695 0052 THE VITHURA GRAMA PANCHAYATH VITHURA. P.O, THIRUVANANTHAPURAM - 695 551, REPRESENTED BY ITS SECRETARY3 KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS CHAIRAMAN, PLAMOODU, PATTOM, THIRUVANANTHAPURAM - 695 0044 THE MEDICAL OFFICER OFFICE OF THE MEDICAL DIRECTORATE, THIRUVANANTHAPURAM - 695 0015SRI. PRASANTH KUMAR
S/O. KARUNAKARAN NAIR, MANPURATH VEEDU, KOTTIYATHARA,
VITHURA P.O, THOLIKODE VILLAGE, NEDUMANGAD TALUK,
THIRUVANANTHAPURAM DISTRICT - 695 551
6SRI. DINUMON
S/O. VIDHYADHARAN, DINU BHAVAN, KOPPAM,
THOLIKODE VILLAGE, NEDUMANGAD TALUK,
THIRUVANANTHAPURAM DISTRICT -695 541
7SRI. ARUN. P. KRISHNA
S/O. PUSHKARAN NAIR, ARUN KRISHNAYIL VEEDU,
MARUTHUMMOODU, CHETTACHAL P.O, THOLIKODE VILLAGE,
NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT - 695 551
WP(C) NO.11698 OF 2019
8SMT. SARITHA
D/O. SAKUNTHALA, GIREESH BHAVAN, CHAKRAPANIPURAM,
ELIYVOOR MURI, PUTHUKULANGARA P.O,
UZHAMALACKAL VILLAGE, NEDUMANGAD TALUK,
THIRUVANANTHAPURAM DISTRICT - 695 541
9SMT. SOUMY SUGATHAN
W/O. RATHEESH, MANKALA, PEPPARA P.O,
VITHURA VILLAGE, NEDUMANGAD TALUK,
THIRUVANANTHAPURAM DISTRICT - 695 551
10SMT. PRASEEDA
D/O. PRABHAVATHI, RAJ NIVAS, IRAVOOR,
ARYANAD P.O, ARYANAD VILLAGE, KOTTAYIKKAKOM MURI,
NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT -
695 542
SRI.R.B.RAJESH-R2
SRI.A.S.SHAMMY RAJ- R5 TO R10
SMT.DEEPA NARAYANAN SR.GP
SRI. T. NAVEEN (SC)- R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.11698 OF 2019
3
JUDGMENT
Dated this the 8th day of December, 2022
The petitioner is before this Court aggrieved by the unbearable sound and air pollution emanating from the Hollow Bricks Unit run by respondents 5 to 10, which is situated adjacent to the residential premises of the petitioner.
WP(C) NO.11698 OF 2019
4
permissions including Consent to Operate issued by the Pollution Control Board and D&O Licence issued by the Panchayat authorities. On the basis of the complaints received,
the Pollution Control Board has issued Ext.R5(f) communication. Ext.R5(f) directed to ensure certain pollution control measures in the Industrial Unit. Respondents 5 to 10 have taken all measures as directed by the Pollution Control Board. In the circumstances, the writ petition is without any merit and it is liable to be dismissed.
WP(C) NO.11698 OF 2019
5
by the petitioner regarding the pollution has been considered by an authority competent to assess the pollution level. Consequently, Ext.R5(f) order has been passed by the Environmental Engineer, Pollution Control Board, requiring certain measures for pollution control.
WP(C) NO.11698 OF 2019
6
Pollution Control Board, the said authority will consider the
complaint and take necessary action/steps, if necessary, after
making site inspection.
The writ petition is disposed of as above.
sd/-
N.NAGARESH
JUDGE
hmh
WP(C) NO.11698 OF 2019
7
APPENDIX OF WP(C) 11698/2019
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE REPRESENTATION DATED
28.03.2019 BEFORE THE 1ST RESPONDENT
SUBMITTED BY THE PETITIONER
EXHIBIT P1(A)TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT
OF THE 1ST RESPONDENT DATED 30.03.2019
EXHIBIT P2TRUE COPY OF THE REPRESENTATION DATED
28.03.2019 BEFORE THE 2ND RESPONDENT
SUBMITTED BY THE PETITIONER
EXHIBIT P2(A)TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT
OF 2ND RESPONDENT DATED 30.03.2019
EXHIBIT P3TRUE COPY OF THE REPRESENTATION DATED
28.03.2019 BEFORE THE 3RD RESPONDENT
SUBMITTED BY PETITIONER
EXHIBIT P3(A)TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT
OF THE 3RD RESPONDENT DATED 30.03.2019
EXHIBIT P4TRUE COPY OF THE REPRESENTATION DATED
28.03.2019 BEFORE THE 4TH RESPONDENT
SUBMITTED BY THE PETITIONER
RESPONDENT EXHIBITS
EXHIBIT 5(A): |
TRUE COPY OF THE SALE DEED NO.253/2019OF VITHURA SUB REGISTRAR'S OFFICE ON08/03/2019. |
|---|---|
EXHIBIT 5(B): |
TRUE COPY OF THE SALE DEED DATED05/09/2011 OF VITHURA SUB REGISTRAR'SOFFICE. |
EXHIBIT 5(C): |
TRUE COPY OF THE "INTEGRATED CONSENT TOOPERATE" DATED 21/06/2011 ISSUED BY THE3RD RESPONDENT. |
EXHIBIT 5(D): |
TRUE COPY OF THE RENEWAL ORDER DATED26/01/2017 ISSUED BY THE 3RD RESPONDENT |
EXHIBIT 5(E): |
TRUE COPY OF THE REQUEST LETTER DATED24/05/2019 SENT TO THE ENVIRONMENTOFFICER OF THE 3RD RESPONDENT DATED24/05/2019. |
WP(C) NO.11698 OF 2019
8
EXHIBIT 5(F):TRUE COPY OF THE WRITTEN DIRECTION
ISSUED BY THE 3RD RESPONDENT DATED
31/05/2019.
EXHIBIT 5(G):TRUE COPY OF THE LETTER DATED
27/06/2019 SUBMITTED BEFORE THE 3RD
RESPONDENT.
EXHIBIT 5(H):TRUE COPY OF THE PHOTOGRAPHS SHOWING
THE 'NET SHEET' NEAR THE COMPOUND WALL
OF THE PETITIONER.
EXHIBIT 5(I):TRUE COPY OF THE D & O LICENCE DATED
04/06/2019 ISSUED BY THE 2ND
RESPONDENT.
2 issues framed by the court
Whether the petitioner is entitled to relief for sound and air pollution emanating from the respondents industrial unit.
Whether further orders on complaints regarding pollution control are required when the Pollution Control Board has already issued directions.
K.M. Rajendra Kumar
The District Collector
The Vithura Grama Panchayath
Kerala State Pollution Control Board
The Medical Officer
Sri. Pranth Kumar
N. Nagaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court