Petitioners challenged the construction activities of Safa Industries alleging pollution. The court observed that petitioners could approach statutory authorities regarding pollution permits and then close the writ petition without issuing any writ or direction.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 5TH DAY OF JULY 2022 / 14TH ASHADHA, 1944
WP(C) NO. 31771 OF 2011
NAME AND ADDRESS OF THE PETITIONERS:
1 ABDUL SATHAR, S/O.SYED MOHAMED, KANDAMANGALAM HOUSE, MUDICKAL P.O., PERUMBAVOOR
2 MAHIN A.A S/O.ALI(LATE), EDAYATHALI HOUSE, MUDICKAL P.O., PERUMBAVOOR BY ADVS. SRI.SHIRAZ ABDULLA SRI.JOJO PAPPACHAN
NAME AND ADDRESS OF THE RESPONDENTS:
1 VAZHAKULAM GRAMA PANCHAYAT MARAMPALLY P.O.,ALWAYE,ERNAKULAM DISTRICT-683107 REPRESENTED BY ITS SECRETARY.
2 THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, GANDHI NAGAR, ERNAKULAM-682020 3 P.A.ALIKUNJU MANAGING DIRECTOR, M/S.SAFA INDUSTRIES, MUDICKAL P.O., PRRUMBAVOOR,ERNAKULAM-683547 BY ADVS. SRI.K.ABDUL JAWAD SRI.P.THOMAS GEEVERGHESE - R3 SRI.T.NAVEEN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 31771 OF 2011
2
P.V.KUNHIKRISHNAN, J.
-----------------------------W.P.(C).No. 31771 of 2011
---------------------------------------------Dated this the 05th day of July, 2022
JUDGMENT
The above writ petition is filed with the following
prayers:
“(i) issue a writ of mandamus or such other writ, order or direction, to the 3rd respondent to stop the illegal construction activity of 'Safa Industries' in the residential area of the petitioners.
(ii) issue a writ of mandamus or such other appropriate writ, order or direction to the 1st and 2nd respondents to ensure that the 3rd respondent is not proceeding any further with the construction activity in the residential area of the petitioners.
(iii) issue any other writ order or direction as deem fit by this Hon'ble court to the facts and features of the case.”[SIC]
against the manufacturing unit of the 3rd respondent which according to the petitioner creates pollution. The
counsel appearing for the 3rd respondent submitted that
the 3rd respondent is having all valid permit and licence
WP(C) NO. 31771 OF 2011 3
from all statutory authorities and the manufacturing activities are stopped due to lack of demand. The counsel submitted that the unit is functioning with proper licence. The counsel appearing for the petitioners submitted that, if there is any pollution due to the manufacturing activities of the 3rd respondent, the petitioners may be allowed to approach the statutory authorities.
With the above observation, this writ petition is
closed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
DM
WP(C) NO. 31771 OF 2011
4
APPENDIX OF W.P.(C) NO.31771/2011
PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF COMMUNICATION ISSUED BY THE ADDL.INSPECTOR OF FACTORY OF ALUVA DTD.15.12.2010. EXHIBIT P1(A) COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT DTD. 16.06.2011 EXHIBIT P1(B) COPY OF COMMUNICATION ISSUED BY THE 2ND RESPONDENT DTD. 13-07-2011 EXHIBIT P2 COPY OF THE REPORT BY THE 2ND RESPONDENT BEFORE THE HUMAN RIGHTS COMMISSION. EXHIBIT P2(A) COPY OF THE COMMUNICATION BY FIRE AND RESCUE SERVICES. EXHIBIT P2(B) COPY OF THE COMMUNICATION BY THE 2ND RESPONDNET DATED 22-8-2011. EXHIBIT P3 COPY OF THE COMMUNICATION DATED 2209-2011 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P3(A) COPY OF THE COMMUNICATION DTD 15-112011 ISSUED BY THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS:
| EXHIBIT | R3(A) TRUE |
COPY OF LI | CENCE BY THE GRAMA |
|---|---|---|---|
| PANCH YEAR |
AYAT FOR THE 1992. |
YEAR ISSUED FOR THE | |
| EXHIBIT | R3(B) TRUE |
COPY OF LI | CENCE BY THE GRAMA |
| PANCH YEAR |
AYAT FOR THE 2012. |
YEAR ISSUED FOR THE | |
| EXHIBIT | R3(C) TRUE |
COPY OF THE | CONSENT TO OPERATE |
| ISSUE BOARD |
D BY THE . |
POLLUTION CONTROL | |
| EXHIBIT | R3(D) TRUE UNIT |
COPY OF SMA REGISTRATION. |
LL SCALE INDUSTRIAL |
WP(C) NO. 31771 OF 2011
5
//TRUE COPY//
PA TO JUDGE
2 issues framed by the court
Whether the court should intervene in the pollution grievance raised against the respondent's manufacturing unit.
What are the petitioners' remedies for alleged polluting activities?
Abdul Sathar
Mahin A.A.
Vazhakulam Grama Panchayat Marampally
Kerala State Pollution Control Board
P.A.Alikunjan
Mr. Justice P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
