Local residents complained of pollution from a chicken waste rendering unit operated by the fifth respondent. The court disposed of the petition directing the Panchayat Secretary to consider their representation after notice to the parties and decide within two months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 10TH DAY OF JANUARY 2024 / 20TH POUSHA, 1945
WP(C) NO. 5418 OF 2023
PETITIONER/S:
1 TOMY, AGED 55 YEARS, S/O JOSEPH, KOLLIYIL HOUSE, PULLIPADAM.P.O,MAMPAD,MALAPURAM DISTRICT., PIN - 6765422 RAJESH.K, AGED 36 YEARS, S/O KUMAR DAS, MUNDAMTHODU HOUSE, VEETTIKUNNU,PULLIPADAM.P.O, MAMPAD,MALAPURAM DISTRICT., PIN - 6765423 KUTTAN.J, AGED 44 YEARS, S/O UNNEESAN, MADAM COLONY, PULLIPADAM.P.O,MAMPAD,MALAPURAM DISTRICT., PIN - 6765424 AJIMON, AGED 32 YEARS, S/O ACHANKUNJU,CHARUVILA, PUTHEN VEEDU,PALAKADAVU,PULLIPADAM.P.O, MAMPAD,MALAPURAM DISTRICT., PIN - 6765425 MATHEW THOMAS, AGED 52 YEARS, S/O THOMMAN , MARATTATHIL,PALAKADAVU,PULLIPADAM.P.O,MAMPAD, MALAPURAM DISTRICT., PIN - 676542BY ADVS.K.S.RAJESH
M.SHAJU PURUSHOTHAMAN
RESPONDENT/S:
1 MAMPAD GRAMA PANCHAYAT, REP.BYIT'S SECRETARY, P.O. MAMPAD,MALAPURRAM DISTICT,PIN-676542.2 THE SECRETARY MAMPAD GRAMA PANCHAYAT,REP.BYIT'S SECRETARY, P.O. MAMPAD,MALAPURRAM DISTICT., PIN - 6765423 THE ENVIRONMENTAL ENGINEER STATE POLLUTION CONTROL BOARD,MALAPURRAM DISTICT, PIN676505, PIN - 6765054 DISTRICT LEVEL FACILITATION AND MONITORING COMMITTEE [DLMC] CONVENER AND DISTRICT COODINATOR,SUCHITWA MISSION, KUNNUMEL.P.O,MALAPURAM DISTRICT., PIN - 6765055 FIYAS BABU.C.K, PROPRIETOR,M/S BETON PROTEINS, PULLIPPADAM VILLAGE,MALAPPURAM DISTRICT., PIN - 676542 BY ADVS. K.M SATHYANATHA MENON K.M K.RAKESH – R5 SRI. T. NAVEEN , SCTHIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5418 OF 2023 2
JUDGMENT
The petitioners, who are local residents of the Mampat Grama Panchayat in Malappuram district had filed Ext.P4 representation, along with several others, complaining about the pollution caused by the 5th respondent who is stated to be operating a ‘chicken waste rendering unit’.
‘’എന്നാൽ പരാതിക്കാരെര നേ�രിട ് ട നേ�ൾക്കാ�ും തുടർ�ടപടി�ൾ ആവശ്യമാരെ�ങ്കിൽ കൈ�രെ�ാള്ളാ�ും �ിയമപരമായ ബാധ്യത �ിർവഹിക്കാൻ ഇ�ിയും തയാറാ�് എന്നുമുള്ള വിവരം താങ്കരെ$ അറിയിക്കുന്നു . പ്രസ്തുത വിവരം പരാതിയിരെ' മറ്റു �ക്ഷി�രെ$ �ൂടി അറിയിക്കുന്നതി�്താങ്കരെ$ ചുമത'രെ,ടുത്തുന്നു .’’
Learned counsel submits that the petitioners will be satisfied, if a direction is issued to the 2nd respondent to consider Ext.P4, after notice to the petitioners, to the 5th respondent and also to the 3rd respondent.
WP(C) NO. 5418 OF 2023 3
respondent, I am of the view that no prejudice, whatsoever, will be caused to any party, if the relief now sought for by the petitioners is granted. Even in Ext.P5 issued to the petitioners by the Panchayat, the Panchayat has stated that the Panchayat is willing to consider the grievances raised by the petitioners and take corrective actions, if necessary.
Accordingly, the writ petition will stand disposed of, directing the 2nd respondent to consider Ext.P4, with notice to the petitioners, to the 3rd respondent as also to the 5th respondent and take a decision thereon, in accordance with the law, within a period of two months from the date of receipt of a certified copy of this judgment.
Sd/-
GOPINATH P. JUDGE
ajt
WP(C) NO. 5418 OF 2023 4
APPENDIX OF WP(C) 5418/2023
PETITIONER EXHIBITS |
|
|---|---|
Exhibit P1 |
THE TRUE COPY OF THE PHOTOGRAPHS SHOWING THESMOKE EMITTING FROM THE UNIT AT THE TIME OFFUNCTIONING |
Exhibit P2 |
A TRUE COPY OF REPRESENTATION DATED 1.8.2022GIVEN TO THE 2ND RESPONDENT PANCHAYATSECRETARY SIGNED BY 444 LOCAL PEOPLE |
Exhibit P3 |
A TRUE COPY OF THE GO[MS]NO:227/2021/LGGDDATED 7.10.2021 |
Exhibit P4 |
A TRUE COPY OF THE REPRESENTATION DATED13.12.2022 GIVEN TO THE 2ND RESPONDENT |
Exhibit P5 |
A TRUE COPY OF THE REPLY DATED 19.12.2022ISSUED BY THE 2ND RESPONDENT |
RESPONDENT EXHIBITS |
|
Exhibit R2(a) |
A true copy of the consent to operate issuedby the Kerala state pollution control boarddated 28.09.2021 |
Exhibit R2(b) |
A true copy of the order No.1094/2021/D.S.Mdated 03.03.2022 issued by the DLFMC Convenerand District Co-ordinator of ShuchitvaMission, Malappuram |
Exhibit R2(c) |
A true copy of the stop memo issued by the2nd respondent to the 5th respondent dated29.08.2022 |
Exhibit R2(d) |
A true copy of the letter dated 16.09.2022filed by the manager of 5th respondent unit |
Exhibit R2(e) |
A true copy of the letter issued by the 2ndrespondent to the Health Inspector, PHCMampad dated 19.09.2022 |
Exhibit R2(f) |
A true copy of the receipt No.1220501292/G100301 dated 01.11.2022 issued to the 5threspondent receiving the amount of Rs.10,000/- as penalty |
Exhibit R2(g) |
A true copy of the minutes of the meeting ofthe District Level Facilitation AndMonitoring Committee (DLFMC) dated 2.11.2022 |
1 issue framed by the court
Whether the Panchayat Secretary should be directed to consider the residents' representation against pollution from a chicken waste rendering unit after notice to all parties.
TOMY
RAJESH.K
KUTTAN.J
AJIMON
MATHEW THOMAS
MAMPAD GRAMA PANCHAYAT
GOPINATH P.
As recorded by the court registry
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