Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945 WP(C) NO. 3210 OF 2024 PETITIONER:
ANITHA SUNIL, W/O.SUNIL KUMAR AGED 53 YEARS QUILON ROCK PRODUCTS, RESIDING AT TRIPTHY, PANKONAM, MUKHATHALA P.O., KOLLAM, PIN - 691577 BY ADVS.
B.MOHANLAL P.S.PREETHA ASWIN V. NAIR BLESSY MARY SEBASTIAN JAYAPRABHA ARJUN AJAY S. KOSHY RESPONDENTS:
1 STATE POLICE CHIEF POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014 2 THE CITY POLICE COMMISSIONER KOLLAM CITY, DISTRICT POLICE HEADQUARTERS, KOLLAM, PIN - 691001 3 THE ASSISTANT POLICE COMMISSIONER KOLLAM CITY, DISTRICT POLICE HEADQUARTERS, KOLLAM, PIN - 691001 4 THE STATION HOUSE OFFICER ANCHALUMOOD POLICE STATION, ANCHALUMOOD P.O., KOLLAM, PIN - 691601 5 THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, USHUS BUILDING, CHAMAKKADA, KOLLAM, PIN - 691001
W.P.(C).3210 of 2024& 710/2024 2 6 SRI.SIVAPRASAD THULASI VILASOM, KUREEPUZHA, KOLLAM, PIN - 691601 7 SMT.MINI THULASI VILASOM, KUREEPUZHA, KOLLAM, PIN - 691601 8 SRI.SHAJAHAN NADUVATHAZHIKATHU KIZHAKKATHIL, KUREEPUZHA, KOLLAM, PIN - 691601 9 SRI.SANAL KUMAR KOTTARA KIZHAKKATHIL, KUREEPUZHA, KOLLAM, PIN - 691601 10 SRI.BIJU KOTTARA KIZHAKKATHIL, KUREEPUZHA, KOLLAM, PIN - 691601 11 SRI.PANKAJAKSHAN SONU NIVAS, KUREEPUZHA, KOLLAM, PIN - 691601 12 SMT.RAJESWARI KOTTARA KIZHAKKATHIL, KUREEPUZHA, KOLLAM, PIN - 691601 BY ADVS.
UNNIKRISHNAN C UTHARA A.S(K/514/2019) NIDHI BALACHANDRAN(K/307/1999) VIJAYKRISHNAN S. MENON(K/001627/2019) VIVEK NAIR P.(K/1216/2021) GOUTHAM KRISHNA U.B.(K/1746/2020) SRI P M SHAMEER, GOVT.PLEADER, SRI T NAVEEN, SC FOR KERALA STATE POLLUTION CONTROL BOARD, SRI S SREEKUMAR(KOLLAM), SC FOR KOLLAM MUNICIPAL CORPORATION
W.P.(C).3210 of 2024& 710/2024 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2024, ALONG WITH WP(C).710/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).3210 of 2024& 710/2024 4 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945 WP(C) NO. 710 OF 2024 PETITIONERS:
1 SHEEBA SHAJAHAN, AGED 48 YEARS NADUVATHAZHIKATHU KIZHAKKATHIL, KUREEPUZHA, PERINADU (P.O.), PIN - 691601 2 SOBHA, AGED 49 YEARS THANDEKKAD JAYANTHI COLONY, KUREEPUZHA, PERINADU (P.O.), KOLLAM, PIN - 691601 3 PRADEEP KARUNAKARAN, AGED 49 YEARS MEMBER, KALARAJANI NAGAR RESIDENCE ASSOCIATION, RESIDING AT PRADEEP BHAVANAM, KUREEPUZHA, PERINADU (P.O.), KOLLAM, PIN - 691601 BY ADVS.
C.UNNIKRISHNAN (KOLLAM) NIDHI BALACHANDRAN UTHARA A.S VIJAYKRISHNAN S. MENON VIVEK NAIR P.
GOUTHAM KRISHNA U.B.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY IT'S SECRETARY TO GOVERNMENT, DEPARTMENT OF ENVIRONMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
W.P.(C).3210 of 2024& 710/2024 5 2 THE DISTRICT COLLECTOR, KOLLAM DISTRICT, COLLECTORATE, KOLLAM, PIN - 691013 3 THE CORPORATION OF KOLLAM, REPRESENTED BY IT'S SECRETARY, KOLLAM, PIN - 691001 4 KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS BOARD SECRETARY, PATTOM, THIRUVANANTHAPURAM, PIN - 695004 5 THE DISTRICT OFFICER, KERALA STATE POLLUTION CONTROL BOARD, USHUS BUILDING, BIG BAZAR KOLLAM, PIN - 691001 6 DISTRICT MEDICAL OFFICER, KOLLAM, DISTRICT MEDICAL OFFICE (HEALTH), ANANDAVALLEESWARAM, VAIDYA NAGAR, KOLLAM, PIN - 691013 7 HEALTH INSPECTOR, HRIKKADAVOOR ZONAL OFFICE, ANCHALUMMOOD, KOLLAM, PIN - 691601 8 * SMT. AMBIKADEVI T.G., *CORRERCTED ANJANEYAM (KARAB 12), SREEKARYAM (P.O.), THIRUVANANTHAPURAM * SMT.AMBALIKA DEVA, ANJANEYAM (KARAB 12), SREEKARYAM (P.O.,) THIRUVANANTHAPUAM, PIN - 695017 (THE NAME OF THE 8TH RESPONDENT IS CORRECTED AS 'SMT.AMBALIKA DEVI' INSTEAD OF SMT.AMBIKA DEVI' AS PER ORDER DATED 09-02-2024 IN IA 4/24 IN WPC), PIN - 695017 9 ADDL.R9. SMT. ANITHA SUNIL, QUILON ROCK PRODUCTS, RESIDING AT TRIPTHY, PANKONAM, MUKHATHALA P.O., KOLLAM - 691577 (IMPLEADED AS PER ORDER DATED 09-02-2024 IN IA 1/24 IN WPC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2024, ALONG WITH WP(C).3210/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).3210 of 2024& 710/2024 6 JUDGMENT [WP(C) Nos.3210/2024, 710/2024] The petitioner in W.P.(C) No. 3210/2025 is a woman entrepreneur. She has obtained Ext.P4 consent to operate from the Kerala Pollution Control Board to conduct the business of storage and sale of rock products in the name and style as ‘Quilon Rock Products.’ She states that for carrying out the business, she has entered into Ext.P2 agreement with a certain Smt. Ambalika Devi. She asserts that she has obtained Ext.P3 registration from the District Geologist for conducting a sales depot and for storing rock products. Ext.P4 dealer’s license has also been issued by the District Geologist to the petitioner.
Her grievance in this writ petition concerns the obstruction being caused by the 6th respondent to the smooth conduct of business.
2.
The petitioner asserts that a complaint was lodged by the 6th respondent before the Environmental Engineer, and in pursuance to the same, Ext.P6 notice was issued to her calling for explanation. Ext.P7 explanation was submitted by the petitioner, and time was sought to rectify the defects pointed out in Ext.P6. It is stated that the 6th respondent is obstructing the petitioner
W.P.(C).3210 of 2024& 710/2024 7 and is not permitting her to cure the defects highlighted by the PCB.
In the said circumstances, Ext.P8 request was submitted seeking more time to cure the defects.
The petitioner asserts that on 21.1.2024, the 6th respondent along with his men, trespassed into the unit of the petitioner and caused destruction of the sprinkler and other equipment. Seeking police assistance to carry out the work, the petitioner approached the 4th respondent and lodged Ext.P9 complaint. It is stated that the 5th respondent has now issued Ext.P10 model site plan and has issued directions to carry out the directives issued by the PCB before commencing the operation of the business. It is on these assertions that this writ petition is filed seeking issuance of directions to respondents 1 to 4 to afford adequate protection to the life and property of the petitioner and her workers and to rectify the defect pointed out by the 5th respondent and to carry out the business without any obstruction.
3.
The petitioners in W.P.(C) No.710/2024 are nearby residents of the area where the petitioner in W.P.(C) No. 3210/2024 has established her business. According to the petitioners, the business is sought to be established in a thickly populated area and if she succeeds, serious inconvenience would be caused to the nearby residents, including the petitioners. It is stated that the
W.P.(C).3210 of 2024& 710/2024 8 running of a crusher waste unit would generate fugitive waste and it would pollute the environment and cause serious health risks to the residents of the area.
In the said circumstances, the petitioners are stated to have lodged Exts.P1 to P5 complaints before the statutory authorities.
The petitioners assert that based on the complaint submitted by them, the PCB has revoked the consent to operate and has issued directions to rectify the defects. It is further stated that the consent to operate was obtained by furnishing a fake site plan, and this fact would be evident from the subsequent directives issued by the PCB. It is on these assertions that the writ petition is filed seeking issuance of directions to the respondents not to permit the respondents in the writ petition from commencing the crusher waste unit in the area.
4.
As the issues raised in these writ petitions are closely intertwined, both these writ petitions are taken up and disposed of by a common judgment.
Parties and exhibits shall be referred to as described in W.P.(C) No. 3210/2024.
5.
Sri. Mohan Lal, the learned counsel appearing for the petitioner, submitted that the petitioner shall commence the business only after compliance with the directives issued by the PCB. It is submitted that on receipt of Ext.P6 intention to revoke, the petitioner had approached the PCB and had
W.P.(C).3210 of 2024& 710/2024 9 offered to take corrective measures, which include providing of compound wall in the periphery, provisions for water storage, installation of garden net fencing of 12 feet height, dust suppression system and to take measures to reduce fugitive emissions during operation.
A fresh sketch was also prepared.
It is submitted that when the petitioner attempted to carry out the remedial measures, the party respondent and his men objected to the same.
It is submitted that unless assistance is granted by the police, the petitioner may not be able to carry out the directions issued by the PCB.
6.
Sri.
C.Unnikrishnan, the learned counsel, submitted that the petitioner had obtained the consent to operate by filing a false affidavit and by submitting a bogus plan. It is submitted that the attempt of the petitioner is to commence the activities without complying with the conditions imposed by the PCB. It is submitted that detailed complaints have been submitted before the local authority as well as the statutory authorities to interdict the petitioner from commencing the operation in a thickly populated area.
7.
Sri.
T.
Naveen, the learned counsel appearing for the PCB submitted that specific directions have been issued to the petitioner to comply with the conditions imposed in the consent to operate. It is further submitted
W.P.(C).3210 of 2024& 710/2024 10 that the PCB has not revoked the consent as of date. A fresh inspection would be carried out after the petitioner complies with the conditions in the consent to operate.
8.
I have considered the submissions advanced.
I find that the petitioner has obtained all permits and licenses as per the statute.
The PCB has also issued the consent to operate.
Admittedly, the petitioner has not so far complied with the conditions in the consent to operate. In the consent, the PCB has insisted that suitable species of trees and curtain plants shall be planted and maintained within the periphery, and the petitioner was also directed to take corrective measures, which include providing a compound wall in the periphery, provisions for water storage, installation of garden net fencing of 12 feet height, dust suppression system and to take measures to reduce fugitive emissions during operation, etc. I find that the grievance of the petitioner is that when they attempted to comply with the conditions imposed, obstructions were being caused by respondents 6 to 12.
The petitioner is entitled to commence the business only after getting fresh concurrence from the PCB. In that view of the matter, there is no justification on the part of the party respondents to obstruct the attempt of the petitioner to take corrective
W.P.(C).3210 of 2024& 710/2024 11 measures.
As long as the permits and licenses issued to the petitioner by the statutory authorities are in force, she is entitled to commence her business without any obstruction from any quarter.
I am of the view that necessary directions can be issued to the 4th respondent to grant necessary assistance to the petitioner to carry out the works as directed by the PCB in the consent to operate or such other further directions.
The petitioner shall carry out the works and thereafter obtain an order from the Environmental Engineer that the conditions in the consent to operate have been complied with. Only thereafter shall the petitioner commence the commercial operation.
9.
Resultantly, these writ petitions are disposed of and the following directions are issued:
a) W.P.(C) No. 3210/2024 is disposed of directing the 4th respondent to grant necessary assistance to the petitioner and the workers engaged by her to comply with the conditions imposed in Exts.P1 to P3 and P5 without any obstruction or hindrance from respondents 6 to 12.
b) After rectifying the defects pointed out by the PCB an inspection of the premises shall be carried out by the 5th respondent, the Environmental Engineer, who shall satisfy himself that the directions
W.P.(C).3210 of 2024& 710/2024 12 have been complied with.
c) Only after getting the written concurrence from the 5th respondent shall the petitioner commence the commercial operation of the unit covered under Exts.P1 to P3.
d) In view of the directions issued above, no further directions are required to be issued in W.P.(C) No.710/2014.
Sd/- RAJA VIJAYARAGHAVAN V, JUDGE PS/15/3/24
W.P.(C).3210 of 2024& 710/2024 13 APPENDIX OF WP(C) 3210/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE GST REGISTRATION NO.32AMPPS6881AIZT DATED 07/08/2020 ISSUED BY THE GST DEPARTMENT TO THE PETITIONER Exhibit P2 THE TRUE COPY OF THE AGREEMENT DATED 20.04.2023 EXECUTED BETWEEN THE SMT.AMBALIKA DEVI AND THE PETITIONER Exhibit P3 THE TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE DISTRICT GEOLOGIST, KOLLAM DATED 17.05.2023 Exhibit P4 THE TRUE COPY OF THE DEALERS LICENSE DATED 26.05.2023 ISSUED BY THE DISTRICT GEOLOGIST, KOLLAM Exhibit P5 .
THE TRUE COPY OF THE CONSENT NO.KSPCB/KL/ICO/10033354/2023 DATED 22.07.2023 ISSUED BY THE 5TH RESPONDENT Exhibit P6 THE TRUE COPY OF THE NOTICE NO.KSPCB/KLICO/10033354/2023 DATED 06.12.2023 ISSUED BY THE 5TH RESPONDENT Exhibit P7 THE TRUE COPY OF THE REPLY DATED 18/12/2023 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT Exhibit P8 THE TRUE COPY OF THE APPLICATION DATED 17.01.2024 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT Exhibit P9 THE TRUE COPY OF THE COMPLAINT ALONG WITH THE RECEIPT DATED 22.01.2024 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT
W.P.(C).3210 of 2024& 710/2024 14 Exhibit P10 THE TRUE COPY OF THE MODEL SITE PLAN ISSUED BY 5TH RESPONDENT TO THE PETITIONER RESPONDENT EXHIBITS EXHIBIT R9 (a) A TRUE COPY OF THE CONSENT TO OPERATE AND ATTACHED FILES RELATING TO INSPECTION OF THE UNIT BASED ON THE COMPLAINT OF THE RESIDENTS ISSUED UNDER RTI ACT EXHIBIT R6(A) A TRUE COPY OF THE CONSENT TO OPERATE AND ATTACHED FILES RELATING TO INSPECTION OF THE UNIT BASED ON THE COMPLAINT OF THE RESIDENTS ISSUED UNDER RTI ACT
W.P.(C).3210 of 2024& 710/2024 15 APPENDIX OF WP(C) 710/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 18/08/2023 SUBMITTED B Y THE 1ST AND 2ND PETITIONERS BEFORE THE DISTRICT COLLECTOR, KOLLAM Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 13/02/2023 SUBMITTED BY KALARANJINI NAGAR CORPORATION, KUREEPUZHA BEFORE THE SECRETARY, KOLLAM CORPORATION Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 13/02/2023 SUBMITTED KALARANJINI NAGAR RESIDENTS ASSOCIATION, KUREEPUZHA BEFORE THE CHIEF OFFICER, POLLUTION CONTROL BOARD Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 13/02/2023 SUBMITTED BY KALARANJINI NAGAR RESIDENTS ASSOCIATION, KUREEPUZHA BEFORE THE DISTRICT COLLECTOR, KOLLAM Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 13/02/2023 SUBMITTED BY KALARANJINI NAGAR RESIDENTS ASSOCIATION, KUREEPUZHA BEFORE THE HEALTH INSPECTOR, THRIKKADAVUR ZONAL OFFICE Exhibit P6 TRUE COPY OF THE COMMUNICATION NO.
DCKLM/12303/2023-L17 DATED 10/10/2023 ISSUED BY THE DISTRICT COLLECTOR, KOLLAM Exhibit P7 A TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE POLLUTION CONTROL BOARD AND MINUTES OF THE 5TH RESPONDENT POLLUTION CONTROL BOARD DATED 22-7-2023
W.P.(C).3210 of 2024& 710/2024 16 Exhibit P8 A TRUE COPY OF THE NOTICE OF INTENTION TO REVOKE THE INTEGRATED CONSENT TO OPERATE DATED 6/12/23 ISSUED BY THE POLLUTION CONTROL BOARD