Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 5TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945 WP(C) NO. 43579 OF 2023 PETITIONER:
J.SHEBA JACOB, ADVOCATE, AGED 57 YEARS ADVOCATE KAROT NADUVILEPARAMBIL, RUBBER BOARD P.O., KOTTAYAM, PIN - 689009 BY ADVS.
N.KRISHNA PRASAD P.SHANES METHAR PUSHPARAJ.K.P JOHN K.GEORGE(K/0000142/1979) RESPONDENTS:
1 THE ENVIORNMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOTTAYAM, PIN - 686001 2 PUTHUPPALLY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PUTHUPPALLY P.O., KOTTAYAM - 686011 3 THE DISTRICT COLLECTOR, COLLECTORATE BUILDING, KOTTAYAM - 686002 4 DISTRICT MEDICAL OFFICER, DMO OFFICE, COLLECTORATE BUILDING, KOTTAYAM - 686001 5 EAPEN VARKEY , PROPRIETOR, ST. ANN'S BAKERY AND BORMA, PERUMKAVU ROAD, THEVARADYIL HOUSE, RUBBER BOARD P. O., KOTTAYAM, PIN - 686009 BY ADVS.
NAVEEN T
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K.S.ARUN KUMAR IRFAN ZIRAJ P.M.ZIRAJ ALEN J. CHERUVIL SR.GP.SRI.E.G.GORDEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT The writ petition is filed for the following relief.
“a. To issue a writ of mandamus directing the second respondent to implement the Ext.P10 order forthwith. To issue any other order this honourable court may deem fit and proper in the facts and circumstances. ” 2. Pursuant to the direction issued by this Court on 07.02.2024, the Pollution Control Board has filed an additional report and paragraph ‘8’ thereof reads as follows:
“8. It is respectfully submitted that the unit has provided adequate facilities,
including
Effluent Treatment Plant to contain pollution from the unit. Based on the
WP(C) NO. 43579 OF 2023 : 4 :
inspection,
the
following recommendations are made to abate pollution, if any, from the unit:
a. The accommodation of the workers should be shifted from the unit to another suitable place.
b. As per the consent renewal application submitted, the unit manufactures only puffs, bread, bun and Rusk in the unit. Hence, only these items should be produced in the unit. Apart from these, other bakery/ sweet product shall not be baked in the unit. If the Unit confines their products as said above there will not be any requirement for burning of left over oil.
c.
The unit should install separate cumulative type flow meter and energy meter for the ETP and should ensure proper operation of the Effluent Treatment Plant so as to maintain the quality of effluent discharge in compliance with the standards of the Boards. Also the
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Unit should conduct periodical maintenance of all units of the ETP to ensure smooth and trouble-free running of entire treatment plant.
All the facts stated above are true to the best of my knowledge, information and belief.” 3. The learned counsel for the 5th respondent submits that the 5th respondent will comply with all the recommendations of the Board referred to above and will confine the operation of the unit to Borma only and the compliance will be intimated to the 1st respondent. On receiving such intimation from the 5th respondent, the 1st respondent shall issue consent to operate, if the 5th respondent is otherwise eligible for the same. This shall be done within a period of two weeks from the date of intimation as above. If the petitioner has got any
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further grievance, it will be open to her to approach the appropriate authorities.
The writ petition is disposed of.
Sd/- MURALI PURUSHOTHAMAN JUDGE SB
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APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CIRCULAR DATED 31.8.2016 ALONG WITH THE RELEVANT EXTRACT OF THE REVISED CLASSIFICATION OF INDUSTRIES Exhibit P2 TRUE COPY OF THE INFORMATION SOUGHT FOR RTI ACT BY THE PETITIONER DATED 5/6/2018 Exhibit P3 TRUE COPY OF THE REPLY DATED 25/6/2018 Exhibit P4 TRUE COPY OF THE COMMUNICATION OF THE PETITIONER TO THE SECOND RESPONDENT DATED 4.6.2018 Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 4/7/2018 Exhibit P6 TRUE COPY OF THE PHOTOGRAPH Exhibit P7 A TRUE COPY OF THE JUDGEMENT DATED 17/9/2018 IN WP© 30435 OF 2018 Exhibit P8 TRUE COPY OF THE ORDER DATED 3.12.2018 Exhibit P9 TRUE COPY OF THE ORDER PASSED BY THE FOURTH RESPONDENT, DMO, DATED 24/01/2020 Exhibit P10 A TRUE COPY OF THE ORDER PASSED BY THE SECOND RESPONDENT DATED 3.3.2020 Exhibit P11 TRUE COPY OF THE ORDER PASSED BY THE KOTTAYAM RDO DATED 20.12.2018 EXHIBIT P12 A TRUE COPY OF THE LETTER DATED 05/01/2024 EXHIBIT P13 TRUE COPIES OF THE TWO PHOTOGRAPHS EXHIBIT P13 (A) TRUE COPIES OF THE 4 PHOTOGRAPHS OF THE BUILDINGS WHERE THE BUSINESSES OF BAKERIES, RESTAURANTS, HOTEL OWNED BY THE 5TH RESPONDENT
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EXHIBIT P13 (B) TRUE COPY OF THE 3 PHOTOGRAPHS RESPONDENT EXHIBITS EXHIBIT R5(A) TRUE COPY OF THE PANCHAYAT LICENCE BEARING NO:
400509/RPTL20/GPO/2023/3779 DATED 14.04.2023 OBTAINED FROM THE SECOND RESPONDENT EXHIBIT R5(B) TRUE COPY OF THE ENTIRE CIRCULAR ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD BEARING NO: PCB/T4/115/97(3) DATED 31.08.2016 EXHIBIT R5(C) TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD BEARING NO. PCB/KTM/ICO/G18KOT 688647/2022 DATED 22/02/2022 EXHIBIT R5(D) TRUE COPY OF THE FSSAI LICENCE BEARING 11320005000125 DATED 03/03/2020 EXHIBIT R5(E) TRUE COPY OF THE USER FEE CARD OF HARITHA KERALA MISSION, HARITHA GRAMAM CLEAN PUTHUPALLY PROJECT OF THE FIFTH RESPONDENT EXHIBIT R5(F) TRUE COPY OF THE GST REGISTRATION OF THE FIFTHRESPONDENT'S
ESTABLISHMENT
DATED 17/07/2018 EXHIBIT R5(G ) TRUE COPY OF THE ORDER DATED 31.10.2019 ON THE FILE OF THE DISTRICT AND SESSIONS JUDGE KOTTAYAM EXHIBIT R5(H) TRUE COPY OF THE RECEIPT DATED 18.01.2024 WITH RESPECT TO SUBMISSION OF REPLY BY THE APPLICANT BEFORE THE FIRST RESPONDENT ANNEXURE R1(A) TRUE
COPY
OF
THE
LETTER
NO.
PCB/KTM/COMP/CC03/2024 DATED 5-1-2024 ISSUED BY THE POLLUTION CONTROL BOARD.
ANNEXURE R1(B) TRUE COPY
OF THE
COMMUNICATION NO.
PCB/KTM/COMP/CC03/2024 DATED 20-1-2024 ISSUED BY THE POLLUTION CONTROL BOARD.
WP(C) NO. 43579 OF 2023 : 9 :
ANNEXURE R1(C) TRUE COPY OF THE NOTICE OF INSPECTION NO.
PCB/KTM/COMP/CC03/2024 DATED 24-1-2024 ISSUED BY THE POLLUTION CONTROL BOARD.
ANNEXURE R1(D) TRUE COPY OF THE NOTICE OF INSPECTION NO.
PCB/KTM/COMP/CC03/2024 DATED 8-2-2024 ISSUED BY THE POLLUTION CONTROL BOARD.
ANNEXURE R1(E) TRUE COPY OF THE USER FEE CARD ISSUED BY THE HARITHA KARMA SENA.
ANNEXURE R1(F) TRUE COPY OF THE AGREEMENT DATED 23-1-2024 ENTERED BETWEEN M/S. ST. ANNES BORMA AND M/S.
TRIECO GREEN PVT. LTD.
ANNEXURE R1(G) TRUE COPY OF THE ANALYSIS REPORT NO. 2194 DATED 5-2-2024, ISSUED BY THE PCB, OF THE SAMPLES TAKEN ON 25-1-2024.