Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 4TH DAY OF JANUARY 2023 / 14TH POUSHA, 1944 WP(C) NO. 42413 OF 2022 PETITIONERS:
1 RIZAD.R., AGED 39 YEARS S/O.RAHIM, CHURAVIL HOUSE, THEKKEMURI, SHOORANAD NORTH P.O., KOLLAM - 690561.
2 ANAS.R., AGED 39 YEARS, S/O.BASHEER, ANAS NIVAS, THEKKEMURI, SHOORANAD NORTH P.O., KOLLAM - 690561.
BY ADVS.
P.SANJAY A.PARVATHI MENON BIJU MEENATTOOR PAUL VARGHESE (PALLATH) KIRAN NARAYANAN RAHUL RAJ P.
PRASOON SUNNY RESPONDENTS:
1 KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS CHAIRMAN, HEAD OFFICE, PATTOM P.O., THIRUVANANTHAPURAM DISTRICT, KERALA - 695 004.
2 THE ENVIRONMENTAL ENGINEER DISTRICT OFFICE, THE KERALA STATE POLLUTION CONTROL BOARD, USHUS BUILDING, BIG BAZAR, KOLLAM DISTRICT, PIN - 691001.
3 GENERAL MANAGER, DIC, DISTRICT INDUSTRIES CENTER, KOLLAM DISTRICT, PIN - 691001.
ADDL R4 AIR (PREVENTION AND CONTROL OF POLLUTION) APPELLATE AUTHORITY, KERALA STATE POLLUTION CONTROL BOARD PATTOM P.O THIRUVANANTHAPURAM – 695004 IS IMPLEADED AS PER ORDER DATED 04.01.2023 IN I.A.NO.2 OF 2023 SRI.T.NAVEEN (SC) R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.42413 of OF 2022 2 JUDGMENT Dated this the 4th day of January, 2023 The petitioners are the Managing Partners of Malabar Industries, a Small Scale Industrial Unit, functioning with all requisite licences including the Consent from the Pollution Control Board (PCB). No pollution is caused under the manufacturing process and no effluents are discharged.
2.
The petitioners state that some local people having the support of a political party started creating nuisance and threats. The petitioners had to obtain police protection order from this Court. Now, they are raising frivolous complaints to stop the smooth functioning of the Unit.
3.
Pursuant to repeated complaints, the PCB had directed petitioners to carry out slight modification by closing down the open windows of the Unit using suitable materials, which was duly complied with. Later, based on the requests of
WP(C) NO.42413 of OF 2022 3 the complainants, petitioners were asked to use hollow bricks and concrete. Though petitioners sought reasonable time, that was not granted. The petitioners engaged additional work force and expeditiously carried out the work incurring huge expense.
4.
Now, without conducting a proper inspection, a notice dated 15.12.2022 has been issued by the 2nd respondent revoking the integrated Consent to Operate issued to the petitioners. Being a start-up Firm with huge loan and 27 employees, the petitioners are struggling to survive. If the functioning is stopped, the petitioners will be put to untold hardship and loss.
5.
Standing Counsel for respondents 1 and 2 entered appearance and resisted the writ petition. It is pointed out that complaints were received against the Industry of the petitioners.
The unit was inspected on 25.06.2022. It was after noticing that air pollution measures provided there were not adequate, that a direction was given to the petitioners. The petitioners failed to take necessary corrective measures. In such circumstances that
WP(C) NO.42413 of OF 2022 4 a notice of intention of withdrawal of Consent to Operate was issued to the petitioners on 10.11.2022. Inspection was conducted pursuant to the orders of this Court in W.P.(C) No.17063 of 2022. It was after conducting an inspection and after hearing the petitioners that Ext.P18 has been issued.
Ext.P18 is not liable to be set aside on any of the grounds urged by the petitioners, contended the Standing Counsel.
6.
I have heard the learned counsel for the petitioners and the learned Standing Counsel representing respondents 1 and 2.
7.
From the pleadings, it is evident that the petitioners have now preferred Ext.P19 appeal before the additional 4th respondent-Air (Prevention and Control of Pollution) Appellate Authority, as Appeal No.23 of 2022. As the petitioners have preferred a statutory appeal, this Court is of the view that it is not necessary for this Court to adjudicate the legality of Ext.P18 at this stage. It will be sufficient if the appellate authority is directed to consider the statutory appeal preferred by the petitioners and
WP(C) NO.42413 of OF 2022 5 dispose of the same in accordance with law.
The writ petition is therefore disposed of directing the additional 4th respondent to consider Ext.P19 appeal and dispose of the same expeditiously. The appellate authority shall consider the interim stay petition made by the petitioners in Ext.P19 within a period of two months and pass appropriate orders thereon. Till orders are passed on the interim stay petition or in the appeal, implementation of Ext.P18 will be kept in abeyance.
sd/- N.NAGARESH JUDGE hmh
WP(C) NO.42413 of OF 2022 6 APPENDIX OF WP(C) 42413/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE K-SWIFT CERTIFICATE ISSUED BY THE RESPONDENT DATED 26/02/2022.
Exhibit P2 TRUE COPY OF THE KERALA GAZETTE VOLUME 8 DATED 07/12/2019.
Exhibit P3 TRUE COPY OF THE CONSENT LETTER ISSUED BY THE 2ND RESPONDENT DATED 24/02/2022.
Exhibit P4 TRUE COPY OF THE LOCATION SKETCH.
Exhibit P5 TRUE COPY OF THE AUTHORIZATION PERMIT ISSUED BY THE 2ND RESPONDENT DATED 03/05/2022.
Exhibit P6 TRUE COPY OF THE CERTIFICATE DATED 15/05/2022.
Exhibit P7 TRUE COPY OF THE GST REGISTRATION NO.32ABLFM4839R1ZI OBTAINED BY THESE RESPONDENTS DATED 16/10/2021.
Exhibit P8 TRUE COPY OF THE INTERIM ORDER IN WPC.NO.19917/2022 DATED 24/06/2022.
Exhibit P9 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 04/08/20 BEARING NO.PCB/KO/NOC/070/2022.
Exhibit P10 TRUE COPY OF THE LETTER DATED 29/06/2022 BEARING NO.PCB/KO/NOC/070/2022.
Exhibit P11 TRUE COPY OF THE REQUEST SUBMITTED BY THE 1ST PETITIONER TO 2ND RESPONDENT DATED NIL.
Exhibit P12 TRUE COPY OF THE NOTICE OF INTENTION OF WITHDRAWAL CONSENT TO OPERATE DATED 10/11/2022 BEARING NO.PCB/KO/NOC/070/2022.
Exhibit P13 TRUE COPY OF THE ORDER IN WPC.NO.17063/2022 DATED 25/11/2022.
Exhibit P14 TRUE COPY OF THE REPRESENTATION GIVEN TO THE 1ST RESPONDENT DATED NIL.
Exhibit P15 TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT DATED 13/12/2022.
WP(C) NO.42413 of OF 2022 7 EXHIBIT P16 TRUE COPY OF THE PHOTOGRAPHS FOR ONGOING WORK EXHIBIT P17 TRUE COPY OF THE REPRESENTATION DATED 14.12.2022 GIVEN BY THE PETITIONERS TO 2ND RESPONDENT Exhibit P18 TRUE COPY OF THE CONSENT REVOCATION ORDER DATED 15/12/2022 BEARING NO.PCB/KO/NOC/070/2022.
Exhibit P19 TRUE COPY OF THE APPEAL BEARING NO.
23/2022 DATED 28/12/2022 IS PRODUCED HEREWITH