Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 16TH DAY OF DECEMBER 2021 / 25TH AGRAHAYANA, 1943 WP(C) NO. 20094 OF 2021 PETITIONER:
AJIMOL.P., AGED 48 YEARS, W/O.SAJI.K.Y., PROPRIETOR, KEEZHOOT CONSTRUCTIONS AND HIRING CENTRE, PATTAZHI, RESIDING AT KEEZHOOT PUTHEN VEEDU, THAZHATHU VADAKKU, PATTAZHI P.O., KOTTARAKKARA, KOLLAM DISTRICT.
BY ADV B.MOHANLAL RESPONDENTS:
1 THE STATE POLICE CHIEF, POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT POLICE CHIEF, KOLLAM RURAL, KOTTARAKKARA P.O., KOLLAM-691 506.
3 THE STATION HOUSE OFFICER, KUNNICODE POLICE STATION, KUNNICODE P.O., KOLLAM-691 508.
4 SRI.BABU LUKOSE, S/O.LUKOSE, PULIMOOTTIL HOUSE, ARATTUPUZHA, PATTAZHI P.O., KOLLAM-691 522.
5 SMT.SHERLY BABU, W/O.BABU LUCKOSE, PULIMOOTTIL HOUSE, ARATTUPUZHA, PATTAZHI P.O., KOLLAM-691 522.
6 SRI.SHEBIN BABU, S/O.BABU LUCKOSE, PULIMOOTTIL HOUSE, ARATTUPUZHA, PATTAZHI P.O., KOLLAM-691 522.
7 SMT.ANCHU SHERIN, W/O.SHERIN BABU, PULIMOOTTIL HOUSE, ARATTUPUZHA, PATTAZHI P.O., KOLLAM-691 522.
8 SRI.SHERIN BABU, S/O.BABU LUCKOSE, PULIMOOTTIL HOUSE, ARATTUPUZHA, PATTAZHI P.O., KOLLAM-691 522.
*ADDL.R9 THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, USHUS BUILDING, BIG BAZAR, KOLLAM – 691 001.
*ADDL.R9 IS IMPLEADED AS PER ORDER DATED 16.12.2021 IN
WP(C) NO. 20094 OF 2021 -2- IA NO.1/2021 IN WP(C)NO.20094/2021 BY ADVS.SEBIN THOMAS, S RI.T.NAVEEN SC AMITH K.S ARUN SEBASTIAN SRI.E.C.BINEESH .G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20094 OF 2021 -3- JUDGMENT The petitioner says that she is running a business of letting of hire construction materials and machinery, on the strength of all relevant documents, consents and permissions; but that in spite of this, she and her employees are being constantly harassed and intimidated by respondents 4 to 8, who are the neighbours of the area where her Unit is functioning, without any reason; and consequently, that she was constrained to approach the 3rd respondent – Sub Inspector of Police, through Ext.P7, seeking protection, but that since no action was taken thereon, she has been forced to move this Court through this Writ Petition.
2.
Sri.Shine N.S. - learned counsel for the petitioner, added to the afore submissions saying that his client is apprehending threat to her life and that on account of the continuous harassment
WP(C) NO. 20094 OF 2021 -4- faced, she has developed several medical conditions which is evident from Ext.P8 Discharge Summary. He, therefore, contended that his client is imminently eligible for being granted orders from this Court.
3.
The afore submissions of the petitioner were vehemently refuted by Sri.Sebin Thomas – learned counsel appearing for respondents 4 to 8, relying on the counter affidavit filed by his clients, arguing that Ext.P3 license, on the strength of which the petitioner is running her business, does not relate to the property in which it is being conducted and that, in fact, she has erected a godown in a different area. He added that though the license only enables the petitioner to store the articles dealt with by her, what she is doing is to grind iron slabs, concrete cement and such other highly polluting activities, which are not governed by any such
WP(C) NO. 20094 OF 2021 -5- permission; and therefore, that his clients have preferred Ext.R1 complaint before the Pollution Control Board, as early as on 02.08.2021. He concluded his submissions saying that his clients have been put to extreme vexation on account of the illegal activities of the petitioner, particularly because the air and noise pollution is unbearable for the elders and young children in the locality and resultantly, they have filed a fresh complaint, namely Ext.R3, on 06.08.2021, wherein, they have also said that the dust mixed with cement particles is causing extreme difficulty to all the residents of the locality.
He, therefore, prayed that this Writ Petition be dismissed.
4.
Sri.T.Naveen – learned Standing Counsel for the Pollution Control Board, submitted that petitioner has been directed to maintain strict pollution fighting mechanisms, as is evident from
WP(C) NO. 20094 OF 2021 -6- Ext.R2 produced by respondents 4 to 8 in their counter affidavit, and that their complaints have also been taken note of very seriously.
5.
Sri.T.Naveen further submitted that all action pursuant to Ext.R2 will certainly be taken forward; and that if the petitioner is found wanting in any of the pollution fighting measures, strict and necessary action will be taken. He, however, added that since the industry is a “white category” one, the question whether it will require a Consent to Operate is debatable; but that if it causes pollution, necessary and requisite action will be initiated as per law.
6.
Sri.E.C.Bineesh – learned Government Pleader, submitted that Police had not intervened into the internecine disputes between the parties;
but have, in implicit compliance of the interim order of this Court dated 24.09.2021, afforded adequate and effective protection to the
WP(C) NO. 20094 OF 2021 -7- petitioner, her family and employees, which is manifest from the fact that no untoward incidents have been reported thereafter.
7.
When I evaluate the afore rival submissions, it is clear that respondents 4 to 8 are objecting to the activities of the petitioner for the reasons that have already been recorded above; and that these are issues which will have to be certainly considered by the competent Authorities, including the Pollution Control Board. Since the complaint of the petitioner is that the Pollution Control Board is not taking any effective action, I am certain that they are required to be now directed to do so, particularly because it is a matter which touches upon the lives and health of the citizens.
In the afore circumstances, I order this writ petition and confirm the interim order dated 27.09.2021, because respondents 4 to 8 vehemently
WP(C) NO. 20094 OF 2021 -8- say that they have not caused any obstruction to the petitioner or her employees physically;
however, with a consequential direction to the 9th respondent – Environmental Engineer, Kerala State Pollution Control Board, to cause multiple visits to the premises without notice to the petitioner and verify if there is any air or noise pollution caused on account of her activities. The said Authority will also visit the residences of the party respondents to discern their apprehensions and will then take necessary action, including issuance of requisite order to abate pollution, if any, and if she does not comply with the same, then appropriate consequential action be taken, as is permitted in law.
As far as the party respondents are concerned, I leave them full liberty to approach not only the Pollution Control Board, but also any other Authority, including the Local Self Government
WP(C) NO. 20094 OF 2021 -9- Institution, if they have any complaint against the business being run by the petitioner; for which purpose, all their contentions are left open, without being in any manner fettered on account of the order of police protection in this judgment, which, I reiteratingly clarify, is only intended to ensure that none of the parties take law into their own hands or cause any act which is in contravention of law.
Sd/- DEVAN RAMACHANDRAN JUDGE RR/akv
WP(C) NO. 20094 OF 2021 -10- APPEN
DIX OF WP(C) 20094/2021 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT OBTAINED BY THE PETITIONER'S HUSBAND SRI.SAJI.K.Y. FROM THE VILLAGE OFFICER, PATTAZHI FOR THE PERIOD 2021-21 DATED 14.09.2021.
EXHIBIT P2 THE TRUE COPY OF THE LAND TAX RECEIPT OBTAINED BY THE PETITIONERS HUSBAND SRI.SAJI.K.Y. FROM THE VILLAGE OFFICER, PATTAZHI FOR THE PERIOD 2021-22 DATED 27.07.2021.
EXHIBIT P3 THE TRUE COPY OF THE LICENSE NO.87/2021- 2022/B2/3633 DATED 23.06.2021 ISSUED BY THE SECRETARY, PATTAZHY GRAMA PANCHAYTH TO THE PETITIONER.
EXHIBIT P4 THE TRUE COPY OF THE GST REGISTRATION NO.32BJDPA3119B1Z9 OF THE PETITIONERS ESTABLISHMENT.
EXHIBIT P5 THE TRUE COPY OF THE LOAN ACCOUNT DETAILS OBTAINED BY THE PETITIONER FROM THE FEDERAL BANK, PATTAZHI BRANCH.
EXHIBIT P6 THE TRUE COPY OF THE INSURANCE POLICY OF THE PETITIONER'S ESTABLISHMENT ISSUED BY THE HDFC ERGO GENERAL INSURANCE COMPANY DATED 11.08.2021.
EXHIBIT P7 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 10.09.2021.
EXHIBIT P8 THE TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER OBTAINED FROM AMRITA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, KOCHI.
WP(C) NO. 20094 OF 2021 -11- RESPONDENT'S/S EXHIBITS :
EXHIBIT R1 TRUE COPY OF COMPLAINT FILED BY 5TH RESPONDENTS BEFORE KERALA POLLUTION CONTROL BOARD, KOLLAM DATED 02.08.2021.
EXHIBIT R2 TRUE COPY OF LETTER DATED 06.08.2021 FROM THE KERALA POLLUTION CONTROL BOARD, KOLLAM TO PETITIONER HUSBAND.
EXHIBIT R3 TRUE COPY OF COMPLAINT FILED BY RESPONDENTS BEFORE 3RD RESPONDENT DATED 06.08.2021.
//TRUE COPY// P.A. TO JUDGE