High Court Kerala High Court

V.Rajendran vs The District Environmental … on 11 June, 2008

Kerala High Court
V.Rajendran vs The District Environmental … on 11 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 5832 of 2008(T)


1. V.RAJENDRAN, NARAYAN VILASOM,
                      ...  Petitioner

                        Vs



1. THE DISTRICT ENVIRONMENTAL ENGINEER,
                       ...       Respondent

2. THE DISTRICT MEDICAL OFFICER,

3. THE HEALTH INSPECTOR, CHATTANADU

4. THE CHATTANNOOR GRAMA PANCHAYATH

5. SREEKUMARI, W/O.SREEKUMAR, PROPRIETOR,

6. MADHUKUMAR, PROPRIETOR, KINGSTON

                For Petitioner  :SRI.SAJITH KUMAR V.

                For Respondent  :SMT.K.K.THULASY BHAI,SC,POLLUTION C.BOA

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :11/06/2008

 O R D E R
                         ANTONY DOMINIC, J.
             ------------------------------------
                         W.P.(C) 5832 of 2008
             -------------------------------------
                         Dated: JUNE 11, 2008

                              JUDGMENT

The petitioner submits that the 5th respondent is running an

industrial unit close to his residential premises. According to him,

the unit is functioning without installing any pollution control

measures.

2. It is his case that respondents 5 and 6 are closely

connected and that they are engaged in the same line of activities.

It is contended that both of them, in collusion with each other,

misled the officials of the Pollution Control Board and made them

inspect the facilities that are provided in the industrial unit of the

6th respondent and obtained Ext.P1 consent in relation to the

industrial unit of the 5th respondent, even without conducting an

inspection of the said industrial unit. Petitioner submits that Ext.P1

consent obtained by the 5th respondent is vitiated by fraud that had

been played on the officials of the Board and hence is vitiated.

3. Learned counsel for the 5th respondent, on the other hand,

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would dispute the allegations that are made and would assert for

the position that the 1st respondent had inspected his unit and was

satisfied about the pollution control measures that he had installed.

It is stated that it was only thereafter Ext.P1 consent was issued by

the 1st respondent. Petitioner is also referring to Ext.P12, a

communication issued by the Board on 23.1.2008, informing the 5th

respondent that his unit was functioning without taking the

pollution control measures and was causing pollution problems to

the people living close to the unit. It is stated that even after

Ext.P12, the defects noticed are not rectified and the industrial unit

is continuing to function as before.

4. The standing counsel appearing for the 1st respondent

would submit that it was only on satisfaction of the facilities

provided that Ext.P1 consent was issued. They also say that they

conducted inspection on 9.1.2008 and based on the findings,

Ext.P12 was issued.

5. Although the learned counsel for the petitioner has argued

for invalidating Ext.P1 consent issued by the Pollution Control Board

contending that it was vitiated by fraud, I do not think that on the

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materials placed and in view of the disputed questions of fact

canvassed by both sides, this court will be justified in arriving at a

conclusion one way or the other. If at all the petitioner is aggrieved

by the consent order, the statute itself provides for the remedy and

the aggrieved party could have pursued those remedies.

6. Consent has been granted to the 5th respondent subject of

course to the conditions that are prescribed by the 1st respondent.

Since the petitioner has a serious complaint regarding the continued

functioning of the industrial unit, which has been endorsed by the

Pollution Control Board also in Ext.P12 issued on 23.1.2008, it is the

bounden duty of the 5th respondent to rectify those defects, if not

already done. This is a matter for the 1st respondent to satisfy

himself by an inspection. While doing this, they will also take note

of the submission made by the 5th respondent that the defects are

rectified.

7. As already stated, the 5th respondent’s unit is now

functioning on the strength of Ext.P1 consent and it is the

responsibility of the 1st respondent to ensure compliance of the

conditions of Ext.P1. Therefore I direct that the 1st respondent

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shall conduct an inspection of the industrial unit of the 5th

respondent, and if he finds that any one of the conditions imposed

in Ext.P1 is not complied with, it will be open to the 1st respondent

to take appropriate action for the suspension of all activities in this

unit until the defects are rectified. I also direct that the 1st

respondent shall conduct periodic inspection of the 5th respondent’s

unit to ensure that the 5th respondent complies with the conditions

of Ext.P1. It is directed that before inspection is conducted, the 1st

respondent shall give the petitioner also a notice. If he so desires,

he can also be present at the time of inspection.

ANTONY DOMINIC
JUDGE

mt/-