IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 13075 of 2007(F)
1. K.JANARDHANAN, `SREE HARI',
... Petitioner
2. P.DASAN, S/O.KODIYAN,
Vs
1. DISTRICT COLLECTOR, CHAIRMAN OF
... Respondent
2. DISTRICT MEDICAL OFFICER,
3. POLLUTION CONTROL BOARD REP. BY
4. KANDALLUR GRAMA PANCHAYAT,
5. R.ANIL, S/O.RAJAPPAN,
For Petitioner :SRI.S.KRISHNAMOORTHY
For Respondent :SRI.K.ANAND (A.201)
The Hon'ble MR. Justice K.M.JOSEPH
Dated :27/06/2007
O R D E R
K.M.JOSEPH, J.
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W.P.(C).No.13075 of 2007
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Dated this the 27th day of June, 2007
JUDGMENT
Case of the petitioners in brief is as follows:
Petitioners are residents of Ward No.5 of Kandallur Grama
Panchayat. 5th Respondent is alleged to have erected one Coir
Fibre separating machine and Coir manufacturing machine using
10 H.P. Electric Motor. The electricity authority has given
electrical connection without obtaining any clearance from the
Pollution Control Board. The machines were installed for that
purpose. The dust emanating from the said machines is creating
pollution and using 10 H.P. machine is resulting in noise pollution
also. Machines were installed without obtaining permission under
Sec. 233. Local residents objected to the said action, but the
machines were installed and trial run of the same was started. It
is stated to be in violation of the statutory provision.
2. Petitioner approached this court seeking direction to
stop immediately the process of manufacturing Coir Fibire and
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Coir products by the 5th respondent in Sy.No.536/1-A of
Kandallur Panchayat and a direction is sought to the fourth
respondent not to grant any licence for conducting a Coir
manufacturing Unit, using 10 H.P. Motor, and also for installing
Willoing Machine under Section 233. A direction is also sought
to respondents 1 to 3 to take appropriate action against the 5th
respondent in starting the Coir Manufacturing unit.
3. Counter affidavit is filed by the fifth respondent. Fifth
respondent has produced Exts.R5(a) to R5(f). Ext.R5(a) is
produced to show that 5th respondent has constructed a building
for Coir spolling. Ext.R5(b) is the letter issued by the fourth
respondent granting permission to the fifth respondent for
installation of 10 H.P. Motor. Ext.R5(C) is the receipt showing
payment of fee for installation of 10H.P. Motor. Ext.R5(d) is the
copy of the consent issued by the Pollution Control Board.
According to the fifth respondent, R5(d) is valid upto
30-06-2009. Ext.R5(e) is the certificate issued by the Coir
Board certifying that the materials used in the manufacturing
process undertaken by the fifth respondent does not create
pollution. Electricity Board has allocated power as evident from
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Ext.R5(f), it is stated. It is the case of the 5th respondent that
the process of ginning does not require water. It is also stated
that fibres are not stored in the unit and are distributed to the
sites of spinning and therefore there does not arise any question
of smelling or dust.
4. I heard learned counsel for the petitioner, Panchayat,
fifth respondent and the learned Government Pleader also.
5. It is not in dispute that the 5th respondent has yet to
obtain licence to run the unit from the Panchayat. It is clear that
without obtaining licence from the local authority, 5th respondent
cannot run the unit. According to the 5th respondent, he has
already applied for licence and that is being considered by the
Panchayat and what is done is only a trial run. The writ petition
is disposed of as follows:
In case the fifth respondent runs the unit without obtaining
licnece from the Panchayat as required, the fourth respondent
Panchayat will use the provisions at its disposal to stop it and
prevent the running. In other words, without obtaining licence
from the Panchayat, 5th respondent shall not be permitted to run
the unit. It is made clear that this judgment will not stand in the
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way of the 4th respondent Panchayat taking a decision on the
application of the 5th respondent for licence in accordance with
law.
(K.M.JOSEPH, JUDGE)
sv.
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