High Court Kerala High Court

K.Rahmathulla vs The Cherukavu Grama Panchayath on 15 July, 2008

Kerala High Court
K.Rahmathulla vs The Cherukavu Grama Panchayath on 15 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20991 of 2007(Y)


1. K.RAHMATHULLA, S/O.KUNHALANKUTTY HAJI,
                      ...  Petitioner

                        Vs



1. THE CHERUKAVU GRAMA PANCHAYATH
                       ...       Respondent

2. THE SENIOR ENVIRONMENTAL ENGINEER

3. THE DISTRICT MEDICAL OFFICER

4. PALAPATTA MUHAMMED,S/O.ALAVI,

                For Petitioner  :SRI.BABU S. NAIR

                For Respondent  :SRI.K.M.SATHYANATHA MENON

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :15/07/2008

 O R D E R
                          ANTONY DOMINIC, J.

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                         W.P.(C) 20991 of 2007

               --------------------------------------------------------

                          Dated: JULY 15, 2008

                                  JUDGMENT

The prayers sought in this writ petition are against the 4th

respondent. It is on the allegation that by running the ice

plant, the 4th respondent is polluting the well water in the

petitioner’s premises. On that basis petitioner seeks directions

commanding the 1st respondent to cancel the licence of the 4th

respondent and also to respondents 1 to 3 not to permit the 4th

respondent to run the ice plant causing pollution to the drinking

water in the nearby locality.

2. Learned counsel for the petitioner submits that the

petitioner’s well is situated at a distance of 45 metres from the

ice plant and that the well water has been analysed on different

occasions. Petitioner submits that Exts.P3 to P5 are the analysis

reports which indicate that the water in the well in his premises

is unfit for drinking purposes. According to him, it is therefore

evident that the 4th respondent unit is contaminating the well

water and therefore the unit is liable to be closed down for that

reason.

WP(C) 20991/07
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3. A statement has been filed by the 2nd respondent.

According to the 2nd respondent, on receipt of complaint from the

residents of the locality, they had issued directions to the 4th

respondent to stop discharge of waste water to public drain and

also to apply and obtain consent of the Pollution Control Board.

It is stated that accordingly an application was made by the 4th

respondent on 17.7.2006. Thereafter, complaints were again

received and the well water was analysed which showed that the

chlorine content was slightly in excess of the limits.

4. It is stated that at that stage the 4th respondent had

produced Ext.R2(1), an agreement entered into by the 4th

respondent with the earlier owner of the petitioner’s property

and also another neighbouring resident. It is stated that in

terms of the said agreement, petitioner had agreed to provide a

bore well to the house of one Mr.Veeran Kutty and pipe

connection to the residential premises which is occupied by the

petitioner. According to the Pollution Control Board,

considering all these, consent to operate was issued on certain

conditions as envisaged in Water (Prevention and Control of

Pollution) Act, 1974. The Pollution Control Board again submits

WP(C) 20991/07
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that even subsequent to the grant of consent, inspections were

conducted on 2.4.2007 and 25.7.2007 and that the 4th

respondent is operating the unit in terms of the conditions of the

consent that has been granted.

5. Despite the assertions made by the Pollution Control

Board in its statement and the 4th respondent in his counter

affidavit, the learned counsel for the petitioner submits that

waste water is being discharged from the 4th respondent’s

premises into the public drain and also into the neighbouring

properties leading contamination of the well water. It is stated

that as a result of this, his well water is saline and is unfit for

potable purposes.

6. If the 4th respondent is complying with the conditions of

the consent to operate, granted by the Pollution Control Board,

the petitioner can have no complaint. Any way, it is a matter for

the Pollution Control Board to ensure that the 4th respondent is

operating his industrial unit strictly in terms of the consent to

operate granted by them.

7. In view of the complaint raised by the petitioner, I direct

that the Pollution Control Board shall conduct periodical

WP(C) 20991/07
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inspection of the premises of the 4th respondent and ensure

compliance of the conditions of consent to operate. It is

directed that in case violation of the consent is found, the

Pollution Control Board shall take appropriate action to remedy

the situation.

With these directions the writ petition is disposed of.

ANTONY DOMINIC
JUDGE

mt/-