High Court Kerala High Court

V.P.Hameed vs State Of Kerala on 15 November, 2006

Kerala High Court
V.P.Hameed vs State Of Kerala on 15 November, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 24694 of 2006(M)


1. V.P.HAMEED, AGED 46,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP.BY
                       ...       Respondent

2. THE KERALA STATE POLLUTION CONTROL BOARD

3. THE ENVIRONMENTAL ENGINEER,

4. THE SECRETARY,

                For Petitioner  :SRI.VARGHESE C.KURIAKOSE

                For Respondent  :SRI.P.SANTHOSH KUMAR (TR)

The Hon'ble MR. Justice J.M.JAMES

 Dated :15/11/2006

 O R D E R
                            J.M.JAMES, J.

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

                       W.P.(C). 24694/2006

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

             Dated this  15th day of November, 2006


                           JUDGMENT

The fourth respondent, Kuthiyathodu Grama

Panchayat, had issued Exts. P11 and P12 stoppage orders,

directing the writ petitioner, who is operating a peeling

shed in the locality, as the functioning of the peeling shed

of the writ petitioner is causing environmental pollution of

the area.

2. The learned counsel for the fourth respondent

submits that condition No.11 contained in Ext.P2,

directing the writ petitioner to provide the facilities

mentioned therein for effluent collection, treatment, etc.,

on or before 31.12.2005, had not been complied with.

Owing to the said reason, the fourth respondent did not

give licence for the working of the peeling shed of the writ

petitioner. The counsel further submitted that the

inhabitants of the locality are agitating because of the

W.P.(C).24694/2006

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pollution, being caused by the functioning of the peeling

shed of the writ petitioner and the inhabitants also

made a complaint before the Ombudsman.

3. The learned counsel appearing for the writ

petitioner submitted that what had been directed

through condition No.11 of Ext.P2 had already been

complied with and despite the opposition, the lying of

pipes for the effluent removal, had also been completed.

Therefore, the Pollution Control Board of Alapuzha, had

collected an amount of Rs.7,500/-, as could be seen from

Ext.P7 receipt, by the Environmental Engineer, Pollution

Control office, Alapuzha. The counsel further submits

that this amount had been realised only as a penalty fees

for the delayed compliance of the directions issued to it.

It is also submitted that the consent from the Pollution

Control Board is only a formality and the same will be

obtained at the earliest and will be furnished before the

fourth respondent, Panchayat.

W.P.(C).24694/2006

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4. In the above facts situation, I direct the third

respondent, the Environmental Engineer, Kerala State

Pollution Control Board, Alappuzha, to conduct an

inspection and satisfy whether the conditions, required

to be complied with by the writ petitioner, are

satisfactorily completed, as submitted before this Court

during the consideration of the writ petition. In such

event, on having satisfied of the compliance of the legal

requirements, issue necessary consent for the continued

functioning of the peeling shed of the writ petitioner.

Inspection, if any required, shall be done at the earliest

and the consent issued thereafter. This shall be

completed within one month from the date of

production of a copy of this judgment, before the third

respondent.

5. On receipt of the consent letter from the third

respondent, the writ petitioner shall furnish it before the

fourth respondent, Kuthiyathodu Grama Panchayat, who

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shall then issue the required licence, as per the

Panchayat Raj Act and Rules.

6. Till the arrangements are made as above, the

respondent Nos. 3 and 4 shall not interfere with the

working of the peeling shed of the writ petitioner.

The writ petition is disposed of as above.

J.M.JAMES

JUDGE

mrcs