Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 WP(C) NO. 21669 OF 2023 PETITIONER: CHITHRANGATHAN.K, AGED 53 YEARS S/O. RAMAN, KUNHEELINTAKATH, PUTHIYAPPA, PUTHIYANGADI. P.O, KOZHIKODE - (DT),PIN - 673 021. K.PRAVEEN KUMAR RESPONDENTS:
1 THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOZHIKODE, 3RD FLOOR, ZAMORIN'S SQUARE, LINK ROAD, KOZHIKODE (DT), PIN - 673 002. 2 T. SHIJU, AGED 42 YEARS S/O. SUKUMARAN, PALLIKANDI HOUSE, PUTHIYAPPA, 3 JIJEESH.P.K, S/O. SASI, PALLIKANDI HOUSE, PUTHIYAPPA, 4 RUPESH AGED 45 YEARS S/O. SAHADEVAN, PALLIKANDI HOUSE, PUTHIYAPPA, 5 P.V. JIJEESH, S/O. NARAYANAN, PALLIKANDI HOUSE, PUTHIYAPPA, PUTHIYANGADI. P.O, KOZHIKODE (DT) - 673 021., PIN - 673 021. NAVEEN.T-STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 1st. day of August, 2023 The petitioner is aggrieved by Ext.P1 letter of the Environmental Engineer which directs the petitioner to carry out certain remedial measures to abate sound pollution. Ext.P1 states that the petitioner has to implement the directions and till then the Ice Plant unit shall not be put into operation.
2. The petitioner states that his Ice Plant has been
functioning in the property since 1957. The defacto complainant started residing there only from the year 2020. The petitioner is ready to carry out the remedial measures as suggested in Ext.P1. As it requires building construction, a Building Permit from the Corporation Authorities will have to be obtained and therefore the petitioner would require more time to implement the direction.
3. The petitioner states that the direction at serial No.3 regarding 2 inch Delivery Pipes Sprinkling System has already been installed.
4. I have heard the learned Counsel for the petitioner and the learned Standing Counsel representing the 1st respondent.
5. From the pleadings in the writ petition, I find that as the
petitioner has to construct a new building, after obtaining Building Permit from the Local Self Government Institution, the petitioner may require some time to fully comply with the directions in Ext.P1. The petitioner submits that he has submitted an application for grant of more time for compliance of the directions in Ext.P1. As petitioner has submitted such an application, it would be only just and proper that the 1st respondent consider such application and take appropriate decision in accordance with law.
In the facts and circumstance of the case, the writ
petition is disposed of directing the 1 st respondent-Environmental Engineer that if the application submitted by the petitioner for grant of time is received, the 1st respondent shall consider and take appropriate decision thereon within a period of two weeks. The direction to stop the functioning of industrial unit would depend upon the decision to be taken by the 1 st respondent-Environment Engineer.
Sd/- N.NAGARESH JUDGE AMR APPENDIX OF WP(C) 21669/2023 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDING NO. PCB/ KKD/DO/ GEN - 183/KKD TALUK/2022 DATED 25.05.2023 ISSUED BY THE 1ST RESPONDENT. Exhibit P2 TRUE COPY OF THE LETTER NO.PCB/KKD/DO/1156/2010 DATED 4-1-2016 ISSUED BY THE 1ST RESPONDENT. Exhibit P3 TRUE COPY OF THE LETTER DATED 16-3-2016 SENT BY THE PETITIONER TO THE 1ST RESPONDENT. Exhibit P4 TRUE COPY OF THE CONSENT NO.PCB/KKD/DO/KCOR3/1156/2010 DATED 28-06- 2018. Exhibit P5 TRUE COPY OF THE LICENSE NO. C/1H/87/2021 DATED 2-4-2021 ISSUED BY KOZHIKODE CORPORATION. Exhibit P6 TRUE COPY OF THE RELEVANT PORTION OF THE LICENSE NO.11320011000810 DATED 23-6-2023 BY THE FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA. Exhibit P7 TRUE COPY OF THE RECEIPT DATED 16.06.2023 SHOWING THE PAYMENT OF CONTRIBUTION TO THE KERALA LABOUR WELFARE FUND.