Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 13TH DAY OF FEBRUARY 2023 / 24TH MAGHA, 1944 WP(C) NO. 26875 OF 2022 PETITIONERS:
1 PRASANTH KUMAR AGED 46 YEARS S/O.GOPALAKRISHNAN NAIR, MALIEKAL HOUSE, VAZHOOR EAST P.O., KOTTAYAM DISTRICT, PIN: 686 504. 2 GOPALAKRISHNAN NAIR.C.N S/O.NARAYANAN NAIR, MEENAKSHI NILAYAM, VAZHOOR EAST P.O., KOTTAYAM DISTRICT, PIN: 686 504. 3 P.J.CHACKO, S/O.JOSEPH, PURAMATHARA HOUSE, VAZHOOR EAST P.O., KOTTAYAM DISTRICT, PIN: 686 504. 4 JOSE ABRAHAM S/O.ABRAHAM, KUZHIVELIL HOUSE, VAZHOOR EAST P.O., KOTTAYAM DISTRICT, PIN: 686 504. BY ADVS.M.NARENDRA KUMAR HARSHADEV M.
RESPONDENTS:
1 DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, KOTTAYAM - 686 002. 2 VAZHOOR GRAMA PANCHAYAT OFFICE OF THE VAZHOOR GRAMA PANCHAYATH, POOTHAKUZHY P.O., KOTTAYAM 686 521, REPRESENTED BY ITS SECRETARY 3 KERALA STATE POLLUTION CONTROL BOARD KOTTAYAM DIVISION DISTRICT OFFICE, SREENIVASA IYER ROAD, KOTTAYAM 686 001. 4 ABEY M.CHACKO PROPRIETOR, MECFORCE AUTOMOTIVES, MAMMOOTTIL HOUSE, VAZHOOR EAST, KOTTAYAM, KERALA 686 504. 5 ROBIN KURIAN MAILAPARAMBIL (H), PARATHODE P.O., KANJIRAPPALLY, KOTTAYAM, PIN: 686 512
W.P.(C). No.26875 of 2022 :2: BY ADVS. LIJI.J.VADAKEDOM SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, S.K.AJAY KUMAR N.K.SUBRAMANIAN ABRAHAM MATHAN ATHUL TOM SUBRAM N.S. S.K.AJAYAKUMAR OTHER PRESENT: GP - SRI.SYAMANTHAK B.S. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). No.26875 of 2022 :3:
VIJU ABRAHAM, J.
-- -- -- -- -- -- -- -- -- -- -- -- -- W.P.(C). No.26875 of 2022 -- -- -- -- -- -- -- -- -- -- -- -- -- Dated this the 13th day of February, 2023
JUDGMENT
The petitioners seek a direction to respondents 1 to 3 to take steps to close down the business concern functioning in the name and style 'Mecforce Automotives', which is run by the 4 th respondent in the building owned by the 5 th respondent, without obtaining any requisite licences in accordance with law.
2. The petitioners submit that the 4th respondent is
conducting an automobile workshop adjacent to the houses of the petitioners, for mechanical repairs of vehicles, vehicle washing, spray painting etc. The specific case of the petitioners is that the said activities are undertaking by the 4 th respondent, without obtaining necessary licence from the Panchayat. It is also submitted that the 4th respondent is undertaking spray painting activities, which is not permitted either by the Panchayat or by the Pollution Control Board.
3. The learned Standing Counsel for the Panchayat submits that the 4th respondent has been issued with a licence permitting him to run a car mechanical workshop and service station. W.P.(C). No.26875 of 2022 :4:
4. The learned Standing Counsel for the 3 rd respondent
Pollution Control Board upon instructions submitted that they have issued R3(a) consent to establish as well as R3(b) consent to operate to the 4th respondent, which is limited to activities of washing of vehicles - 10 in numbers and mechanically repair of the vehicles - 5 in numbers.
5. By an interim order dated 29.09.2022, this Court has
directed the 3rd respondent to conduct an inspection at the business premises of the 4th respondent to see whether effluents are discharged to the 'thodu' and to submit a report before this Court. A report has been filed by the 3 rd respondent wherein it is stated that the unit has an effluent treatment plant and no waste water is being discharged from the unit to the nearby drain. Pursuant to a subsequent order passed by this Court on 22.12.2022, a further inspection was conducted by the 3 rd respondent and an additional report has been filed wherein it is specifically stated that the 4th respondent is not operating any paint booth in the said building.
6. Considering the facts and circumstances, the writ petition
can be disposed of with the following directions: (i)The 4th respondent shall only undertake the activities of the automobile workshop, strictly in accordance with W.P.(C). No.26875 of 2022 :5: the licence issued by the Panchayat and the purposes for which the licence has been issued, ie., running a car mechanical workshop and a service station.
(ii) The 4th respondent shall also comply with all the conditions attached to Ext.R3(b) consent to operate, issued by the 3rd respondent Pollution Control Board.
(iii) The 4th respondent shall not undertake any
painting activities and shall not operate any painting booth in the said premises, unless obtaining any further consent or licence in this regard from the authorities concerned.
(iv) The 4th respondent shall also not discharge the
effluent to the nearby drain and the waste water shall be managed and treated by the effluent treatment plant established in the business premises of the 4 th respondent. With the aforesaid directions, the writ petition is disposed of. Sd/- VIJU ABRAHAM JUDGE sm/ W.P.(C). No.26875 of 2022 :6: APPENDIX OF WP(C) 26875/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BUILDING PERMIT NO. A3- BA (35447)/2020 DATED 31.12.2020 Exhibit P2 TRUE COPY OF THE NOTICE OF INVITATION OF THE OPENING OF M/S. MECFORCE AUTOMOTIVES Exhibit P3 TRUE COPY OF THE PETITION DATED 21.05.2022 SUBMITTED BY THE PETITIONERS BEFORE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE PETITION DATED 05.05.2022 SUBMITTED BY THE PETITIONERS BEFORE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE REPORT NO. SC 32296/22 DATED 23.06.2022 BEFORE THE 1ST RESPONDENT BY 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE NOTICE NO. SC 3 DATED 22.06.2022 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT. Exhibit P7 TRUE COPY OF THE LETTER DATED 27.05.2022 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT Exhibit P8 TRUE COPY OF THE CONSENT ISSUED 32-3 BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT Exhibit P9 TRUE COPY OF THE ROUGH SKETCH SHOWING THE LIE OF THE PROPERTIES OF THE PETITIONERS AND THE POLLUTION EMITTED FIRM 38 Exhibit P10 TRUE COPY OF THE PHOTOGRAPH SHOWING THAT EFFLUENTS FROM THE FIRM DRAINED INTO THE ADJACENT THODU' Exhibit P11 TRUE COPY OF THE PHOTOGRAPH SHOWING THAT CARS PARKED FOR PAINTING' Exhibit P12 TRUE COPY OF THE PHOTOGRAPH 41 SHOWING THAT CAR PAINTING UNDERTAKEN IN THE FIRM Exhibit P13 TRUE COPY OF THE PHOTOGRAPH SHOWING THAT EMULSION OF HIGH DENSITY SMOKE CONTAMINATED THE AIR RESPONDENT ANNEXURES Annexure R3(a) True copy of the consent to Establish, File No. PCB/KTM/ICE/020KOT273642/ 2020 dated 21-12-2020 issued by the Board. Annexure R3(b) True copy of the Consent to Operate, File No. PCB/KTM/ICE/020KOT273642/ 2021 dated W.P.(C). No.26875 of 2022 :7: Annexure R3(c) True copy of the Show Cause Notice No. PCB/KTM/COMP/G/10/2011 dated 25-03-2022 issued by the Board. Annexure R3(d) True copy of the direction issued by the Board as per communication No. PCB/KTM/COMP/G/10/2011 dated 27-05-2022. Annexure R3(e) True copy of the reminder Letter No. PCB/KTM/COMP/G/10/2011 dated 12-09-2022 issued by the Board to the unit. Annexure R3(f) True copy of the consent withdrawal intention notice No. PCB/KTM/COMP/ G/10/2011 dated 11-10-2022 issued by the Board. Annexure R3(g) True copy of the letter No. PCB/KTM/COMP/G/10/2011 dated 29.10.2022 issued by the Board Annexure R3(h) True copy of the Letter (Notice) No. PCB/KTM/COMP/G/10/2011 dated 5-1-2023 issued by the Board to the Unit.