IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 32385 of 2008(E) -------------------------------------- PETITIONERS: --------------------- 1. M.PARAMESHWARA MENON, S/O.ALAPPAT MADHAVA MENON, HOUSE NO.VIII/11, MULLOTH HOUSE, KUMBALAM VILLAGE, PANANGAD 682 506, ERNAKULAM DISTRICT. 2. BOBAN JOSE, S/O.KANNOTH PAPPU, VADAKKINEZHATH HOUSE NO.VIII/9, KUMBALAM VILLAGE, PANANGAD 682 506, ERNAKULAM DISTRICT. 3. K.SOMASUNDARAN, S/O.ARAVINDAKSHA MENON, THEKKINEZHATH HOUSE, HOUSE NO.VIII/10, KUMBALAM VILLAGE, PANANGAD- 682506, ERNAKULAM DISTRICT. 4. RAJARATHNA MENON, S/O.KESAVA MENON, THEKKINEZHATH HOUSE, HOUSE NO.VIII/12, KUMBALAM VILLAGE, PANANGAD 682506, ERNAKULAM DISTRICT. 5. M.N.RAMESAN, S/O.GOPINATHAN NAIR, SREECHITHIRA, BY HOUSE NO.VIII/12 KUMBALAM VILLAGE, PANANGAD -682 506, ERNAKULAM DISTRICT. BY ADV. MR.SHIRAZ ABDULLA. RESPONDENTS: ------------------------ 1. THE SECRETARY, KUMBALAM GRAMA PANCHAYATH, KUMBALAM VILLAGE, PANANGAD POST, ERNAKULAM DISTRICT – 682 506. 2. AMJETH JALEEL, S/O.ABDUL JALEEL, M/S.E-BOARD EVEREST, BUILDING NO.VIII/12 A, NEAR N.M.STORES BUS STOP, PANANGAD POST, ERNAKULAM DISTRICT 682506. W.P.(C). NO.32385/2008-E: 3. THE CHAIRMAN, KERALA STATE POLLUTION CONTROL BOARD, TRIVANDRUM-4. 4. THE CHIEF ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, GANDHI NAGAR, KOCHI. 5. MEDICAL OFFICER, PRIMARY HEALTH CENTRE, PANANGAD POST, ERNAKULAM DISTRICT -682 506. 6. REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, FORT COCHIN, ERNAKULAM DISTRICT. *ADDL.R7. M/S. EVEREST INDUSTRIES LTD., ZONAL OFFICE, PODANUR, COIMBATORE – 641 023. *ADDL.R7. IS IMPLEADED AS PER ORDER DATED 17/12/08 IN I.A. NO. 15940/2008. R5 & R6 BY GOVT. PLEADER SMT. SUDHA DEVI, R3 & R4 BY MR.M.K.CHANDRA MOHANDAS,S.C, R1 BY ADV. MR.BLAZE K.JOSE, R2 BY ADVS. MR.A.K.SRINIVASAN, MR.N.S.MOHAMMED USMAN, MR.A.S.BENOY, MR.JIMMY GEORGE, ADDL.R7. BY ADV. MR. SHAJI P.CHALY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.32385/2008-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ACKNOWLEDGMENTS FROM RESPONDENTS. EXT.P.2: COPY OF THE REPRESENTATION TO THE R.1. DTD. 18/07/2008. EXT.P.3: COPY OF A COMMUNICATION DTD. 23/07/2008 BY THE R.6. EXT.P.4: COPY OF THE REPLY DTD. 25/07/2008 ISSUED BY THE R.1. EXT.P.5: COPY OF THE REPRESENTATION SUBMITTED BY THE P.1. DTD. 26/08/2008. EXT.P.6: COPY OF THE REPRESENTATION DTD. 01/09/208 SUBMITTED BEFORE THE R.6. RESPONDENTS' EXHIBITS: EXT.R7.(1): INSTRUCTIONS ISSUED BY THE R.4. EXT.R7.(2): LETTER ISSUED TO THE R.4. INFORMING THE COMPLIANCE. EXT.R7.(3): LETTER ISSUED BY THE R.5. EXT.R7.(4): REPLY LETTER ISSUED TO THE R.5. INFORMING ABOUT THE COMPLIANCE OF THE DIRECTION. //TRUE COPY// P.A. TO JUDGE. Prv. V.GIRI, J. ----------------------------------------- W.P(C).No.32385 of 2008 ----------------------------------------- Dated this the 23rd March, 2009 JUDGMENT Petitioners complain of alleged pollution being generated by the asbestos storing facility established by the 7th respondent in the land adjacent to their properties. According to them, cutting of asbestos sheets in the open space generates considerable dust and this is hazardous to them. Further, large number of vehicles come to the property wherein the godown is situated. This again generates considerable dust. A toilet has been constructed just adjacent to the property belonging to the first petitioner. There is insufficiency of water in the area. Dust emanating from the adjacent property, which is now occupied by the 7th respondent causes health hazard to the petitioners. Hence, this petition praying for the following reliefs: “i) Issue a writ of mandamus or any other writ order or direction to the first respondent to stop the illegal business activity of the 2nd respondent styled E-Board Everest from Ward VIII/12-A, Near N.M. Stores bus stop, Panangad, Ernakulam District. WP(c).32385/08 2 ii) Issue a writ or mandamus order or direction directing the 1st and 3rd to 6th respondents to see that no vehicles with asbestos sheets enters the residential area of the petitioners and no cutting or resizing of asbestos sheets happen in the area. Iii) Issue a writ of mandamus or any other appropriate writ order or direction directing the 1st and 3rd to 6th respondents to ensure that the petitioners environment is free from pollution and health hazards. iv) Issue a writ of mandamus or any other appropriate writ order or direction directing the 1st and 3rd to 6th respondents that the wells and drinking water of the petitioners are cleaned and made free from dust, coconut pith, asbetos dust particles etc. and make it usable.” 2. Exhibit R1 communication has been issued by the Pollution Control Board to the 7th respondent and it has been replied to by Exhibit R7(2). Exhibit R7(3) communication has been issued by the District Medical Officer and the same has been replied to by Exhibit R7(4). WP(c).32385/08 3 3. Though the activity carried on by the 7th respondent is only storage of asbestos sheets, since it has the potential for generation of dust, it requires consent from the Pollution Control Board. There should be a monitoring of the activity by the Pollution Control Board. The District Medical Officer is a competent authority under the Public Health Act and he is also entitled to regulate the activity which has the potential for generating pollution. 4. Mr.Chaly, learned counsel appearing for the 7th respondent submits that the lawful directions issued by the Pollution Control Board and the District Medical Officer of Health shall be complied with by the 7th respondent. Learned counsel for the Pollution Control Board undertakes to ensure that the conditions imposed by the Pollution Control Board are complied with by the 7th respondent. 5. Accordingly, the Writ Petition is disposed of directing the fourth respondent, Pollution Control Board, to consider Exhibit R7(2) submitted by the 7th respondent in response to Annexure R1 and if it is found that conditions imposed by the WP(c).32385/08 4 Pollution Control Board in Exhibit R1 have been complied with, then a clearance may be given by the Pollution Control Board to the 7th respondent. A decision shall be taken in this regard within three weeks from the date of receipt of a copy of this judgment. 6. Similarly, the Medical Officer, who has issued Exhibit R7(3), shall consider Exhibit R7(4) and see whether the conditions imposed in Exhibit R7(3) have been complied with. If the conditions are complied with, then a clearance may be issued by the Medical Officer of the Primary Health Centre, Panangad. A decision in this regard shall also be taken within three weeks from the date of receipt of a copy of this judgment. 7. The 7th respondent shall take whatever steps are necessary to ensure that the directives issued by the Pollution Control Board and the Medical Officer, Primary Health Centre, Panangad as contained in Exhibit R7(1) and R7(3) are complied with. He shall proceed to operate the asbestos storing facility only after obtaining clearance in this regard WP(c).32385/08 5 from the afore mentioned authorities. Further, unloading of asbestos sheets at the storing shed shall be carried on only after getting clearance from the afore mentioned authorities. But, the stock already lying there may be dealt with in a suitable manner by the 7th respondent. Writ Petition is disposed of as above. V.GIRI, JUDGE vgs.