IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 WP(C).No. 26858 of 2008(V) -------------------------- PETITIONER(S): --------------- 1. P.J.GEORGE, AGED 49, S/O.P.V.JOSEPH, RESIDING AT PUTHENPURACKAL HOUSE, MANIKKAMANGALAM P.O., KALADY 683574. 2. GOPI, AGED 54 YEARS, S/O.RAMAN, RESIDING AT EDAKKATTIL HOUSE, MANIKKAMANGALAM P.O., KALADY 683574. BY ADV. SRI.JOLLY JOHN SMT.VEENA ROSHAN JOSE SMT.VINEETHA SUSAN THOMAS RESPONDENT(S): --------------- 1. KALADY GRAMA PANCHAYATH, KALADY, 683574, REPRESENTED BY ITS SECRETARY. 2. KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY THE SENIOR ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, GANDHI NAGAR, KOCHI-682 020. 3. HEALTH OFFICER, PUBLIC HEALTH CENTRE KALADY 683574. 4. P.V.JAMES, S/O.OUSEPH VAREETHU, THARIYAKKU, INJAKKAVALA, MANIKKAMANGALAM P.O. KALADY 683 574. 5. JESSY JAMES, W/O.P.V.JAMES, THARIYAKKU, INJAKKAVALA, MANIKKAMANGALAM P.O. KALADY 683 574. BY SRI.M.K.CHANDRA MOHANDAS,SC,POLLUTION CONTROL.BOARD FOR R2 GOVT.PLEADER SMT.K.R.DEEPA FOR R3 ADV. SRI.K.JAYAKUMAR FOR R4-5 SRI.P.B.KRISHNAN FOR R4-5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.26858/08 PETITIONERS' EXTS: EXT.P1: TRUE COPY OF COMPLAINT DATED 11.4.2007. EXT.P2: TRUE COPY FO RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 11.4.07. EXT.P3: TRUE COPY OF COMPLAINT DATED 11.4.07 FILED BEFORE THE COMMUNITY HEALTH CENTRE, KALADY. EXT.P4: TRUE COPY OF NOTICE BEARING NO.306/CHC ISSUED BY THE OFFICER N CHARGE OF COMMUNITY HEARLTH CENTRE, KALADY DATED 29.6.07. EXT.P5: TRUE COPY OF LETTER BEARING NO.PCB/EKM/COMP 43/06 SENT BY THE ENVIRONMENTAL ENGINEER, PCB, TO RESPONDENT NO.3 DATED 10.5.07. RESPONDENTS' EXTS: ANNEXURE R2(A): TRUE COPY OF LETTER NO.PCB/EKM/COMP.43/06 DATED 10.5.07. ANNEXURE R2(B): TRUE COPY OF LETTER NO.PCB/EKM/OP.03/06 DATED 3.1.09. EXT.R4(A): TRUE COPY OF LICENCE ISSUED BY THE 1ST RESPONDENT DATED 22.9.08. EXT.R4(B): TRUE COPY OF LETTER UNDER CERTIFICATE OF POSTING DATED 22.5.07. EXT.R4(C): TRUE COPY OF LETTER SENT BY THE PETITIONER TO THE 2ND RESPONDENT. TRUE COPY T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.26858 of 2008 V ------------------------------------------ DATED THIS THE 19th DAY OF JULY, 2010 JUDGMENT The petitioners have approached this Court aggrieved by the functioning of the chaff pulverising mill by respondents 4 and 5 in Ward No.10 of Kalady Grama Panchayat near to their house. The main prayer in the Writ Petition is for a direction to the respondents to prevent respondents 4 and 5 from functioning the chaff pulverising mill. 2. Respondents 4 and 5 have filed a counter affidavit opposing the prayers of the petitioners. In the statement filed by the Pollution Control Board, it is mentioned that the Board has inspected the building on 12.4.2007 based on the complaint received and it was found that the Unit was functioning without the consent of the Board. During inspection severe dust emission was observed and therefore the Unit was directed to provide certain control measures such as property enclosure, water scrubbing facilities, etc. This is evident from Exhibit R2(a) letter. Again the Unit was inspected on 25.11.2008 to find out the control measures provided. Finally, Exhibit R2(b) was issued on W.P.(C)No.26858/08 -2- 3.1.2009, to stop the activities. It is stated that the Unit stopped its functioning thereafter. 3. The learned counsel appearing for respondents 4 and5 submitted that they were taken certain measures to satisfy the direction issued by the Pollution Control Board. 4. In the light of the steps taken by the Pollution Control Board, the petitioners have already obtained the relief sought for in the Writ Petition. This will not stand in the way of respondents 4 and 5 approaching the Pollution Control Board to satisfy them with regard to the compliance of the directions issued by them. The Writ Petition is accordingly disposed of. T.R.RAMACHANDRAN NAIR, JUDGE. dsn