IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 7334 of 2005(W) -------------------------------------- PETITIONER(S): ------------------------- SAINABA, HOUSE NO.XXV/345 B M.O. WARD, ALAPPUZHA. BY ADV. SRI.JOHN BRITTO RESPONDENT(S): ------------------------ 1. THE ALAPPUZHA MUNICIPALITY, ALAPPUZHA REPRESENTED BY ITS SECRETARY. 2. THE HEALTH OFFICER, ALAPPUZHA MUNICIPALITY, ALAPPUZHA. 3. THE DISTRICT OFFICER, POLLUTION CONTROL BOARD, THONDANKULANGARA, ALAPPUZHA. 4. SHAFEEQ, ATHIPARAMBIL, VELLAKKINAR WARD, ALAPPUZHA. ADV. SRI.G.GOPAKUMAR,SC, KSPCB FOR R3 SRI.M.K.CHANDRA MOHANDAS FOR R1,R2 SRI.ANIL K.NARENDRAN FOR R4 SRI.BABU JOSEPH KURUVATHAZHA,SC,POLU.C. FOR R3 SMT.K.K.THULASY BHAI,SC,POLLUTION C.BOARD FOR R.3 BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.7334/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE DISCHARGE CARD DT. 12.2.05 OF THE MEDICAL COLLEGE HOSPITAL, ALAPPUZHA. P2:- COPY OF THE REPRESENTATION DT. 27.1.05. RESPONDENT'S EXHIBITS R3(a):- COPY OF THE CONSENT BOOK DT. R3(b):- COPY OF THE DIRECTION HAD BEEN ISSUED TO THE OWNER OF THE UNIT ON 10.2.04. R3(c):- COPY OF THE DIRECTIONS ISSUED TO THE 4TH RESPONDENT DT. 7.3.05. R4(a):- COPY OF THE LICENCE ISSUED BY THE MUNICIPAL COUNCIL, ALAPPUZHA, FOR THE YEAR 93-94. R49b):- COPY OF THE LICENCEE ISSUED BY THE MUNICIPAL COUNCIL, ALAPPUZHA FOR THE YEAR 03-04. R4(c):- COPY OF THE RECEIPT DT. 21.12.04 ISSUED BY THE MUNICIPAL COUNCIL, ALAPPUZHA, ACCEPTING LICENCE FEE FOR THE YEAR 04-05. R4(d):- COPY OF THE LICENCE ISSUED BY THE MUNICIPAL COUNCIL, ALAPPUZHA FOR THE YEAR 04-05. R4(e):- COPY OF THE SITE PLAN ALONG WITH ENCLOSURES. R4(f):- COPY OF THE LETTER DT. 16.10.03 OF THE ENIVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, ALAPPUZHA. R4(g):- COPY OF THE COMMUNICATION DT. 5.10.04 OF THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, ALAPPUZHA. R4(h):- COPY OF THE LETTER DT. 7.3.05, OF THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, ALAPPUZHA. R4(i):- COPY OF THE PETITIONER'S REPLY DT. 18.3.05 TO THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, ALAPPUZHA. R4(j):- COPY OF THE UNDERTAKING GIVEN BY THE PETITIONER IN STAMP PAPER. R4(k):- COPY OF THE CONSENT LETTER ISSUED BY SHRI. AMMAHEENKUTTY AND SHRI. B.PURUSHOTHAMAN,. R4(l):- COPY OF THE ORDER DT. 11.11.04 OF THE KERALA STATE HUMAN RIGHTS COMMISSION. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.7334 of 2005 ----------------------------------------- Dated this the 29th day of October, 2008 JUDGMENT The writ petition is filed with the following prayer:- 1. issue a writ in the nature of mandamus commanding respondents 1 to 3 to stop forthwith the functioning of the tanning unit by the 4th respondent in ward No.XXVI of Alapuzha Municipality until proper treatment is effected for its trade effluents. Learned counsel appearing for the 4th respondent submits that there is no tanning activity. It is also submitted that there is only storing of hides. Be that as it may, it is seen from the counter affidavit that the Pollution Control Board itself has prescribed certain conditions. In case there is still pollution, it will be open to the petitioner to point out the same before the Environmental Engineer, in which case appropriate prompt action with notice also to the 4th respondent will be taken in the matter. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.7334 of 2005 ----------------------------------- JUDGMENT 29th October, 2008