IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 WP(C).No. 22055 of 2011(F) -------------------------- PETITIONER(S): --------------- KARUNAGAPALLY GRAMODHARANA SANGHAM REG.NO.Q 151/93,KP/IV/855 PADNAYARKULANGARA SOUTH, KARUNAGAPALLY, KOLLAM REPRESENTED BY ITS PRESIDENT K.SASIDHARAN, RESIDING AT ATHIRALAYAM, PADA SOUTH, KARUNAGAPALLY, KOLLAM. BY ADV. SRI.S.SUDHEESHKAR SRI.NIDHI BALACHANDRAN SRI.K.ACHANKUNJU RESPONDENT(S): --------------- 1. CITY POLICE COMMISSIONER, KOLLAM. 2. CIRCLE INSPECTOR OF POLICE, KARUNAGAPALLY, KOLLAM. 3. SUB INSPECTOR OF POLICE, KARUNAGAPALLY POLICE STATION, KOLLAM. 4. VIKRAMAN, KOIKKAL THARA, PADA SOUTH, KARUNAGAPALLY, KOLLAM. 5. GOPAKUMAR, PLANACHOOR PADEETTATHIL, PADA SOUTH, KARUNAGAPALLY. 6. SARASSAN POCHAYIL PADA SOUTH, KARUNAGAPALLY. ADDL.R7. THE SENIOR ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, KOLLAM. (ADDL.R7 IS IMPLEADED AS PER ORDER DATED 12/8/2011) ADV. SRI. K.SIJU FOR R4-6 SRI.SIJU KALAMASANAN (R4 TO R6) SMT.BINDU GEORGE FOR R4-6 SRI.CHANDRAMOHAN DAS FOR R7 SRI.M.K.CHANDRAMOHAN DAS,SC,POLL.C.BOAR FOR ADDL.R7 GOVT.PLEADER SRI.C.M.CHARISMA R1 AND R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.22055/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LICENCE NO.G2/2332/11 DATED 24/2/2011 ISSUED BY THE SECRETARY KARUNAGAPALLY MUNICIPALITY. EXT.P2: COPY OF THE RENEWED CONSENT TO OPERATE NO. PCB/KO/CTO/R1 17/2011 DATED 23/7/2011 ISSUE DBY THE KERALA STATE POLLUITON CONTROL BOARD, DISTRICT OFFICE, KOLLAM. EXT.P3; COPY OF THE CERTIFICATE ISSUED BY THE DISTRICT KHADI AND VILLAGE INDUSTRIES KOLLAKM DATED 14/3/2008 EXT.P4: COPY OF THE LETTER NO. PHI/1011/11 DATED 6/8/2011 ISSUED BY THE SECREATARY KARUNAGAPALLY MU8NICIPALITY. EXT.P5: COPY OF THE COMPLAINT DATED 21/5/2011 BEFORE THE SUB INSPECTOR OF POLICE KARUNAGAPALLY POLIC STATION. ET.P6: COPY OF THE COMPLAINT FILED BEFORE THE CITY POLICE COMMISSIONER KOLLAM DATED 6/8/2011 EXT.P7: COPY OF THE RCEIPT OF ACKNOWLEDGEMENT ISSUED FROMTHE CITY POLICE OFFICE DATED 6/8/2011 EXT.P8: COPY OF THE LICENSES ISSUED TO THE PETITIONER FROM THE ERSTWHILE KARUNAGAPALLY GRAM PANCHAYATH FROM 16/7/1993 ONWARADS. RESPONDENTS EXHIBITS: EXT.R4(A): COPY OF REPRESENTATIONS SUBMITTED BY THE LOCAL PEOPLE BEFORE THE HEALTH MINISTER, THE MUNICIPAL SECRETARY, THE CIRCLE INSPECTOR OF POLICE, KARUNAGAPPALLY AND THE POLLUTION CONTROL BOARD. EXT.R4(B): COPY OF STOP MEMO DATED 16/6/2011. ANNEXURE R7(A): COPY OF THE COMPLAINT FILED BY THE RESPONDENTS 4 TO 6 & OTHERS. ANNEXURE.R7(B): COPY OF THE COMPLAINT FILED BY THE RESPONDENTS 4 TO 6 & OTHERS BEFORE THE POLLUTION CONTROL BOARD. ANNEXURE.R7(C): COPY OF THE COMPLAINT DATED 11/5/2011 FILED BY THE RESPONDENTS 4 TO 6 & OTHERS BEFORE THE CIRCLE INSPECTOR OF POLICE, KARUNAGAPPALLY. ANNEXURE R7((D): COPY OF THE LETTER NO.PCB/KO/CTO/G/205/06 DATED 6/6/2011 OF THE 7TH RESPONDENT. ANNEXURE R7 (E): COPY OF THE RENEWAL OF CONSENT TO OPERATE WAS ISSUED BY THE RESPONDENT ON 23/7/2011. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No.22055 OF 2011 ------------------------ Dated this the 19th day of September, 2011 JUDGMENT Abdul Rehim, J. The petitioner society is seeking police protection for functioning of a lime manufacturing unit conducted by them, from not being obstructed in any manner by respondents 4 to 6 or anybody acting under them. According to the petitioner, the unit in question is conducted on the strength of all requisite permissions, licenses and consents obtained from various authorities, since the last more than 18 years. It is alleged that the obstruction is caused by the respondents 4 to 6 only motivated by the extraneous political considerations. It is contended that there is absolutely no pollution created due to functioning of the unit and that the petitioner is taking all precautionary measures to avoid any such nuisance. 2. When this writ petition came up for consideration, the Senior Environmental Engineer, Pollution Control Board, Kollam was impleaded suo motu, as additional 7th respondent. By virtue WPC.No.22055/2011 2 of an order passed on 1/9/2011, the additional 7th respondent was directed to conduct an inspection at the unit and to submit a report as to whether any of the conditions incorporated in Ext.P2 consent has been violated. 3. In the report filed by the 7th respondent it is stated that, lime manufacturing units are classified under the "Red category"since they are pollution potential units . It is stated that periodical inspections by the officers of the Board will be conducted in a span of three months with respect to such units. It is stated that an inspection was conducted in the unit in question, on 25/5/2011. The authorities noticed complaints raised by the respondents 4 to 6 about nuisance experienced by them while the manufacturing operation is carried out. The authority felt that the complaint was genuine as there was some discrepancies in operating the unit with respect to control of pollution. There was chances of spreading fugitive emission to the surrounding area and the stack height was inadequate. The petitioner submitted that the top portion of the chimney for venting gases from the lime kiln was destroyed due to strong wind. The petitioner was instructed through Ext.R7(d) to take WPC.No.22055/2011 3 adequate measures. It is stated that further inspection was conducted on 16/7/2011 and it was found that the petitioner had provided all control measures as directed in Ext.R7(d). Hence an order for renewal of the 'Consent to Operate' was granted on 23/7/2011 as per Ext.R7(e). According to the 7th respondent, the unit is now being conducted in strict compliance with the conditions incorporated. 4. Sri. Siju Kamalasan learned counsel appearing for respondents 3,4 and 6 disputed correctness of the report submitted by the 7th respondent, stating that no inspection was conducted pursuant to the order issued by this court on 1/9/2011 and that the report is filed based on an inspection which was conducted earlier. According to him, the neighbouring residents are experiencing problems of nuisance due to the bad smell coming out of the use of cashew shells as fuel in the kiln. 5. Considering the rival contentions, we are of the opinion that the it is for the Additional 7th respondent to take adequate measures to see that the unit is functioning in strict compliance with the conditions incorporated in Ext.P2 as well as in Ext.R7(d) and that no nuisance is caused to the neighbouring residence. WPC.No.22055/2011 4 6. We dispose of this writ petition directing the Additional 7th respondent to conduct inspection within one month from today and also to conduct periodic inspections including surprise checks in order to ensure that the unit in question is conducted after taking all precautionary measures to control nuisance and that all conditions stipulated in Ext.P2 and Ext.R7(d) are strictly complied with. It is also left open to respondents 4 to 6 to approach the 7th respondent pointing out any violation if caused by the petitioner. However, we are of the opinion that the respondents 4 to 6 or anybody claiming under them have no manner of right to create any physical obstruction to the working of the unit as long as the petitioner is running the unit on the basis of valid licences and consents. If any such obstruction is caused, the respondents 2 and 3 shall take adequate steps to avert such obstructions and to afford protection for the running of the unit. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk WPC.No.22055/2011 5