IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 35628 of 2007(N) ------------------------------------- PETITIONER(S): ------------------------- 1. STEEPHEN PINHIRO, AGED 54, S/O. JOSEPH PINHIRO CHINIKKAPARAMBIL HOUSE, PONJASSERY P.O., PERUMBAVOOR, ERNAKULAM-683 547. 2. JAISON PERERA, AGED 40, S/O.JOSEPH PERERA KALAVARAPARAMBIL HOUSE, PONJASSERY P.O., PERUMBAVOOR, ERNAKULAM - 683 547. 3. HARDIN CORREYA, AGED 54,S/O/SEBASTIAN CORREYA AMBHAT HOUSE, PONJASSERY P.O., PERUMBAVOOR, ERNAKULAM-683 547. BY ADV. SRI.S.SREEKUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ERNAKULAM. 4. VENGOLA GRAMA PANCHAYAT, VENGOLA. 5. MRS. BINSU PAUL, M/S. FRIENDS GRANITES, PONJASSERY P.O., RESIDING AT MADAPALLIL HOUSE, PAZHANGANADU, KIZHAKKAMBALAM P.O., PIN-683 562. R1 & R3 BY GOVT. PLEADER SMT.KOCHUMOL KODUVATH R2 BY ADV. SRI.M.K.CHANDRA MOHANDAS, SC R4 BY ADV. SRI.SIRAJ KAROLY. R5 BY ADV. SRI.K.N.CHANDRABABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.35628/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CIRCULAR NO.PCB/TI/17/80 DTD. 30.4.1998 ISSUED BY THE 2ND RESPONDENT. P2:- COPY OF THE CIRCULAR PCB/TAC/ST.CR.COM/65/2005 DTD. 17.10.2007 ISSUED BY THE 2ND RESPONDENT. P3:- COPY OF THE REPRESENTATION DTD. 23.11.2007. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.35628 of 2007 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of November, 2011 J U D G M E N T The petitioners are residents of Vengola Grama Panchayat in Ernakulam District. They have filed this writ petition apprehending that within 100 mtrs. of their residences a huge metal crusher unit is proposed to be installed at the instance of the 5th respondent. According to them, as per Ext.P1 circular issued by the Kerala State Pollution Control Board, the minimum distance between the center of the proposed crusher unit to the periphery of the structure of any residence, public building or place of worship shall be 250 mtrs. The petitioners allege that in order to facilitate establishment of the crusher unit by the 5th respondent, the Pollution Control Board has issued Ext.P2 office order whereby the distance has been reduced to 100 mts., which according to the petitioners is violative of the fundamental rights of the petitioners under Articles W.P.(C)No.35628 of 2007 -2- 14 & 21 of the Constitution of India. It is under the above circumstances, the petitioners have filed this writ petition seeking the following reliefs: “(i) to call for the records leading upto Exhibit P2 to extent it reduces the distance of Metal Crusher Unit from the residential houses, and quash the same by the issuance of a writ of certiorari or any other appropriate writ, order or direction. (ii) to declare that the order dated 8.10.2007 evidenced by Ext.P2 is unconstitutional, void and inoperative. (iii) to issue a writ of mandamus for bearing respondents 1 to 4 from granting any permission to the 5th respondent for establishment of a Metal Crusher within a predominantly residential area in Vengola Grama Panchayat.” 2. Neither the Pollution Control Board nor the 5th respondent nor the 4th respondent has filed any counter affidavit in this writ petition. Therefore, I am inclined to accept the averments of the petitioners in the writ petition as true and correct. In any event, I am of opinion that a crusher unit shall not be established within 100 mtrs from the nearest dwelling house in view of the ill effects of the dust that will emanate from the crusher unit. Ext.P2 has reduced the distance prescribed in Ext.P1. I am of opinion that there should be at least 250 mtrs. clear distance W.P.(C)No.35628 of 2007 -3- between the center of the proposed crusher unit and the periphery of the structure of any residence, public building or place of worship as stated in Ext.P1. In fact I am surprised that the Pollution Control Board who is expected to safeguard public from the ill-affects of pollution causing units has chosen to favour such units by relaxing the conditions which should normally be very stringent. I am of opinion that as contended by the petitioners the action of the Pollution Control Board amounts to violation of the fundamental rights of the petitioners under Articles 14 and 21 of the Constitution of India. In the above circumstances, this writ petition is allowed as prayed for. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/