IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 14773 of 2009(S) -------------------------- PETITIONERS: --------------- 1. MATHAI VARGHESE AGED 68 YEARS, S/O.THE LATE SRI.THOMAS VARGHESE, KIZHAKKE VALIAPARAMBIL,KOZHENCHERRY P.O. KOZHENCHERRY, PATHANAMTHITTA DISTRICT. 2. BABU P. VARGHESE AGED 40 YEARS, S/O.THE LATE SRI.ABRAHAM VARGHESE PURATHOTTU HOUSE,KOZHENCHERRY P.O., BY ADV. SRI.S.ARUN RAJ SRI.S.V.RAJAN SMT.SHIBI. K.P. SRI.R.SUDHISH SMT.M.MANJU SMT.V.P.GEETHA KUMARY SRI.A.N.PREMLAL RESPONDENTS: ----------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. KOZHENCHERRY GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY KOZHENCHERT P.O.,KOZHENCHERY, PATHANAMTHITTA DISTRICT. 3. THE KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS SECRETARY ,PLAMOODU THIRUVANANTHAPURAM. 4. THE ENVIRONMENTAL ENGINEER DISTRICT OFFICE, KERALA STATE POLLUTION CONTROL BOARD, PATHANAMTHITTA DISTRICT. R1 BY SENIOR GOVT. PLEADER, SMT. K. MEERA R2 BY ADV. SRI.THOMAS ABRAHAM,SC,KOZHENCHERRY R3 & R4 BY SRI.M.K.CHANDRA MOHANDAS, SC, PCB SMT.MAREENA JOSEPH,ADVOCATE COMMISSIONER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2009, ALONG WITH WPC NO. 36005 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14773 of 2009 APPENDIX PETITIONERS' EXHIBIT: EXT.P1 : TRUE COPY OF THE CONSENT TO ESTABLISH UNDER REF. NO.ICO/PTA/426/2009 DATED 13.01.09 ISSUED BY THE 4TH RESPONDENT ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, PATHANAMTHITTA. RESPONDENTS' EXHIBITS: ANNEXURE R2(A) : TRUE COPY OF THE CIRCULAR NO.575/SA(M) 108 DATED 18.12.08. ANNEXURE R2(B) : ROUGH SKETCH SHOWING THE LIE OF THE PROPERTY AND THE OFFICES/ESTABLISHMENTS. ANNEXURE R2(C) : TRUE COPY OF THE NEWS PAPER REPORT REGARDING 'SUVARNA KERALAM' AWARD WON BY THE PANCHAYAT. ANNEXURE R2(D) : TRUE COPY OF THE 'NIRMAL PURASKAR' AWARD WON BY THE PANCHAYAT. ANNEXURE R2(E) : TRUE COPIES OF THE ORDER/COMMUNICATIONS OF THE CENTRAL/STATE GOVERNMENTS EVIDENCING THE APPROVAL GRANTED TO M/S.BIO TECH. ANNEXURE R2(F) : TRUE COPY OF THE DOCUMENT FURNISHING THE DETAILS OF THE FUNCTIONING OF THE PLANT. ANNEXURE R2(G) : LATEST PHOTOGRAPHS SHOWING THE PRESENT STAGE OF THE CONTSTUCTION OF THE PROJECT. EXT.R4(A) : TRUE COPY OF THE REPORT DATED 04.06.09. ANNEXURE C1 : TRUE COPY OF ROUGH SKETCH OF SITE. ANNEXURE C2 : TRUE COPY OF THE PHOTOGROAPHS OF THE ALL FOUR SIDES OF THE BIO WASTE TREATMENT PLANT. /TRUE COPY/ PA TO JUDGE S.R. Bannurmath, C.J. & Thottathil B. Radhakrishnan, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 36005 OF 2008 and W.P.(C) No.14773 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of December, 2009 JUDGMENT S.R.Bannurmath, C.J. This Public Interest Litigation is filed alleging menace to the environment in respect of the unauthorised erection of Bio-waste Treatment Plant in the public Stadium in Kozhencherry Grama Panchayat. 2. In this regard, this Court had appointed a Commissioner to look into the matter and submit a report. The Advocate Commissioner studied the facts situation in detail and submitted that presently there is no possibility of any health hazard because of the operation of the Bio-waste Treatment Plant. 3. The Pollution Control Board is the authority which is required to consider the grant of consent and as such we direct the Pollution Control Board to consider the issuing of consent to operate the Bio-waste Treatment Plant in accordance with law after giving opportunity to the petitioner also to represent his W.P.(C) No. 36005 OF 2008 and W.P.(C) No.14773 OF 2009 -:2:- case. It is made clear that if after six months of the starting of the operation of the Bio-waste Treatment Plant, if any health hazard effect is found, it is open for the Pollution Control Board to take appropriate action in this regard. With this observation, the Writ Petitions are disposed of. S.R. Bannurmath, Chief Justice. Thottathil B. Radhakrishnan, Judge. ttb W.P.(C) No. 36005 OF 2008 and W.P.(C) No.14773 OF 2009 -:3:-