IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WP(C).No. 36341 of 2009(K) -------------------------------- PETITIONER: -------------- MUHAMMED BASHEER,S/O.ALI, MUNDOKKARA HOUSE,PADINJARATHARA,KALPETTA, WAYANAD. BY MR.R.BINDU (SASTHAMANGALAM), ADVOCATE. MR.PRASANTH M.P, ADVOCATE. RESPONDENTS: ------------------ 1. SRI.C.K.ARUN KUMAR,THE MANAGING DIRECTOR M/S UNION ENTERPRISES,KALPETTA. 2. SRI.M.P.VENUGOPAL,MANAGING PARTNER, VRINDAVAN HOTEL,KALPETTA. 3. SRI.K.T.MAJEED,KALLUTHODIKAYIL HOUSE, PADANILAM,KUNNAMANGALAM.P.O. 4. THE SECRETARY,KALPETTA MUNICIPALITY, KALPETTA. 5. THE ASSISTANT ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,WAYANAD. 6. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY MR.M.K.CHANDRA MOHANDAS, SC, FOR R5. MS.P.K.RADHIKA, SC, FOR R5. MR.JOE JOSEPH KOCHIKUNNEL, ADVOCATE, FOR R4. MR.V.L.SHENOY, ADVOCATE, FOR R1 TO R3. MS.N. SUDHA DEVI, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.36341/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF PLAN OF PRESENT STRUCTURE. EXT. P2 : COPY OF PETITION DTD. 31.12.08 SUBMITTED TO R4. EXT. P3 : COPY OF ORDER PASSED BY R4 DTD. 11.2.09. EXT. P4 : COPY OF LETTER DTD. 6.4.09 ISSUED BY R5. EXT. P5 : COPY OF LETTER DTD. 20.5.09. EXT. P6 : COPY OF COMPLAINT DTD. 23.7.09 GIVEN BY ONE K.A. BHASKARAN, S/O. APPUKUTTAN. EXT. P7 : COPY OF COMPLAINT GIVEN BY SRI.V.T. VIJAYAN DTD. 30.9.09. EXT. P8 : COPY OF THE PLAN. EXT. P9 : COPY OF LETTER ISSUED BY R5 TO R1 DTD. 16.10.09. EXT. P10 : COPY OF NOTICE DTD. 2.11.09. EXT. P11 : COPIES OF PAPER REPORTS PUBLISHED IN KERALA KAUMUDI DAILY DTD. 14.10.09. EXT. P11(a) : COPIES OF PAPER REPORTS PUBLISHED IN, DESHABHIMANI DAILY DTD. 14.10.09. EXT. P11(b) : COPIES OF THE PAPER REPORTS PUBLISHED IN CHANDRIKA DAILY DTD. 14.10.09. EXT. P11(c) : COPIES OF PAPER REPORTS PUBLISHED IN TEJAS DAILY DTD. 23.10.09. EXT. P12(a) : COPY OF NOTICE ISSUED BY R4 TO R1 DTD. 31.1.10. EXT. P12(b) : COPY OF NOTICE ISSUED BY R4 TO R1 DTD. 3.3.10. 1ST RESPONDENT'S EXHIBITS: ANNEXURE R1(a): COPY OF CONSENT DTD. 19.3.10 ISSUED BY ASST. ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, KALPETTA. ANNEXURE R1(b): COPY OF RECEIPT EVIDENCING THE PAYMENT OF LICENCE FEE DTD. 23.3.10 ISSUED BY R4. WP(C).No.36341/2009 ANNEXURE R1(c): COPY OF RECEIPT DTD. 23.3.10 EVIDENCING PAYMENT OF THE REQUISITE LICENCE FEE TO RUN THE HOTEL AND RESTAURANT IN QUESTION AT DOOR NUMBER 10/198, 199 AND 207(2). 5TH RESPONDENT'S EXHIBITS: EXT. R5A : COPY OF UNDERTAKING DTD. 20.2.10. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.36341 OF 2009 --------------------------------------- Dated this the 7th day of June, 2010. J U D G M E N T This writ petition is filed seeking mainly for a direction to the respondents 4 and 5 to implement the directions already issued by them to the respondents 1 to 3 to close down/dismantle the waste water drain from the commercial building owned and possessed by them into the public drain. There is a further prayer to direct the respondents 1 to 3 not to run their commercial establishments until they construct and commission the sewage treatment plant as directed by the 5th respondent, so as to treat the effluents generated within their premises without being discharged into the public drain. 2. Heard the learned Standing Counsel for the Pollution Control Board, learned counsel appearing for the Municipality and the learned counsel appearing for the respondents 1 to 3. 3. The respondents 1 to 3, along with I.A.No.5258/2010, have produced Exhibit R1(a), a true copy of the consent dated W.P.(C) No.36341/2009 2 19.03.2010 issued by the Assistant Environmental Engineer of the Kerala State Pollution Control Board, Kalpetta. It is submitted by the learned counsel for the 1st respondent that all effective steps have been taken as directed by the Pollution Control Board. The same is recorded. Learned counsel for the petitioner, therefore, submitted that the writ petition may be disposed of allowing the petitioner an opportunity to challenge Exhibit R1(a) before the appropriate forum. In that view of the matter, this writ petition is disposed of without prejudice to the right of the petitioner to challenge Exhibit R1(a) before the appropriate forum. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp