IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WP(C).No. 30574 of 2009(N) -------------------------------------- PETITIONER(S): ---------------------- GRAMEENA AAROGYA SAMRAKSHANA SAMITHY (REG.NO.T.649/09), VELLARADA, THIRUVANANTHAPURAM. REPRESENTED BY ITS SECRETARY C.K.DHARMAPALAN. BY ADV. MR.D.KISHORE RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT (RC), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE VELLARADA GRAMA PANCHAYATH VELLARADA, THIRUVANANTHAPURAM. REPRESENTED BY ITS SECRETARY. 3. KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. REPRESENTED BY ITS MANAGING DIRECTOR. R1 BY GOVERNMENT PLEADER MR.I.V. PRAMOD R3 BY ADV. MR.JOHNSON P. JOHN, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.30574 of 2009-N = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 28th day of October, 2009. JUDGMENT 1.Learned Government Pleader appears for the first respondent and the learned standing counsel appears for the third respondent. 2.Vellarada Grama Panchayat decided to have the KSRTC workshop shifted from its present site to a different place since as at present, it is situated in the busy junction. The proposed site, according to the petitioner, the Grameena Aarogya Samrakshna Samithy, is within 69 metres of a Primary Health Centre, as certified by the Village Officer. According to the petitioner, the pollution control law applies and in terms of Ext.P1 notification, the KSRTC workshop will be within the silent zone in relation to the Public Health Centre. This issue was carried to the WPC30574/09 -: 2 :- Government. That challenge was rejected. 3.The learned counsel for the petitioner points out that in terms of the statute law, the matter had to go from the Government for opinion of the Tribunal for LSGIs or the Ombudsman for LSGIs. The petitioner also states that the said Samithy was not heard by the Government. 4.The ground realities being as noticed above, all that has to be ensured is that the requisite safety measures, including sound levels, are provided in relation to the activities of the Public Health Centre. Health and transport are to be provided. The development has to be by sustaining both. While repelling the challenge of the petitioner to the Government Order, it is directed that the KSRTC will ensure that its activities in the new site do not cause any hindrance to the needs and prescriptions as regards the Primary Health WPC30574/09 -: 3 :- Centre. The writ petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/091109