IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 WP(C).No. 30356 of 2008(L) -------------------------------------- PETITIONER: ------------------- K.KRISHNAKUMAR, S/O.K.ACHUTHAN NAIR, AGED 44 YEARS, PROPRIETOR, ENRICH FERTILIZERS AND CHEMICALS, VELLIYAD, MANNANNOOR, OTTAPPALAM VIA - PALAKKAD DISTRICT. BY ADVS. MR.BABU JOSEPH KURUVATHAZHA, MR.K.I.SAGEER IBRAHIM. RESPONDENTS: ------------------------ 1. VANIAMKULAM GRAMA PANCHAYATH, REP. BY ITS SECRETARY, OFFICE OF THE VANIAMKULAM GRAMA PANCHAYATH, VANIMAKULAM P.O., OTTAPPALAM - VIA, PALAKKAD DISTRICT. 2. THE SECRETARY, VANIAMKULAM GRAMA PANCHAYATH, VANIAMKULAM P.O., OTTAPPALAM - VIA, PALAKKAD DISTRICT. 3. VANIAMKULAM GRAMA PANCHAYATH COMMITTEE, REP. BY ITS PRESIDENT, OFFICE OF THE VANIAMKULAM GRAMA PANCHAYATH, VANIAMKULAM P.O., OTTAPALAM VIA, PALAKKAD DISTRICT. 4. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, ULLOOR, THIRUVANANTHAPURAM REP. BY ITS SECRETARY. 5. KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, PALAKKAD, REP. BY ITS SENIOR ENVIRONMENTAL ENGINEER. R1 TO R3 BY ADVS. MR.M.V.BOSE, MR.VINOD MADHAVAN, SMT.NISHA BOSE, R4 BY GOVT. PLEADER MR. V. MANU, R5 BY SMT.P.K.RADHIKA, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/10/2009, ALONG WITH W.P.(C). NO. 5439 OF 2009 AND CONNECTED CASES,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.30356/2008-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LICENCE BEARING NO.300/2000-01 DTD. 14/02/2001 ISSUED BY THE R.1. EXT.P.2: COPY OF THE LICENCE BEARING NO. A4-219/06-07 DTD. 01/06/2006 ISSUED BY THE R.1. EXT.P.3: COPY OF THE CONSENT NO.PCB/PLKD/IC/CO/F/18/2008 DTD. 15/05/2008 ISSUED BY THE R.5. EXT.P.4: COPY OF THE CONSENT NO.PCB/PLKD/IC/CO/F/123/2008 DTD. 23/05/2008 ISSUED BY THE R.5. EXT.P.5: COPY OF THE APPLICATION DTD. 03/01/2008 SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.6: COPY OF THE ORDER DTD. 19/01/2008 OF THE R.2. EXT.P.7: COPY OF THE APPEAL DTD. 20/02/2008 SUBMITTED BY THE PETITIONER BEFORE THE R.3. EXT.P.7.(A): COPY OF THE DECISION NO.2 DTD. 29/02/2008 OF THE R.3. EXT.P.8: COPY OF THE ORDER DTD. 29/07/2008 OF THE R.4. EXT.P.9: COPY OF THE APPLICATION DTD. 31/05/2008 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.10: COPY OF THE REPRESENTATION DTD. 09/06/2008 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.11: COPY OF THE JUDGMENT DTD. 19/06/2008 IN W.P.(C).NO.18473/2008 OF THIS HONOURABLE COURT. EXT.P.12: COPY OF THE ORDER NO. A4-258/08 DTD. 18/06/2008 OF THE R.2. EXT.P.13: COPY OF THE APPEAL DTD. 02/07/2008 SUBMITTED BY THE PETITIONER BEFORE THE R.3. EXT.P.14: COPY OF THE ORDER NO. A4-258/08 DTD. 11/08/2008 OF THE R.3. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).Nos.30356 OF 2008, Nos.5439, 9453 & 12223 OF 2009 ------------------------------------------- Dated this the 5th day of October, 2009 JUDGMENT 1.Read the order dated 15.7.2009. 2.As noticed in the aforesaid order, these matters relate to two units, Valluvanad and Enrich. Valluvanad powders dry bones and Enrich mixes that product with certain other components to form organic manure. Considerable opposition was raised by the pubic. The grama panchayat, therefore, objected to the continued activity of Valluvanad and Enrich. That has led to this bunch of writ petitions, of which, one is filed by the grama panchayat. 3.With the passage of time, more than the legal issues that were raised, the ground reality was that the hygienic conditions to be maintained have to be ensured and the citizens of the locality have to be guaranteed a pollution free environment, at WPC.30356/08 & con cases. Page numbers any rate, with no pollution beyond the permitted bench marks. It was, therefore, that after hearing counsel on either side, the aforesaid order was issued. Following that, the Pollution Control Board had ensured that a test operation of the units are conducted in terms of the aforesaid order dated 15.7.2009. A report dated 15.9.2009 is filed by the Senior Environmental Engineer, PCB, District Office, Palakkad. That report is taken on record and it will stand appended to this judgment. 4. Following the aforesaid, the Senior Environmental Engineer has noticed that during the five days monitoring, there were no bad odour and the conditions stipulated in the consent issued by the PCB have been complied with and still further, that there were no nuisance to the public as only dry bones were being processed and that all air pollution control devices were in operation. 5.The matter that ultimately thus emerges is that if all air pollution control devices are in operation, providing the WPC.30356/08 & con cases. Page numbers optimal support and if dry bones alone are used, i.e., to say, bones which have not reached the bench mark of being treated as dry being excluded, the continued operation of the two units under the effective supervision of the PCB and the grama panchayat authorities would satisfy the ends of justice in the given set of circumstances. 6.Taking the aforesaid into consideration, it is directed that the units in question, Valluvanad and Enrich can continue with the operations with all their air pollution control devices in operation in terms of the requirement of science and law and by using only dry bones for being processed. The PCB authorities and the grama panchayat will ensure that strict vigil is imposed to see that there is no infraction of the directions contained in this judgment for the continued operation of the aforesaid units. It is further ordered that in the event of the grama panchayat or the PCB noticing any violation of this order, they will be at liberty to take action in WPC.30356/08 & con cases. Page numbers accordance with laws. These writ petitions are ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.6/10.