IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 30586 of 2008(N) -------------------------- PETITIONER(S): --------------- 1. DEVASSIA SEBASTIAN @ BABY, ARUTHUKUZHIYIL HOUSE, KOODALLUR KARA, KIDANGOOR, MEENACHIL TALUK. 2. MATHAI OUSPEH, ARUTHUKUZHIYIL HOUSE, KOODALLUR KARA, KIDANGOOR, MEENACHIL TALUK. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR RESPONDENT(S): --------------- 1. POLLUTION CONTROL BOARD, REPRESENTED BY ITS SENIOR ENVIRONMENTAL ENGINEER, KOTTAYAM DISTRICT. 2. KIDANGOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KIDANGOOR. 3. JAIMON ISSAC, VALLITHOTTATHIL INDUSTRIES, KOODALLUR.P.O, VAYALA, KOTTAYAM. ADV. SRI.MATHEW JOHN (K) FOR R3 SRI.AJEESH K.SASI FOR R3 SRI.V.G.ARUN FOR R2 SRI.T.R.HARIKUMAR FOR R2 ADV.CHANDRAMOHAN DAS, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 30586/08. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE EXTRACT OF the CIRCULAR. P2. COPY OF THE REPRESENTATION DTD.4.10.08. P3. COPY OF THE PHOTOGRAPH OF THE ROAD. P4. COPY OF THE PHOTOGRAPH. P5 -DO- RESPONDENT(S)' EXHIBITS: R3A. COPY OF THE CIRCULAR DTD.26.8.2003. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.30586 of 2008 ================== Dated this the 13th day of August, 2009 J U D G M E N T The petitioners filed this writ petition alleging that the 3rd respondent is operating a crusher unit in a thickly populated residential area without complying with the legal formalities. Particular stress is given to the fact that due to the functioning of the crusher unit, there is severe air, water and sound pollution in the area. The petitioners, therefore, seek the following reliefs: “i) to issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents 1 & 2 to take appropriate action to prevent the functioning of 3rd respondent till the norms prescribed in Ext.P1 are fulfilled. i) to direct the respondents 1 & 2 to take appropriate action on Ext.P2 and similar complaints after hearing the petitioners. iii) to direct the respondents to take adequate measures to ensure that there is no air, around (sic) or water pollution is caused due to the operation of 3rd respondent.” 2. The petitioners now submit that for giving consent the Pollution control Board has imposed stringent conditions, which are being violated by the 3rd respondent. 3. I have heard the learned counsel for the petitioners, the learned standing counsel appearing for the Pollution Control Board, the learned counsel for the Panchayat and the learned counsel for the 3rd respondent. 4. In the facts and circumstances of the case, I dispose of this 2 writ petition with a direction to th 1st respondent to conduct an inspection in the 3rd respondent's crusher unit and take appropriate action as warranted by law, if it is found that there is any violation of the conditions prescribed by the Board or there is any pollution caused by the 3rd respondent's crusher unit. Proceedings in this regard shall be taken within one month from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge