High Court of KeralaWP(C)/12781/2015disposed of

Laila Hamsa v. Annamanada Grama Panchayath

2015-08-04Honourable Mr. Justice A.V.Ramakrishna Pillai8 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 04TH DAY OF AUGUST 2015 / 13TH SRAVANA, 1937 WP(C).No.12781 of 2015 PETITIONER:

LAILA HAMSA,W/O.LATE HAMSA,PEDIKKATT(H), POOVATHUSSERY.P.O, ANNAMANADA PANCHAYATH,THRISSUR(DIST),PIN-680741. BY ADVS.

SMT.M.REMA MENON SMT.T.MANASY RESPONDENTS:

ANNAMANADA GRAMA PANCHAYATH REPRESENTED BY IT'S SECRETARY,ANNAMANADA.P.O,THRISSUR DISTRICT, PIN-680741.

THE SECRETARY ANNAMANADA GRAMA PANCHAYATH,ANNAMANADA.P.O, THRISSUR(DIST),PIN-680741.

THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE,ANNAMANADA.P.O, THRISSUR(DIST),PIN-680741.

THE HEALTH INSPECTOR, PRIMARY HEALTH CENTRE,ANNAMANADA.P.O, THRISSUR(DIST),PIN-680741.

THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL, NEAR BIG BAZAR,THRISSUR-20.

JOHN, AGED 52 YEARS,PANAKKAL(H),POOVATHUSSERY.P.O, THRISSUR(DIST),PIN-680741.

LISSY JOHN AGED 48 YEARS W/O.JOHN,PANAKKAL(H),POOVATHUSSERY.P.O,THRISSUR(DIST) ,PIN-680741.

WPC No.16479/2015 & 12781/2015 2 CYRIL AGED 26 YEARS S/O.JOHN,PANAKKAL(H),POOVATHUSSERY.P.O, TRISSUR(DIST),PIN-680741.

R3 & R4 BY GOVT.PLEADER SMT.ANITHA RAVINDRAN R1 & R2 SRI.FRANCO T.J.

R5 BY SRI M.AJAY, SC R6 TO R8 BY ADVS.C.P.WILSON SRI TEKCHAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.08.2015, ALONG WITH WP(C).16479/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC No.16479/2015 & 12781/2015 3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 04TH DAY OF AUGUST 2015 / 13TH SRAVANA, 1937 WP(C).No.16479 of 2015 PETITIONER:

SYRIL JOHN, S/O.JOHN, PANAYKKAL HOUSE, POOVATHUSSERY (P.O)THRISSUR.

BY ADVS.

SRI.C.P.WILSON SRI.V.TEKCHAND RESPONDENTS:

ANNAMANADA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, ANNAMANDA, THRISSUR DISTRICT PIN - 680741 SECRETARY ANNAMANADA GRAMA PANCHAYAT, ANNAMANDA, THRISSUR DISTRICT ,PIN-680741 LAILA HAMSA W/O.LATE HAMSA,PEDIKKAT HOUXSE, POOVATHUSSERY P.O., THRISSUR PIN 680741 BY ADVS.

R1 & R2 BY SRI.FRANCO T.J.

R3 BY ADV.SMT.M.REMA MENON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.08.2015, ALONG WITH WP(C).12781/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC No.16479/2015 & 12781/2015 4

JUDGMENT

[ WP(C) 12781/2015 ,WP(C).16479/2015 ] These writ petitions relate to the functioning of a brick manufacturing unit by the petitioner in WPC No.16479/2015. WPC No.12781/2015 is filed by a local resident opposing the functioning.

2. According to the petitioners in WPC No.12781/2015, the functioning of the unit is unauthorised. However, the petitioner who is running the unit, i.e. the petitioner in WPC No.16479/2015 is aggrieved by the stop memo issued by the respondent Panchayat.

3. I have heard the learned counsel for the petitioner in WPC No.16479/2015, the learned standing counsel for the respondent Panchayat, the learned standing counsel for the Kerala State Pollution Control Board and Smt.Rema Menon the learned counsel for the party respondent in WPC No.16479/2015 (petitioner in WPC No.12781/2015).

4. The third respondent in WPC No.16479/2015 has filed a

WPC No.16479/2015 & 12781/2015 5 detailed counter affidavit refuting all the allegations in WPC No.16479/2015.

5. When the matter came up for hearing on a specific query put by me as to whether the Panchayat had given clearance for the petitioner in WPC No.16479/2015.

6. The learned standing counsel for the respondent Panchayat submitted that all applications submitted by the petitioner in WPC No.16479/2015 are pending consideration before the respondent Panchayat and they have not processed the same on account of the interim orders passed in these writ petitions.

7. The learned counsel for the petitioner in WPC No.16479/2015 inviting my attention to Ext.P4 in that writ petition would submit that the Kerala State Pollution Control Board has imposed certain conditions before making the unit operational. According to the learned counsel, none of those conditions have been complied with.

8. As the applications are now pending before the respondent Panchayat, this Court is of the view that it is only just and proper to direct the respondent Panchayat to consider the applications after affording both the petitioners an opportunity of being heard within a time frame.

WPC No.16479/2015 & 12781/2015 6 Therefore, these writ petitions are disposed of directing the respondent Panchayat to consider the issue, after affording both the petitioners an opportunity of being heard within a period of one month from the date of receipt of a copy of this judgment. Before considering the issue, the authorised representative of the respondent Panchayat shall make a local inspection of the unit of the petitioner in WPC No.16479/2015 to ascertain whether the conditions imposed by the Kerala State Pollution Control Board in Ext.P4 have been complied with in letter and spirit. This shall be done with due notice to both petitioners. Only after making the inspection and satisfying themselves that the conditions imposed by the Pollution Control Board has been complied with, further hearing of the parties shall be conducted.

If the conditions are complied with, it shall be open to the respondent Panchayat to grant license if the application is otherwise in order. The entire exercise shall be completed within a period of one month from the date of receipt of a copy of this judgment.

Sd/- A.V.RAMAKRISHNA PILLAI JUDGE Css/ true copy P.S.to Judge

WPC No.16479/2015 & 12781/2015 7 APPENDIX OF WP(C) 12781/2015 PETITIONER'S EXHIBITS:

EXHIBIT P1 EXT.P1 TRUE COPY OF COMPLAINT DATED 01-102013 TO THE SECRETARY,ANNAMANADA GRAMA PANCHAYATH EXHIBIT P2 EXT.P2 TRUE COPY OF COMPLAINT DATED 16-082014 TO THE SECRETARY,ANNAMANADA GRAMA PANCHAYATH EXHIBIT P3 EXT.P3 TRUE COPY OF THE APPLICATION SUBMITTED TO THE PUBLIC INFORMATION OFFICER,ANNAMANADA GRAMA PANCHAYATH,DTD 2208-2014 EXHIBIT P4 EXT.P4 TRUE COPY OF THE REPLY ISSUED BY SECRETARY,ANNAMANADA GRAMA PANCHAYATH DATED 18-09-2014 EXHIBIT P5 EXT.P5 TRUE COPY OF THE LETTER ISSUED FROM THE O/O THE CHIEF MINISTER DATED 24-10-2014 EXHIBIT P6 EXT.P6 TRUE COPY OF THE LETTER NO:C-366148/2014,ISSUED FROM THE DISTRICT COLLECTOR,THRISSUR,DATED 18-11-2014 EXHIBIT P7 EXT.P7 TRUE COPY OF THE AWARD DATED 19-122014,OF LOK ADALATH.IRINJALAKUDA IN PLP.906/2014 EXHIBIT P8 EXT.P8 TRUE COPY OF THE COMPLAINT SUBMITTED TO THE ENVIRONMENTAL ENGINEER,POLLUTION CONTROL BOARD ON 08-01-2015.

RESPONDENT'S EXHIBITS : NIL

WPC No.16479/2015 & 12781/2015 8 APPENDIX OF WP(C) 16479/2015 PETITIONER'S EXHIBITS:

EXHIBIT P1 P1 - TRUE COPY OF THE ACKNOWLEDGMENT FROM THE DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA DATED 18.07.2013 EXHIBIT P2 P2 - TRUE COPY OF THE SANITARY FITNESS CERTIFICATE.

EXHIBIT P3 P3 - TRUE COPY OF THE POWER ALLOCATION

ORDER

EXHIBIT P4 P4 - TRUE COPY OF THE CONSENT TO ESTABLISH ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.

EXHIBIT P5 P5 - TRUE COPY OF THE STOP MEMO ISSUED BY 2ND RESPONDENT EXHIBIT P6 P6 - TRUE COPY OF THE REPLY SUBMITTED ON 20.4.2014 EXHIBIT P7 P7 - TRUE COPY OF THE ORDER IN WPC.NO.12781/2015 RESPONDENT'S EXHIBITS:

EXT.R3(A) TRUE COPY OF COMPLAINT DATED 1.10.2013 TO THE SECRETARY ANNAMANADA GRAMA PANCHAYAT EXT.R3(B) TRUE COPY OF COMPLAINT DATED 16.8.2014 TO THE SECRETARY, ANNAMANADA GRAMA PANCHAYAT EXT.R3(C) TRUE COPY OF THE LETTER NO.C3-66148/2014, ISSUED BY THE DISTRICT COLLECTOR, THRISSUR DATED 18.11.2014.

EXT.R3(D) TRUE COPY OF THE COMPLAINT SUBMITTED TO THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, THRISSUR ON 6.1.2015. MBR/