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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
FRIDAY, THE 5TH DAY OF APRIL 2013/15TH CHAITHRA 1935
WP(C).No. 7657 of 2013 (F)
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PETITIONERS:
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1. A.L.KUNJAPPAN AGED 57 YEARS
S/O.LATE LONAN, ANAKKADU HOUSE, S.R.M.ROAD
KOCHI, ERNAKULAM DISTRICT. 682 012.
2. C.P.JOHN AGED 59 YEARS
S/O.LATE PETER, CHAMAYIL HOUSE, PACHALAM
KOCHI-682 012.
3. P.M.MAJEED AGED 50 YEARS
S/O.LATE MOHAMMED, MADANATHAYAM, SRM ROAD
KOCHI-682 012.
4. K.B.MOHANAN AGED 55 YEARS
S/O.LATE BHASKARAN, KARUKAPPALLIL HOUSE
DESABHIMANI ROAD, KALOOR-682 017.
5. P.T.JOSE AGED 55 YEARS
S/O.THOMSON, PUNNELIPARAMBIL HOUSE, THAZHEKKADU.P.O.
THRISSUR DISTRICT.
BY ADVS.SRI.K.ABDUL JAWAD
SRI.P.H.SHAJAHAN
RESPONDENTS:
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1. CORPORATION OF KOCHI
REP. BY SECRETARY, CORPORATION OF KOCHI, KOCHI
ERNAKULAM DISTRICT.
2. SECRETARY
CORPORATION OF KOCHI, KOCHI, ERNAKULAM DISTRICT.
3. DISTRICT MEDICAL OFFICER
ERNAKULAM.
4. SENIOR ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD, GANDHI NAGAR
ERNAKULAM-682 020.
5. REGISTRAR
KERALA STATE HUMAN RIGHTS COMMISSION
M.P. APPAN ROAD, VAZHUTHACADU
THIRUVANANTHAPURAM-695 014.
6. REETHA FERNANDES
FEATHER COTTAGE, HOUSE NO.43/1188
BEHIND PACHALAM MARKET, PACHALAM, KOCHI-682 012.
R BY GOVERNMENT PLEADER SMT.ANITA RAVINDRAN
R BY SRI. S.CHANDRASENAN,SC,COCHIN CORPORATION
R BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05-04-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 7657 of 2013 (F)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1- THE TRUE COPY OF THE RECEIPT ISSUED TO THE IST PETITIONER
BY THE 2ND RESPONDENT DATED 19.3.2012.
EXHIBIT P2- THE TRUE COPY OF THE RECEIPT ISSUED TO THE 2ND PETITIONER
BY THE 2ND RESPONDENT DATED 14.3.2012.
EXHIBIT P3- THE TRUE COPY OF THE RECEIPT ISSUED TO THE 3RD PETITIONER
BY THE 2ND RESPONDENT DATED 29.2.2012.
EXHIBIT P4- THE TRUE COPY OF THE RECEIPT ISSUED TO THE 4TH PETITIONER
BY THE 2ND RESPONDENT DATED 2.3.2012.
EXHIBIT P5- THE TRUE COPY OF THE RECEIPT ISSUED TO THE 5TH PETITIONER
BY THE 2ND RESPONDENT DATED 19.3.2012.
EXHIBIT P6- THE TRUE COPY OF THE RECEIPT SLAUGHTERING FEE ISSUED BY THE
CONTRACTOR OF THE SLAUGHTER HOUSE TO THE 2ND PETITIONER DATED
10.03.2013.
EXHIBIT P7- THE TRUE COPY OF THE RECEIPT SLAUGHTERING FEE ISSUED BY THE
CONTRACTOR OF THE SLAUGHTER HOUSE TO THE 4TH PETITIONER DATED
10.03.2013.
EXHIBIT P8- THE TRUE COPY OF THE PROCEEDINGS OF THE HUMAN RIGHTS
COMMISSION IN HRMP NO.2078 OF 2011 DATED 4.02.2013.
EXHIBIT P9- THE TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 2ND
RESPONDENT DATED 14.03.2013.
RESPONDENT(S)' EXHIBITS NIL
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JJ /TRUE COPY/
P.S.TO JUDGE
K. SURENDRA MOHAN, J.
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W.P(C) NO: 7657 OF 2013
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Dated this the 5th April, 2013.
JUDGMENT
The petitioners are persons who have been vending meat at the Pachalam market, a public market under the first respondent. As per Ext.P8 order, the Kerala Human Rights Commission, Thiruvananthapuram, has taken serious note of the pollution problems created by the conduct of the market. It has been found that no measure to contain or control the nuisance caused has been adopted by the first respondent either under the Water (Prevention and Control of Pollution) Act, 1974 or the Air (Prevention and Control of Pollution) Act, 1981. Therefore, the Pollution Control Board has been directed to conduct an inspection of the market, to issue directions to the first respondent for abatement of the nuisance and pollution and to initiate further action on the basis of the recommendations to be made to the said authority. Ext.P8 has also directed that if the pollution was not abated before 31.3.2013, and a Clearance Certificate/Consent obtained from the Pollution Control Board, the licence to the vendors occupying the market WPC7657/2013 2 shall not be renewed. The petitioners contend that they are seriously prejudiced by the refusal to renew their licences.
2. Adv.S.Chandrasenan appears for the first respondent Municipality and Adv.M.Ajay appears for the Pollution Control Board. I have heard the petitioner as well as the counsel appearing for the respondents.
3. According to the counsel for the fourth respondent, though directions were issued to the first respondent to adopt certain measures like installing a bio gas plant and a plant for treatment of the effluents as well as certain other measures like raising the height of the compound wall etc, the directions have not been implemented till date. According to the counsel for the first respondent, the Corporation has undertaken various measures to ensure that the pollution caused by the working of the market is abated. The entire premises have been cleaned, the drains have been cleared of all wastes and at present, the market is kept in a clean and safe condition. The above facts would have to be ascertained and taken stock of by the fourth respondent who is the competent authority. As per Ext.P8 also it is the fourth WPC7657/2013 3 respondent who has been directed to issue the necessary Clearance Certificate/consent after ensuring that proper measures have been adopted for ensuring that the public market would be conducted without causing nuisance to the residents of the locality.
4. This writ petition is therefore disposed of with the following directions:-
i) The fourth respondent shall conduct an inspection of the Pachalam market to assess the efficacy of the measures adopted by the first respondent Corporation and to ascertain whether the measures adopted are sufficient to ensure that the market is run without causing nuisance or health hazards to the residents of the locality. If the measures directed to be adopted by the fourth respondent have been put in place, it shall be open to the fourth respondent to grant Clearance Certificate/consent to the first respondent for operating the market.
ii) As and when Clearance Certificate/consent is issued by the fourth respondent, it shall be open to the first respondent to initiate proceedings for renewing the licences of the persons who have been conducting business in the market. However, the first WPC7657/2013 4 respondent shall adopt effective measures to ensure that the directions of the fourth respondent are complied with and that the market is run free of any nuisance to the residents of the locality.
Sd/-
K. SURENDRA MOHAN
Judge
jj /True copy/
P.S.to Judge