IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

   THURSDAY ,THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940

                        WP(C).No. 28483 of 2018



PETITIONER/S:


                M.T. SABU,
                AGED 51 YEARS, S/O.M.N.THANKAPPAN, RESIDING HOUSE
                NO.45, MUNDUNADUKKAL, ENTHAYAR P.O., KOTTAYAM-686514,

                BY ADVS.
                RAJAN VISHNURAJ
                HARISH VASUDEVAN



RESPONDENT/S:
       1      KOOTICKAL GRAMA PANCHYAT OFFICE,
              PANCHAYAT OFFICE, MUNDAKAYAM - KOOTTICKAL RD,
              KOOTTICKAL, KOTTAYAM-686514
              REPRESENTED BY ITS SECRETARY.

      2         THE SECRETARY,
                KOOTICKAL GRAMA PANCHAYATH,
                PANCHAYAT OFFICE, MUNDAKYAM-KOOTTICKAL RD,
                KOOTTICKAL, KOTTAYAM-686514.

      3         DISTRICT MEDICAL OFFICER,
                KOTTAYAM, 2ND FLOOR, COLLECTORATE,
                KOTTAYAM-686002.

      4         ENVIRONMENTAL ENGINEER,
                KOTTAYAM, KERALA STATE POLLUTION CONTROL BOARD,
                V PUBLISHERS BUILDING,
                SREENIVASA IYER RD, KOTTAYAM-686001.

      5         CONVENOR,
                DISTRICT LEVEL SINGLE WINDOW CLEARANCE BOARD,
                KOTTAYAM DISTRICT.

      6         SUB INSPECTOR OF POLICE,
                MUDAKAYAM POLICE STATION, MUDAKAYAM,
                KOTTAYAM DISTRICT.

      7         T.D REGHU,
 WP(C).No. 28483 of 2018         2

             THOLAMAKKAL VEEDU, MUKKULAM EAST PO,
             MUKKULAM KARA, KOOTICKAL VILLAGE,
             KANJIRAPPILLY TALUK, KOTTAYAM-686514.

             R4 BY ADV. SRI. T.NAVEEN SC, KERALA STATE POLLUTION
             CONTROL BOARD

             R3,R5 & R6 BY SRI. PAUL ABRAHAM VAKKANAL, GOVERNMENT
             PLEADER




THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No. 28483 of 2018              3

                                 JUDGMENT

This writ petition is filed by the petitioner seeking the following reliefs:-

"(i) Declare tht the 5th respondent has no power to issue Exhibit P9 letter to issue license to the 7th respondent's mill unit.

(ii) Call for the records leading to issuance of Exhibit P9 and issue a writ of certiorari quashing the same.

(iii) Call for the records leading to the issuance of Exhibit P11 and issue a writ of certiorari quashing the same.

(iv) issue a writ of mandamus or any other appropriate writ directing respondents No.1,2 and 6 to ensure that no activities are carried outb y the 7th respondent in his mill unit without obtaining a valid license and permission under Sections 232 and 233 of the Kerala Panchayat Raj Act, 1994.

(v) issue a writ of mandamus or any other appropriate writ directing the 4th respondent to stop all activities carried out 7th respondent without obtaining mandatory consent to operate under the Air (Prevention and Control of Pollution) Act, 1981.

(vi) issue a writ of mandamus or any other WP(C).No. 28483 of 2018 4 appropriate writ directing the 4th respondent to take all steps necessary to curb the pollution caused by the operation of the 7th respondent's mill unit.

(vii) Pass such any other order,direction or reliefs as this Hon'ble Court may deem fit in the interest of justice, equity and good conscience."

2. From the tenor and terms of the pleadings, it is evident that, what is concerning the petitioner is the operation of flour mill by the 7th respondent without securing consent from the Pollution Control Board. It is an admitted case that, Ext.P11 D & O license is issued to the 7th respondent for conducting a flour mill, however, according to the petitioner, taking advantage of Ext.P11 order, the 7th respondent is carrying on with the powdering of chilli etc, which is not guided by Ext.P11 D & O license.

3. When this matter came up for hearing during the last occasion, Standing Counsel for the Pollution Control Board was directed to ascertain whether any consent was issued by the Pollution Control Board.

4. Today, when the matter is taken up, learned Standing Counsel submitted that no consent is issued by WP(C).No. 28483 of 2018 5 the Pollution Control Board. Even though, notice is served on the 7th respondent, there is no appearance also. Therefore, having heard learned counsel for the petitioner, learned Government Pleader and the Standing Counsel for the Pollution Control Board, there will be a direction to the 2nd respondent, ie, Secretary of the Kootickal Grama Panchayat to take appropriate action against the 7th respondent, if the 7th respondent is carrying on the operation without securing consent from the Pollution Control Board and exceeding the conditions contained under D & O license namely, Ext.P11 at the earliest, and at any rate, within a month from the date of receipt of a copy of this judgment.

The writ petition is disposed of, accordingly.

Sd/-

SHAJI P.CHALY JUDGE uu 09.11.2018 WP(C).No. 28483 of 2018 6 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE TAX RECEIPT DETAILS OF THE PROPERTY IN WHICH THE PETITIONER AND HIS FAMILY RESIDES.

EXHIBIT P2 A TRUE PHOTOCOPY OF THE COMMUNICATION DATED 25.07.2017 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. EXHIBIT P3 A TRUE PHOTOCOPY OF THE COMMUNICATION DATED 01.11.2017 ISSUED BY THE PANCHAYATH DEPUTY DIRECTOR, KOTTAYAM TO THE PETITIONER.

EXHIBIT P4 A TRUE PHOTOCOPY OF THE COMMUNICATION DATED 14.11.2017 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. EXHIBIT P5 A TRUE PHOTOCOPY OF THE COMMUNICATION DATED 01.01.2018 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. EXHIBIT P6 A TRUE PHOTOCOPY OF THE COMMUNICATION DATED 02.02.2018 ISSUED BY THE 3RD RESPONDENT TO THE 7TH RESPONDENT. EXHIBIT P7 A TRUE PHOTOCOPY OF THE COMMUNICATION DATED 23.03.2018 ISSUED BY THE 3RD RESPONDENT TO THE DIRECTOR, HEALTH DEPARTMENT, THIRUVANANTHAPURAM. EXHIBIT P8 A TRUE PHOTOCOPY OF THE ORDER DATED 30.05.2018 PASSED BY THE HON'BLE MUNSIFF COURT, ERATTUPETTA IN O.S NO.235 OF 2017.

EXHIBIT P9 A TRUE PHOTOCOPY OF THE COMMUNICATION DATED 22.05.2018 ISSUED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT. EXHIBIT P10 A TRUE PHOTOCOPY OF THE APPLICATION FOR D & O LICENSE PREFERRED BY THE 7TH RESPONDENT BEFORE THE 2ND RESPONDENT. EXHIBIT P11 A TRUE PHOTOCOPY OF THE D & O LICENSE GRANTED BY THE 2ND RESPONDENT TO THE 7TH RESPONDENT.

EXHIBIT P12 A TRUE PHOTOCOPY OF THE QUERY DATED WP(C).No. 28483 of 2018 7 16.07.2018 PREFERRED BY THE PETITIONER UNDER THE RTI ACT BEFORE THE 2ND RESPONDENT.

EXHIBIT P13 A TRUE PHOTOCOPY OF THE REPLY DATED 21.07.2018 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P14 A TRUE PHOTOCOPY OF THE REPLY DATED 28.07.2018 ISSUED FROM THE OFFICE OF THE 5TH RESPONDENT TO THE PETITIONER. EXHIBIT P15 A TRUE PHOTOCOPY OF THE MEDICAL SUMMARY OF THE DAUGHTER OF THE PETITIONER. RESPONDENT'S EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE