Yagoob Varkey And Ors vs State Of Kerala And Ors

We have heard the learned counsel appearing for the applicants as well as the respondents. This application is originally filed before the Hon'ble High Court of Kerala in W.P. No.11714 of 2012 which has been subsequently transferred to this Tribunal and renumbered as Application No. 379 of 2013 and taken on record. The reliefs claimed in the application are as follows:-

to issue a writ of certiorari quashing Exts.P2 and P3 Approval of Site issued by the 4th respondent for establishment of new Plywood factories by the respondents 7 and 8;

To issue a writ of mandamus, order or appropriate direction directing the 4th respondent to consider Ext. P4 and take appropriate action in accordance with law;

To issue a writ of mandamus, order or appropriate direction directing the 2nd respondent to consider Ext.P10 and take appropriate action for establishing cross bars to prevent the plying of loaded heavy vehicles through the Periyar Valley Irrigation Project Canal Bridge and Canal Bund Road;

To issue a writ, order or appropriate direction commanding and complelling the 3rd respondent to consider and take appropriate action Ext.P5 representation for restoration of the land alienated by the members of the Scheduled Caste Communities provided rehabilitation under the Kerala Development Plan 2003 - 2004;

To issue a writ, order or direction directing the respondents 5 and 6 to see that the factory of the 7th respondent functions only between 6 a.m. to 6 p.m.;

to issue a writ, order or direction directing the 6th respondent to see that no loaded heavy vehicles are allowed to ply through the Canal Bridge and the Canal bund road;

to issue a writ, order or direction restraining the respondents 7 and 8 from establishing any new plywood factories on the basis of Exts. P2 and P3;

to issue a writ, order or direction commanding and compelling the 5 th respondent Grama Panchayat to take appropriate action against the Plywood Factory of the 7th respondent for causing pollution of the air, water and environment including cancellation of the license issued to the Thejus Plywood Factory;

to issue such other writ, order or direction which this Honourable Court may deem fit and proper in the facts and circumstances of the case.

to issue a writ of certiorari quashing Ext.P.16 order dated 28.5.2012 of the 2nd respondent since the order is issued without authority, jurisdiction against public interest, the interest of State and the installations of the Periyar Valley Irrigation Project and yielding to extraneous considerations with the ulterior motive to prospect the business interest of the 7th respondent and to defeat the restriction of the Division Bench of this Hon'ble Court in Ext. P14 order dated 15.5.2012.

Out of the aforesaid reliefs, only the 8th relief is concerned about the Environment which states that the 5th respondent should take appropriate action against the 7th respondent causing pollution of the air, water and environment. The 7th respondent is a Plywood Factory.

As per the reply filed by the 7th and 8th respondents, the 10th respondent, Kerala State Pollution Control Board (Board) was subsequently impleaded. The said 7th and 8th respondents have filed an application before the Board for Consent to Establish which was granted with certain conditions and after fulfilment of the said conditions Consent to Operate came to be granted and as on date the Consent both under the Air and Water Act are valid upto 30.6.2018.

In the reply filed by the Board it is stated that the following conditions were complied with by the 7th and 8th respondents.

"1. The chimney attached to the boiler / thermic fluid heated shall have 30m height above ground level.

For controlling the emission from the boiler / thermic fluid heater, dust collector and water scrubber shall be provided.

Emission monitoring facilities shall be provided on the chimney such as ladder, platform and port hole

Dust collector shall be provided exclusively for the sanding machine.

Trimming waste of plywood shall not be used as fuel in the boiler

Hard surface shall be provided along the loading & unloading area to reduce waste water flow from the Unit.

The residue of urea - formaldehyde used as glue shall be allowed to settle in a two chambered leak proof tanks and the solid waste shall be mixed with boiler ash and the same in dried form shall be periodically transferred to the TSDF, Ambalamdedu (Common Hazardous waste disposal site managed by KEIL (Kerala Enviro Infrastructure Ltd) for safe disposal.

Full enclosure of the unit with brick and metal sheet shall be ensured."

Even though it is stated by the learned counsel appearing for the Board that the said respondents 7 and 8 are complying with all the conditions, we direct the Board to continue to monitor and ensure that the conditions are scrupulously followed by the 7th and 8th respondents. Needless to say in any event of any failure on the part of the said respondents 7 and 8, it is always open to the Board to take action against the respondents 7 and 8 in the manner known to law including the closure of the Unit.. With the above directions, the application shall stand disposed of.

No cost.