K. RAVI Vs. SECRETARY

JUDGEMENT

(1.) The petitioner, who is a resident near 'L.D. Fibre Boat Yard' run by the 3rd respondent in Alappad Grama Panchayat, has filed this writ petition under Article 226 of the Constitution in India, seeking a writ of mandamus commanding the 1st respondent, the Secretary of Alappad Grama Panchayat, to consider and pass appropriate orders on Ext.P1 representation dated 10.04.2018, after affording him an opportunity of being heard. In the writ petition it is alleged that, on account of the manufacturing process undertaken in the 3rd respondent's boat yard, which is only 3 meters away from the petitioner's house, the petitioner and his family members are suffering from various ailments like breathing problem, asthma, skin disease, etc.

(2.) On 25.10.2018, when this writ petition came up for admission, urgent notice by speed post was ordered to respondents 1 and 3, returnable within two weeks. The learned Standing Counsel for the Pollution Control Board was directed to get instructions from the 2nd respondent Environmental Engineer.

(3.) On 29.05.2019, a counter affidavit has been filed by the 3rd respondent opposing the reliefs sought for in this writ petition, producing therewith Ext.R3(a) licence dated 09.10.2017 granted by the 1st respondent for repairing fishing boats in 'L.D. Fibre Boat Yard', which was valid from 09.10.2017 to 31.03.2018. The document marked as Ext.R3(b) is receipt evidencing payment of profession tax for the year 2018-2019; Ext.R3(b)(2) is receipt evidencing payment of licence fee for Trade licence for the year 2018-2019; Ext.R3(c) is Integrated Consent to Operate (Renewal) dated 17.06.2016 issued by the Kerala Pollution Control Board, which is valid upto 31.01.2020. As per the conditions attached to Ext.R3(c) the particulate matter and sound level at the boundary of the premises shall not exceed the 'National Ambient Air Quality Standard' and 'Ambient Air Quality Standard in respect of Noise' specified on that areas; all operations likely to produce dust or noise shall be carried out within sufficiently closed and insulted premises; spray painting shall not be carried out in the unit; and there shall not be any fugitive emissions from the premises. The document marked as Ext.R3(d) is the Non-Objection Certificate issued by the Assistant Divisional Officer, Fire and Rescue Services, Kollam. In the counter affidavit, the 3 rd respondent would contend that the Boat Yard is being conducted on the strength of the trade licence granted by the Grama Panchayat; consent to operate granted by the Pollution Control Board and Non-Objection Certificate issued by the Assistant Divisional Officer, Fire and Rescue Services, Kollam.