PALAPPILLIL SPECIFIED BLOCK RUBBERS PVT LTD KARUKADAM P O KOTHAMANGALAM Vs. KOTHAMANGALAM MUNICIPALITY REPRESENTED BY ITS SECRETARY KOTHAMANGALAM

JUDGEMENT

(1.) THROUGH Ext.P15 a Building Permit was granted in favour of the petitioner to establish a pollution treatment plant in a running industry, engaged in manufacture of 'Crumb Rubber'. When construction of the treatment plant was completed and it is about commence functioning, Ext.P6 notice was issued by the 2nd respondent suspending the building permit, stating the reason that the Chairman of the 1st respondent Municipality had instructed to do so, on the basis of complaints received from neighbouring residents alleging that the treatment plant may cause health hazards. However, in Ext.P6 it is stated that, verification need be done as to whether the construction is carried out strictly in accordance with the approved plan issued by the Pollution Control Board.

(2.) THE petitioner had produced Ext.P18 letter issued by the Environmental Engineer of the Pollution Control Board, which will indicate that, on inspection conducted by the authorities it became was satisfied that the treatment plant has been established in a satisfactory manner. In Ext.p18 it is indicated that the Board has no objection in operating the plant continuously, in accordance with the 'consent variation order' issued on 13-03-2012. THE petitioner was directed to submit effluent monitoring report, after installation of the machines and working of the treatment plant.

(3.) WHILE considering the issue, I take note of the fact that Ext.P16 is proceedings suspending the building permit. It is issued in total neglect to the directions contained in Ext.P11 interim order of the Division Bench permitting continuance of the construction. That being so, the respondents cannot be permitted to raise a contention that the petitioner had to seek permission from the Division Bench for further directions. On the other hand learned counsel for the petitioner submitted that the observations contained in Ext.P11 relates only with respect to matter of granting police protection, and the petitioner need to seek further directions only for the purpose of police protection. WHILE considering the directions contained in Ext.P11, I take note of the submissions made by the party respondents before the Division Bench. they submitted that they have no objection for completion of the construction of the treatment plant as that would solve the pollution.