GEEMON Vs. THE STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The petitioner, a neighbour, has a grievance that the fourth respondent, while preparing bakery items by using chilly powder, pepper powder, etc. has been generating obnoxious fumes, causing health hazard to the petitioner.

(2.) Initially, based on the complaint of the petitioner and three others, the third respondent issued Exhibit P5 notice to the fourth respondent and later had a hearing, which concluded through Exhibit P6 proceedings. In terms of what has been concluded through Exhibit P6, the third respondent issued Exhibit P7 proceedings directing the fourth respondent to file her reply placing on record that she has complied with what has been discussed in Exhibit P6. At a later point of time, on 12.02.2015, there seems to have been another hearing resulting in Exhibit P8 proceedings.

(3.) It is the singular grievance of the petitioner that despite a clear undertaking by the fourth respondent that she will discontinue the use of chilly powder within six months, she has not complied with the said undertaking. The learned counsel for the petitioner has submitted that the petitioner has the right to live in a pollution free environment and any hurdle thereto is in gross violation of Article 21 of the Constitution of India.