E.A.USMAN Vs. MAZHUVANNOR GRAMA PANCHAYATH

JUDGEMENT

(1.) This writ petition is filed with the following prayers:

(2.) Petitioner is the owner of National Plywood Industries functioning in the Rubber Park, Airapuram. KINFRA is a Government agency under the Government of Kerala and a joint venture of the Government of Kerala. The petitioner states that the rubber park has an effluent treatment plant that uses a common drainage system to collect effluents. The authorities of the rubber park are duty-bound to ensure maintenance of the above effluent treatment plant, is the submission. The petitioner submits that most of the manufacturing units, including the petitioner, have installed individual effluent treatment plants in the rubber park and that the plants are functioning properly. The entire wastewater generated therein is treated and re-used is the submission.

(3.) While being so, some persons have filed complaints before the 1st respondent Panchayat alleging pollution, on which the Health Department of the Panchayat conducted an investigation and filed a report. Based on the above complaints and reports, the Panchayat had issued a show cause notice, as evident by Ext.P1 is the submission. Pursuant to similar complaints before the 3rd respondent Pollution Control Board, the Board conducted an investigation and issued a show cause notice to the petitioner. Ext.P2 is the show cause notice of the 3 rd respondent. The petitioner submitted Ext.P3 reply to Ext.P2 show cause notice. Thereafter, as per Ext.P4, the 2 nd respondent issued an order imposing a fine of Rs.50,000.00 on the petitioner. The Panchayat has imposed a fine on the petitioner for discharging wastewater into public places, thereby polluting water sources. According to the petitioner, Ext.P4 was issued without affording the petitioner an opportunity to be heard. Hence, this writ petition.