SAHIR P.V Vs. MUTHUVALLUR GRAMA PANCHAYATH

JUDGEMENT

(1.) The petitioner, who is stated to be running an Organic Fertilizer Manufacturing Unit within the territorial limits of the first respondent Grama Panchayat, impugns Exhibit P5 notice, asking him to temporarily stop his manufacturing activities, alleging that it causes extreme pollution, including noxious smell and water contamination. The petitioner submits that the allegations in Exhibit P5 are completely wrong and that he is operating the Unit under all necessary consents and licences, including Exhibit P3 Consent to Operate from the Kerala State Pollution Control Board ('the Board' for short). He, therefore, prays that Exhibit P5 be set aside.

(2.) Even though the pleadings and counter pleadings in this case contain several averments and allegations, on account of earlier interim orders of this Court, the Board appears to have inspected the premises of the petitioner and to have filed certain reports. However, since the contesting respondents, namely respondents 7 to 12, submitted that even in spite of all these, pollution is still continuing and that unbearable odor is emanating from the petitioner's Unit, on 25.09.2019, a further interim order was issued by this Court, which is to the following effect:

(3.) In obedience to the afore directions, the Environmental Engineer of the Pollution Control Board has filed a report, wherein the following has been stated: