ORDER

1. The petitioner is before this Court seeking for the following reliefs;

a. Directing the respondents 3 to 6 to stop the industry engaged in the manufacture of banana chips and coffee hurling unit carried on without obtaining licence/NOC/permission form the Competent Authorities in the residential premises of respondents 1 and 2 situated in Bharathi Beedi at Sringeri town forthwith; and direct the respondents 3 to 6 to take all such other suitable action, both preventive and punitive in the matter against respondents 1 and2 in accordance with law;

b. Granting such other orders or reliefs as this Hon’ble Court deems it fit and proper in the facts and circumstances of the case; and c. Awarding costs of the writ petition.

2. The petitioner along with family members claims to be residing in Bharathi Beedi (Bharathi Road) in Sringeri, respondents No.1 and 2 are stated to be the neighbour’s. Respondent No.1 expired during the pendency of the above proceedings, respondent No.2 is stated to be his only legal representative who is carrying on the business in question in the present matter.

2.1. It is stated that respondent No.1 (during his lifetime) and respondent No.2 have been running an industry or factory in their house for the manufacture of banana chips and coffee powder by processing the coffee seeds on a large scale commercial basis and marketing the same in entire State of Karnataka.

2.2. It is contended that respondents No.1 and 2 had not obtained any permission from respondent No.3-Pattana Panchayath or the Pollution Control Board.

2.3. It is alleged that respondents No.1 and 2 prepared Banana Chips of about 8-9 quintals a day and coffee powder at about 1-2 quintals a day by employing 18 to 20 persons and for such manufacture cashew nut husk was used as fuel which when burnt emits thick smoke, irritating and foul smell is generated making it difficult for the neighbours to breath, made them sick and asthmatic.

2.4. The raw banana procured and stored in the premises after use of the outer skin is dumped in the open yard allowing them to decay which is producing bad and unbearable smell causing health hazard to petitioner and his family members.

2.5. The coffee fruits which are procured are dried and stored in the premises proessed and converted into coffee seeds by undertaking the process of de-husking/peeling/hulling, roasting etc., the waste generated is also dumped in the yard giving raise to dust, bad and foul smell.

2.6. Since all the waste material are dumped in the yard on account of rains, the seepage of the decayed matter into the earth has adversely affected the drinking water resulting in the well water of the petitioner also emitting foul smell.

2.7. On the basis of the above, it is contended that there is an air, water, soil as also sound pollution caused by the respondent affecting the petitioner and her family.

2.8. The industry of respondents No.1 and 2 has been started in the year 2007, the petitioner has been opposing the same, has given several complaints to the Panchayat and the Pollution Control Board, requested respondents No.1 and 2 to shift the business out of the residential area. However, neither the authorities nor respondents No.1 and 2 have heeded to the request of the petitioners and the Pollution Controls unabated.

2.9. The panchayat blaming it on the Pollution Control Board, the Pollution Control Board blaming it on the Panchayat and stating that the other has to take action, none has taken action, and it is in that background respondents No.1 and 2 have merrily continued with their business.

2.10. No license has been secured from the panchayat for the running of the industry or trade in the premises after repeated follow up respondent No.3 had issued notices to respondents to take measures to prevent pollution and nuisance failing which the industry would have to be closed. Despite seven notices having been issued respondents No.1 and 2 did not comply with to the notices. Despite non- compliance res