IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

THURSDAY, THE 6^TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946 WP(C) NO. 29421 OF 2015 PETITIONER/S:

MOHANDAS M.K., AGED 68 YEARS S/O.SANKARAN, SANTHIPURAM, NEAR TALAP HOUSING COLONY, PO PALLIKKUNNU-670 004, KANNUR DISTRICT BY ADV SRI.P.U.SHAILAJAN RESPONDENT/S:

1 THE CHAIRMAN, KERALA STATE POLLUTION CONTROL BOARD PATTOM PO, THIRUVANANTHAPURAM-695 004.

2 THE MEMBER SECRETARY KERALA STATE POLLUTION CONTROL BOARD, PATTOM PO, THIRUVANANTHAPURAM-695 004. 3 THE CHIEF ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KAKKAD ROAD, KANNUR-670 002.

4 THE DISTRICT COLLECTOR KANNUR, KANNUR-670 002.

5 THE PALLIKKUNNU GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, PO PALLIKKUNNU, KANNUR DISTRICT-670 004.

6 KOYILI HOSPITAL REPRESENTED BY ITS PROPRIETOR, MR.BHASKARAN (EXPIRED)

PO PALLIKKUNNU, KANNUR DISTRICT-670 004.

KOYILI PREETHA, D/O.K.BHASKARAN (LATE), AGED 51 YEARS MANAGING PARTNER, KOYILI HOSPITAL, KANNUR DISTRICT, RESIDING AT KOYILI HOUSE, P.O CHIRAKKAL, KANNUR DISTRICT-670 011, BEING THE LEAGAL HEIR OF LATE SRI.BHASKARAN, IS IMPLEADED IN HIS PLACE AS MANAGING PARTNER OF KOYILI HOSPITAL, AS PER ORDER DATED 05-02-20 IN IA NO.1/2020.

7 VINOD M.,SECRETARY, KOYILI HOSPITAL MANYA VIRUDHA JANAKEEYA SAMARA SAMITHI, KANNUR-670 004, RESIDING AT MUNDIYATH, NEAR TALAP HOUSING COLONY, PO PALLIKKUNNU, KANNUR-670 004.

BY ADVS.

SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, SRI.B.PRASANTH, SC, POLUTION CONTROL BOARD SMT.MEENA JOHN, SC, PALLIKUNNU GRAMA PANCHAYAT SRI.ANEESH JOSEPH SRI.A.KRISHNAN K.A.SANJEETHA SMT.DENNIS VARGHESE SRI.M.RAMESH CHANDER SR.

SRI. T.NAVEEN , SC, KERALA STATE POLLUTION CONTROL BOARD SRI. M RAMESH CHANDER (SR.) FOR R6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The writ petition has been filed, seeking the following reliefs:-

‘’i) Issue a writ of certiorari or other appropriate writ or order and quash Exhibit P-19 and Exhibit-P20 and also direct the respondents 1 to 5 not to issue or renew the consent to operate the Koyili Hospital, Kannur with number of in-patients exceeding 50 in-

patients;

ii) Issue a writ of mandamus or other appropriate writ or order directing the respondents 1 to 5 to stop the illegal construction of the new Sewage Treatment Plant without the building permit from the panchayat and also without the consent to establish the Sewage treatment Plant from the Pollution Control Board and direct them to demolish the construction already made by the 6^th respondent for new Sewage Treatment Plant;

iii) Direct the respondents 1 to 3 not to grant consent to establish or operate the new Sewage Treatment Plant near to the houses and wells in the locality;

iv) Direct the respondents 1 to 5 to take action against the 6^th respondent for the violation of Exhibits P-15 and P-18 orders and Exhibit P20;

v) Issue a writ of mandamus or any other appropriate writ or order directing the respondents 1 to 3 to check the waste water collection tank of the 6^th respondent to verify the leakage from the tank to the earth.

2. When this matter is taken up for consideration today, it is the submission of the learned Standing Counsel appearing for the Pollution Control Board that, a consent to operate was issued to the 6^th respondent and the same was renewed in the month of November, 2023 and is now valid till 30.06.2028. It is pointed out that, on an earlier occasion, a Public Interest Litigation was filed before this Court, alleging pollution on account of the activities of the 6^th respondent. The matter was considered by a Division Bench of this Court and by Ext.P21 judgment, this Court, had directed as follows:-

‘’Having regard to the fact that appropriate steps had already been taken by the fourth respondent in the light of the directions issued by the Pollution Control Board, we do not think that as matters stand now, direction to implement Exhibits P6