IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 13^TH DAY OF JUNE 2024 / 23RD JYAISHTA, 1946 WP(C) NO. 3507 OF 2018 PETITIONER:

RADHAKRISHNA PILLAI AGED 58 YEARS, S/O.PARAMESWARAN PILLAI, GOKULAM,KANIYAMTHODE,MUKHATHALA.P.O,KOLLAM (FROM PANOGADETHU THAZHATHIL, NADUVILAKKARA, MUKHATHALA.P.O,KOLLAM DISTRICT).

BY ADV SRI.B.MOHANLAL RESPONDENTS:

1 THE DISTRICT COLLECTOR, KOLLAM COLLECTORATE,CIVIL LINES, CUTCHERY.P.O,CUTCHERY.P.O,KOLLAM-691013.

2 THE DISTRICT MEDICAL OFFICER(HEALTH)

COLLECTORATE,CIVIL LINES,CUTCHERY.P.O, CUTCHERY.P.O,KOLLAM-691013.

3 THE TAHSILDAR TALUK OFFICE,KOLLAM-691001.

4 THE VILLAGE OFFICER THRIKKOVILVATTOM VILLAGE, MUKHATHALA.P.O, KOLLAM,PIN-691577.

5 THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, KADAPPAKKADA.P.O,KOLLAM-691008.

6 THE THRIKKOVILVATTOM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY,MUKHATHALA.P.O, KOLLAM DISTRICT,PIN-691577.

7 THE STATION HOUSE OFFICER KOTTIYAM POLICE STATION,KOTTIYAM.P.O, KOLLAM,PIN-691571.

8 THE JOINT DIRECTOR OF FACTORIES AND BOILERS KUNDARA.P.O,KOLLAM,PIN-691501.

9 SRI.L.SAIJU S/O.LEKSHMAN,M/S.AKKAVILA K.LEKSHMAN & COMPANY, MUKTHALA.P.O,KOLLAM-691577,RESIDING AT AKKAVILA VEEDU, ERAVIPURAM.P.O,KOLLAM-691011.

BY ADVS.

SRI.M.R.SASITH SRI.T.NAVEEN, SC SRI.MILLU DANDAPANI SRI.RIYAL DEVASSY, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J. -------------------------------- W.P.(C).No.3507 of 2018 ----------------------------------------------

Dated this the 13^th day of June, 2024

JUDGMENT

This writ petition is filed with following prayers:

i. call for the records leading to the License and Permission Issued to the 9^th Respondent to conduct the M-Sand Unit M/s.Akkavila Lekshman & Company and set aside the consent, License and Permission issued by the Respondents to conduct the Unit run by the 9^th Respondent causing Air Pollution, Noise Pollution, Respiratory complaints and health hazardous to the Petitioner and his family and the people of the Thrikkovilvattom Village for non-compliance of the measures safeguarded in the consent and permission and without License from the 8^th Respondent Statutory Authority.

ii. To issue a writ of mandamus or any other appropriate writ, order or direction commanding the Respondents 1 to 8 to proceed against the 9^th Respondent under Kerala Panchayath Raj Act, Air Pollution Act, Noise Pollution Act, Code of Criminal Procedure and Kerala Police Act and cancel the licence and permission for illegally functioning the M-Sand Unit M/s.Akkavila Lekshman & Company adjacent to the Petitioner's house causing Air Pollution, Noise Pollution and Health Hazardous to the Petitioner and his family and the people of the Thrikkovilvattom Village for non-compliance of the measures safeguarded in the consent and permission and without License from the 8^th Respondent Statutory Authority within a stipulated time as directed by this Hon'ble Court.

iii. To issue a writ of mandamus or any other appropriate writ, order or direction commanding the Respondents 1 to 8 to consider and dispose of Ext.P1, P3, P6, P8 and P9 applications filed by the Petitioner within a stipulated time as directed by this Hon'ble Court and proceed against the 9^th Respondent under Kerala Panchayath Raj Act, Air Pollution Act, Noise Pollution Act, Code of Criminal Procedure and Kerala Police Act 2011 for illegally functioning the M-Sand Unit M/s.Akkavila Lekshman & Company adjacent to the Petitioner's house causing Air Pollution, Noise Pollution and Health Hazardous to the Petitioner and his family and the people of the Thrikkovilvattom Village for non-compliance of the measures safeguarded in the consent and permission and without License from the 8th Respondent Statutory Authority.

iv. To Issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.

(SIC)

2. The counsel who filed this writ petition submitte