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2024 Supreme(Online)(KER) 373

HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
VASANTHA – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
WP(C) 8457/2017



An administrative authority must address complaints related to pollution and licensing as mandated by statutory regulations.

Headnote:

Pollution - Writ Petition - Kerala Panchayath Raj Act, Air Pollution Act, Noise Pollution Act, Code of Criminal Procedure - The court directed the 5th respondent to consider complaints against illegal operations of the flour mill causing air and noise pollution, pursuant to statutory provisions.

Fact of the Case:

The petitioner filed a writ petition seeking action against the 6th respondent for the illegal operation of a flour mill causing air and noise pollution adjacent to her residence without a license.

Finding of the Court:

The court ordered the 5th respondent to consider the petitioner's complaints and pass appropriate orders after giving both parties an opportunity of hearing, within three months.

Issues: Whether the 5th respondent should be directed to act on the complaints regarding the illegal operation of the flour mill.

Ratio Decidendi: The court held it appropriate to issue directions for the consideration of the petitioner's application concerning the operation of the flour mill under relevant statutory acts.

Final Decision: The writ petition is disposed of with directions to consider the complaint within three months.

JUDGEMENT

The above writ petition is filed with the following prayers:

    “(i) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the Respondents 1 to 5 to proceed against the 6th Respondent under Kerala Panchayath Raj Act, Air Pollution Act, Noise Pollution Act, Code of Criminal Procedure for illegally functioning the Flour Mill adjacent to the Petitioner's house causing Air Pollution, Noise Pollution and Health Hazardous to the Petitioner and her family and the people of the Sasthamcottah Village without any License from the Statutory Authority within a stipulated time as directed by this Hon'ble Court.
    (ii) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the Respondents 1, 2, 4 and 5 to consider Ext.P1 to P4 application within a stipulated time as directed by this Hon'ble Court and proceed against the 6th Respondent under Kerala Panchayath Raj Act, Air Pollution Act, Noise Pollution Act, Code of Criminal Procedure for illegally functioning the Flour Mill adjacent to the Petitioner's house causing Air Pollution, Noise Pollution and Health Hazardous to the Petitioner and her family and the people of the Sasthamcottah Village without any License from the Statutory Authority.
    (iii) To issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.” SIC

2. The main prayer in this writ petition is for issuing direction to respondent Nos.1 to 5 to initiate action against 6th respondent for alleged illegal functioning of a flour mill, causing nuisance, air pollution etc,.

3. When this writ petition came up for consideration, the learned counsel appearing for the petitioner submitted that, the petitioner will be satisfied, if a direction is issued to the 5th respondent to consider Ext.P4.

4. Heard the learned counsel appearing for the petitioner, the learned counsel appearing for respondent Nos. 4 and 6 and also the learned Government Pleader.

5. After hearing both sides, I think, that prayer can be allowed.

Therefore, this writ petition is disposed of with the following directions:

    (i) The 5th respondent is directed to consider and pass appropriate orders in Ext.P4, after giving an opportunity of hearing to the petitioner and the 6th respondent, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.
    (ii) The petitioner will produce a certified copy of the judgment along with a copy of the writ petition before the 5th respondent for compliance.
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