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2026 Supreme(Online)(Ker) 16518

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
JACOB THOMAS – Appellant
Versus
REVENUE DIVISIONAL OFFICER ALAPPUZHA – Respondent
WP(C) NO. 13457 OF 2024



Advocates:
For the Appellants/Petitioners: DR.BOBBY GEORGE, SRI.JOY C. PAUL, SHRI.ELDHOSE JOY, SHRI.BABY SIMON
For the Respondents: SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, SRI.BABU CHERUKARA GP – SMT. PREETHA K K, SRI. C K SAJEEV, SC

Compliance with environmental laws is essential for operations to prevent public nuisance.

Headnote:The Writ Petition is filed seeking a mandate for action against a prawn peeling shed operated without necessary permissions, which the petitioners argue causes nuisance. The Court finds in favor of the petitioners, directing compliance with environmental regulations as outlined in the interim orders and orders a follow-up by statutory authorities. The petition is disposed of as the Pollution Control Board has initiated necessary actions.

Table of Content
1. petitioners seeking court intervention on environmental grounds. (Para 1 , 2)
2. court emphasizes need for compliance with orders and relevant actions. (Para 3 , 4 , 5)
3. final ruling directs necessary follow-ups by authorities. (Para 6)

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"(I) To issue a writ of Mandamus directing the first and second respondents to implement Exhibit P2, P6, and P8 orders and thereby stop the illegal and objectionable functioning of the prawns peeling shed conducted by the 4th respondent.

(II) To grant the entire costs of the writ petition.

(III) To grant such other reliefs as this Hon'ble Court may deem fit and proper to grant in the nature and circumstances of this case."

[SIC]

2. Petitioners are the permanent residents in Ward No.VII of Thaicattussery Grama Panchayat. The 4th respondent is conducting a prawn peeling shed situated very close to the petitioners’ property, is the submission. The above business of the 4th respondent is causing great nuisance to the petitioners and other residents, is the submission. It is also submitted that the 4th respondent is conducting the said business without obtaining the requisite NOC from the Pollution Control Board, Health authorities and local Grama Panchayat. The grievance of the petitioners is that, even though the petitioners submitted several representations before the statutory authorities, there is no action. Hence, this Writ Petition is filed.

3. Heard the learned counsel appearing for the petitioners, the learned Standing Counsel appearing for the Pollution Control Board, the learned Standing Counsel appearing for the Panchayat and the learned Government Pleader. I also heard the counsel appearing for the 4th respondent.

4. When this Writ Petition came up for consideration before this Court on 27.11.2025, this Court passed the following order:

"The 3rd respondent will take consequential steps based on Annexure R3(a), and conclude the proceedings within one month, and submit a report before this court.

Issue a copy of this order to the Standing Counsel for the Pollution Control Board, who will communicate the same to the 3rd respondent. "

5. Thereafter, when the matter came up for consideration before this Court on 12.02.2026, this Court passed the following order:

"Read the order dated 27.11.2025. The Standing Counsel for the 3rd respondent seeks further time to conclude the proceedings as directed by this court. I am of the prima facie opinion that there is violation of the order passed by this court on 27.11.2025. The 3rd respondent will appear before this court in person, or video conference on 05.03.2026. In the meanwhile, if the directions are complied with or if the order is varied or modified, the appearance is dispensed with.

Post on 05.03.2026.

Issue a copy of this order to the Standing Counsel for the Pollution Control Board, who will communicate the same to the 3rd respondent. "

6. Now, an additional report is filed by the Environmental Engineer, Kerala State Pollution Control Board. It will be better to extract the relevant portion of the additional report dated 27.02.2026:

"2. It is humbly submitted that in compliance with the interim order of this Hon'ble Court dated 27.11.2025, an inspection was conducted in the unit on 19.12.2025 to verify the compliance status of the directions issued to the unit by the Board through Annexure R3 (a). It was found that the directions issued through Annexure R3 (a) were not complied with by the unit. Based on the findings of this inspection, a letter was issued to the 2nd Respondent from this office, dated 16.01.2026 to take effective action on the Panchayath level, as this unit has not obtained valid consent from this Board. No response was received on this matter till date. Copies of the aforementioned letters were sent to the 4th Respondent and 1st petitioner. A true copy of the letter sent to the 2nd Respondent from this O dated 16.01.2026 is produced herewith and

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