2025:KER:25496 WP(C) NO. 36960 OF 2023 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 36960 OF 2023 PETITIONERS: 1 MAHESHKUMAR V.B, AGED 44 YEARS S/O.VELANPARAMBIL, EDAYAR, BINANIPURAM P.O., ERNAKULAM, PIN - 683502 2 USMAN C.H, AGED 50 YEARS S/O.HASSAN C.H., CHERIYELIAKATHOOTT, KUNJUMNNIKKARA, ULIYANNOOR P.O., ALUVA, ERNAKULAM, PIN - 683108 3 RASALHAMEED, AGED 48 YEARS S/O.M.K.HAMEED, PAREKUDIYIL HOUSE, CHENGARA, PATTIMATTOM P.O., ERNAKULAM, PIN - 683562 4 VIJAYAN T, AGED 67 YEARS S/O.THANKAPPAN NAIR, AMBADI, OKKAL, CHELAMATTOM, OKKAL,ERNAKULAM, PIN - 683550 5 ABOOBACKER P.A, AGED 50 YEARS C/O.V.K.AZIZ, VELLARKODATH (PADUVATHIL HOUSE), ELOORKKARA, MUPPATHADAM P.O., VTC MUPPATHADAM, PARAVUR, PIN - 683110 2025:KER:25496 WP(C) NO. 36960 OF 2023 2 6 RAHUL T.G, AGED 33 YEARS S/O.GEORGE T.A., 27, THOTTAKATH HOUSE, BINANIPURAM P.O., ERNAKULAM, PIN - 683502 7 RINCY, AGED 41 YEARS W/O.JIMMY K.J., KALLARAKKAL, MUPPATHADAM P.O.,ERNAKULAM, PIN - 683110 8 SHEELA N.D, AGED 52 YEARS W/O.ASHOKAN, PALAKKAL HOUSE, EDAYAR, BINANIPURAM P.O., ERNAKULAM, PIN - 683502 9 ASHARAF ALI C.A, AGED 52 YEARS S/O.ALIYAR, CHIRAKKANDATHIL HOUSE, ERAMAM, KUNNUMPURAM, MUPPATHADAM P.O., ERNAKULAM, PIN - 683110 10 NASARUDEEN A.S, AGED 36 YEARS S/O.SHAMSUDEEN, PAYYAPPILLIPARAMBU, MUPPATHADAM P.O., ERNAKULAM, PIN - 683110 11 SALIM P.P, AGED 56 YEARS S/O.PAREETH, PULAVATH, VALLAM,PERUMBAVOOR, RAYONPURAM P.O., ERNAKULAM, PIN - 683543 12 ASKAR T.M, AGED 26 YEARS S/O.T.K.MAJEED, THACHANTHURUTHIL HOUSE, ERAMAM, NEAR BALAVADY, KADUNGALOOR, MUPPATHADAM P.O., ERNAKULAM, PIN - 683110 2025:KER:25496 WP(C) NO. 36960 OF 2023 3 BY ADVS. P.SATHISAN DONA AUGUSTINE JAVED HAIDER ABHIRAM SUNISH BIJU P.PAUL SHIBU B.S RESPONDENTS: 1 KADUNGALLOOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MUPPATHADAM P.O., ERNAKULAM, PIN - 683110 2 THE SECRETARY, KADUNGALLOORGRAMAPANCHAYATH, MUPPATHADAM P.O., ERNAKULAM, PIN - 683110 3 MEDICAL OFFICER, FAMILY HEALTH CENTRE, BINANIPURAM, EDAYAR, ERNAKULAM, PIN - 683302 4 KERALA STATE POLLUTION CONTROL BOARD, PALAMOOD JUN., PATTOM P.O., THIRUVANANTHAPURAM, REP. BY ITS MEMBER SECRETARY, PIN - 695004 5 THE SENIOR ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, ENVIRONMENTAL SURVEILLANCE CENTRE, UDYOGAMANDALP.O., ELOOR, ERNAKULAM DISTRICT, PIN – 683501 2025:KER:25496 WP(C) NO. 36960 OF 2023 4 6 CHIEF ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, REGIONAL OFFICE, GANDHI NAGAR, KOCHI, PIN - 682020 7 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 8 THE DIRECTOR, HEALTH SERVICES, PALAYAM - AIRPORT ROAD, NEAR GENERAL HOSPITAL ROAD, JUNCTION, THIRUVANANTHAPURAM, KERALA, PIN - 695035 9 DISTRICT COLLECTOR, COLLECTORATE, 1ST FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030 10 STATION HOUSE OFFICER, BINANIPURAM POLICE STATION, MUPPATHADAM, ALUVA, PIN - 682011 11 DISTRICT POLICE CHIEF, ERNAKULAM RURAL, SOUTH KALAMASSERY, KOCHI, PIN - 682039 12 M/S ALLIANCE MARINE PRODUCTS, INDUSTRIAL DEVELOPMENT AREA, EDAYAR, BINANIPURAM P.O, ERNAKULAM, REPRESENTED BY ITS MANAGING DIRECTOR, PIN – 683502 2025:KER:25496 WP(C) NO. 36960 OF 2023 5 BY ADVS. DINESH MATHEW J.MURICKEN, SC SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, V.M.KRISHNAKUMAR RENJITH THAMPAN (SR.) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25496 WP(C) NO. 36960 OF 2023 6 JUDGMENT This writ petition is submitted by the petitioners seeking the following reliefs: “i. Issue a writ of mandamus or any other writ order or direction directing respondents 1, 4, 5, 7, 9 and 10 to ensure compliance of all pollution control measures and abatement of pollution by 12th respondent unit under all pretexts and to take necessary penal action and implementation of Exhibit P2 closure order against 12th respondent, ii. Issue a writ of mandamus or such other writ or direction directing the respondents 1 to 11 to initiate departmental and penal action against the erring officials of other respondents forthwith and to report the action before this Hon`ble Court, iii. Issue a writ of Mandamus or any other writ order or direction, directing respondents 10 and 11 Police to ensure abatement of nuisance including obnoxious and foul smell discharge from the 12th respondent unit to environment and to ensure abatement of public nuisance by 12th respondent in any manner whatsoever, iv. Issue a writ of Mandamus or any other writ order or direction, directing PCB officials to ensure to keep closed the unit run by 12th respondent unit until the discharge of foul smell, liquid pollutant discharge 2025:KER:25496 WP(C) NO. 36960 OF 2023 7 and discharge of obnoxious effluents continue and till compliance of pollution control measures are ensured installing all necessary pollution control devises as per law, v. It is humbly prayed that this Hon’ble Court may be pleased to dispense with filing of the translation of vernacular documents. vi. Such other orders which are deem fit and proper in the circumstances of the case and, vii. Award costs to the petitioners from respondents.” Subsequent to the filing of this writ petition, the Pollution Control Board issued certain notices requiring 12th respondent herein to take certain pollution control measures. It is reported that, the said additional measures were complied with to the satisfaction of the Pollution Control Board. Therefore, in view of the subsequent development, the reliefs sought in this writ petition have become infructuous. Therefore, this writ petition is closed as infructuous. However, it is clarified that, in case there are subsisting grievance 2025:KER:25496 WP(C) NO. 36960 OF 2023 8 for the petitioners, in view of any pollution or nuisance caused by the 12th respondent, it shall be open for the petitioners to approach this Court again. Sd/- ZIYAD RAHMAN A.A. JUDGE scs 2025:KER:25496 WP(C) NO. 36960 OF 2023 9 APPENDIX OF WP(C) 36960/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SAID SHOW CAUSE NOTICENO.PCB/ESC/CO-146/06 DATED 25.02.2023 ISSUED BY THE POLLUTION CONTROL BOARD Exhibit P2 TRUE COPY OF THE CLOSURE ORDER NO.PCB/ESC/CTE-22/19 DATED 15.03.2023 ISSUED BY THE POLLUTION CONTROL BOARD Exhibit P3 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.9927/2023 DATED 11.04.2023 Exhibit P4 TRUE COPY OF THE SAID LETTER DATED 11.04.2023 ISSUED TO THE 5TH RESPONDENT Exhibit P5 TRUE COPY OF THE REPLY LETTER NO.PCB/ESC/CTE-11/2019 DATED 13.07.2023 Exhibit P6 TRUE COPY OF THE TRIAL RUN EXTENSION ORDER DATED 02.08.2023 Exhibit P7 TRUE COPY OF THE EMAILS SENT TO POLLUTION CONTROL BOARD IS PRODUCED Exhibit P8 TRUE COPY OF THE LATEST COMPLAINT DATED 27.01.2023 BEFORE THE 5TH RESPONDENT DISTRICT COLLECTOR,ERNAKULAM BY THE CONCERNED TRADE UNION OF WORKERS OF INDO GERMAN CARBONS LTD Exhibit P9 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED 2025:KER:25496 WP(C) NO. 36960 OF 2023 10 FROM THE OFFICE OF THE 5THRESPONDENT DISTRICT COLLECTOR Exhibit P10 TRUE COPY OF THE LETTER DATED 14.11.2022 ISSUED BY THE 6TH RESPONDENT TO THE 12TH RESPONDENT COMPANY Exhibit P11 TRUE COPY OF THE COMPLAINT /MASS MEMORANDUM SIGNED BY THE IGCL EMPLOYEES SUBMITTED BEFORE THE PRINCIPAL SECRETARY (HEALTH) TO GOVT. (HEALTH & FAMILY WELFARE), GOVT. OF KERALA DATED 19.10.2022 WITH COPY TO RESPONDENTS 1, 2, 3, 4, 5, 6, 8, AND 9 Exhibit P11(a) TRUE COPY OF THE COMPLAINT/ MASS MEMORANDUM SIGNED BY THE IGCL WORKERS UNION (CITU)SUBMITTED BEFORE THE PRINCIPAL SECRETARY (HEALTH) TO GOVT. (HEALTH & FAMILY WELFARE), GOVT. OF KERALA DATED 29.10.2022WITH COPY TO RESPONDENTS 1, 2, 3, 4, 5, 6, 8, AND 9 Exhibit P12 TRUE COPY OF COMPLAINT DATED 06.07.2020 SUBMITTED BY THE PETITIONER Exhibit P12(a) TRUE COPY OF THE THE RELEVANT EXTRACT OF FIRST INFORMATION REPORT NO.606/2020 DATED 17.06.2020 OF BINANIPURAM POLICE STATION Exhibit P13 TRUE COPY OF THE LATEST COMMUNICATION DATED 15.09.2023 FROM PCB TO ONE OF THE PETITIONER Exhibit P14 TRUE COPY OF THE RECENT PUBLIC ISSUE CAUSED DUE TO THE POLLUTION BY THE REPORTED ISSUE IS READABLE FROM THE 2025:KER:25496 WP(C) NO. 36960 OF 2023 11 PRESS REPORT IN MALAYALA MANORAMA DATED 23.02.2023