2025:KER:25493 WP(C) NO. 18974 OF 2024 & WP(C) NO. 27265 OF 2024 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. 27265 OF 2024 PETITIONER: M/S ALLIANCE MARINE PRODUCTS, INDUSTRIAL DEVELOPMENT AREA, EDAYAR, MUPPATHADAM. P.O, ERNAKULAM DISTRICT, REPRESENTED BY ITS MANAGING PARTNER, ABDUL LATHEEF K.K, 52 YEARS, S/O KOCHUNNI, RESIDING AT KULANGARA THOTTATHIL HOUSE, SOUTH VELLARAPPILLY. P.O, SREEMOOLANAGARAM, ERNAKULAM, PIN - 683580 BY ADVS. V.M.KRISHNAKUMAR P.R.REENA RESPONDENTS: 1 STATE OF KERALA , REPRESENTED BY SECRETARY, DEPARTMENT OF ENVIRONMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY SECRETARY HEAD OFFICE, PLAMOOD JUNCTION, PATTOM P.O. THIRUVANANTHAPURAM, PIN - 695004 2025:KER:25493 WP(C) NO. 18974 OF 2024 & WP(C) NO. 27265 OF 2024 2 3 CHAIRMAN, KERALA STATE POLLUTION CONTROL BOARD PATTOM P.O. THIRUVANANTHAPURAM, PIN - 695004 4 CHIEF ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, REGIONAL OFFICE, GANDHI NAGAR, ERNAKULAM, PIN - 682020 5 SENIOR ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, ENVIRONMENTAL SURVEILLANCE CENTRE, FACT QUARTERS NO.X-5, UDYOGMANDAL P.O. ERNAKULAM, PIN – 683501 BY ADV ADV. T. NAVEEN, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.03.2025, ALONG WITH WP(C).18974/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25493 WP(C) NO. 18974 OF 2024 & WP(C) NO. 27265 OF 2024 3 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. 18974 OF 2024 PETITIONER: M/S ALLIANCE MARINE PRODUCTS, INDUSTRIAL DEVELOPMENT AREA, EDAYAR, MUPPATHADAM.P.O, ERNAKULAM - 683502, REPRESENTED BY ITS MANAGING PARTNER, ABDUL LATHEEF K.K., 52 YEARS, S/O KOCHUNNI, RESIDING AT KULANGARA THOTTATHIL HOUSE, SOUTH VELLARAPPILLY.P.O, SREEMOOLANAGARAM, ERNAKULAM, PIN - 683580 BY ADVS. V.M.KRISHNAKUMAR P.R.REENA RESPONDENTS: 1 KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS CHIEF ENVIRONMENTAL ENGINEER, REGIONAL OFFICE, GANDHINAGAR, ERNAKULAM DISTRICT, PIN – 682020 2025:KER:25493 WP(C) NO. 18974 OF 2024 & WP(C) NO. 27265 OF 2024 4 2 THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, ENVIRONMENTAL SURVEILLANCE CENTRE, ELOOR, UDYOGMANDAL P.O., ERNAKULAM DISTRICT, PIN - 683501 *ADDL.3 KERALA STATE ELECTRICITY BOARD, REPRESENTED BY CHAIRMAN AND MANAGING DIRECTOR, VAIDHYTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695004 *ADDL.4 ASSISTANT ENGINEER, ELECTRICAL SECTION OFFICE, KERALA STATE ELECTRICITY BOARD LIMITED, EDAYAR, ERNAKULAM - 686662 *ADDL.R3 & R4 ARE IMPLEADED AS PER ORDER DATED 31/05/2024 IN I.A-1/2024 IN WP(C) 18974/2024 BY ADVS. SRI.NAVEEN.T., SC P.SATHISAN JAVED HAIDER ABHIRAM SUNISH SOORYA MARIYA KURIAN AAFINA SANTHOSH BIJU P.PAUL SHIBU B.S THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.03.2025, ALONG WITH WP(C).27265/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25493 WP(C) NO. 18974 OF 2024 & WP(C) NO. 27265 OF 2024 5 JUDGMENT [WP(C) Nos.27265/2024, 18974/2024] Both these writ petitions were filed being aggrieved by the proceedings initiated by the Pollution Control Board against the petitioner for closure of the business establishment of the petitioner. When the mater came up for consideration on 10.07.2024, the following interim order was passed in I.A. No.7 of 2014 in W.P(C) No.18974 of 2024: “This is an application filed to modify the interim order dated 27.06.2024, which noticed three defects pointed out by the Pollution Control Board, one of which was to remove the products completely from the unit, ie., chicken meal stored in the shed and chicken oil cans stored in the open front yard of the unit. The petitioner seeks to modify the said condition, submitting that they may be allowed to store the chicken meal and chicken oil in the factory premises itself. 2. Heard the learned senior counsel for the petitioner and the learned counsel for the petitioner in 2025:KER:25493 WP(C) NO. 18974 OF 2024 & WP(C) NO. 27265 OF 2024 6 W.P.(C) No.36960 of 2023, and also the learned Standing Counsel for the Kerala State Pollution Control Board. 3. It is made clear that it will be open to the petitioner to store the chicken meal and chicken oil in the factory premises itself, in an impermeable condition, which will have to be to the satisfaction of the Pollution Control Board. The order dated 27.06.2024 is modified as above.” Today when matter came up for consideration, it was reported that, as the petitioner complied with the directions the closure order is no longer in force. In such circumstances, this writ petition is disposed of in the light of the interim order referred to above. Sd/- ZIYAD RAHMAN A.A. JUDGE scs 2025:KER:25493 WP(C) NO. 18974 OF 2024 & WP(C) NO. 27265 OF 2024 7 APPENDIX OF WP(C) 18974/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF CONSENT TO OPERATE DATED 17.08.2021 ISSUED BY THE POLLUTION CONTROL BOARD TO THE PETITIONER Exhibit P2 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE – RENEWAL NO.KSPCB/ESC/ICO/10032341/2023 DATED 07.09.2023 Exhibit P3 TRUE COPY OF CLOSURE ORDER NO. PCB/ESC/CTE-11/2019 DATED 22.05.2024 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER RESPONDENT EXHIBITS Ext.R1(a) True copy of the show cause Notice No. PCB/ESC/CTE-11/19 dated 20-2-2024 issued by the Pollution Control Board to the petitioner Unit. Ext.R1(b) True copy of the show cause Notice No. PCB/ESC/CTE-11/19 dated 8-3-2022 issued by the Pollution Control Board to the petitioner Unit. Ext.R1(c) True copy of the show cause Notice No. PCB/ESC/CO-146/06 dated 25-2-2023 issued by the Pollution Control Board to the petitioner Unit. Ext.R1(d) True copy of the show cause Notice No. PCB/RO-EKM/GEN-13/11 dated 3-3-2023 2025:KER:25493 WP(C) NO. 18974 OF 2024 & WP(C) NO. 27265 OF 2024 8 issued by the Pollution Control Board to the petitioner Unit. Ext.R1(e) True copy of the Closure Order No. PCB/ESC/CTE-22/19 dated 15-3-2023 issued by the Pollution Control Board to the petitioner Unit. 2025:KER:25493 WP(C) NO. 18974 OF 2024 & WP(C) NO. 27265 OF 2024 9 APPENDIX OF WP(C) 27265/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF CONSENT TO OPERATE DATED 17.08.2021 ISSUED BY THE POLLUTION CONTROL BOARD Exhibit P2 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE – RENEWAL NO.KSPCB/ESC/ICO/10032341/ 2023 DATED 07.09.2023 Exhibit P3 TRUE COPY OF THE SHOW CAUSE NOTICE NO.PCB/ESC/CTE-11/19 DATED 20.02.2024 ISSUED BY THE ENVIRONMENTAL ENGINEER TO THE PETITIONER Exhibit P4 TRUE COPY OF THE JUDGMENT IN WP(C).NO.12243/2024 DATED 22.07.2024 Exhibit P5 TRUE COPY OF CLOSURE ORDER NO. PCB/ESC/CTE-11/2019 DATED 22.05.2024 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER Exhibit P6 TRUE COPY OF INTERIM ORDER DATED 13.06.2024 IN WP(C).NO.18974/2024 Exhibit P7 TRUE COPY OF THE ORDER DATED 10.07.2024 IN IA.NO.7/2024 IN WP(C).NO.18974/2024 Exhibit P8 TRUE COPY OF THE LETTER DATED 19.07.2024 ISSUED BY THE PETITIONER TO SENIOR ENVIRONMENTAL ENGINEER