2025:KER:27153 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 46227 OF 2024 PETITIONER/S: RENU OOMMEN, AGED 45 YEARS S/O.K.N OOMMEN, EL-BETHEL, KANJIRATHINMOOTTIL VEEDU, KANNATTUMODI, ARUNOOTTIMANGALAM P.O, MAVELIKARA, ALAPPUZHA, PIN - 690110 BY ADVS. R.HARIKRISHNAN (KAMBISSERIL) NEERAJ NARAYAN A.S.SALMA RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY LSGD, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DIRECTOR GENERAL OF POLICE, OFFICE OF DIRECTOR GENERAL OF POLICE STATE POLICE HEADQUARTERS, VELLAYAMBALAM, CITY- THIRUVANANTHAPURAM, PIN - 695010 3 POLLUTION CONTROL BOARD, REPRESENTED BY IT’S CHIEF ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, PLAMOODU JUNCTION, PATTOM P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695004 W.P.C No. 46227 of 2024 2 2025:KER:27153 4 DIRECTOR, DIRECTORATE OF MINING AND GEOLOGY,KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM, PIN - 695004 5 DISTRICT COLLECTOR, COLLECTORATE ALAPPUZHA, ALAPPUZHA, KERALA, PIN - 688001 6 DIRECTOR, KERALA STATE POLLUTION CONTROL BOARD, ALAPPUZHA, PIN - 688013 7 ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, ALAPPUZHA, PIN - 688013 8 THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, KODATHIKAVALA, CHERTHALA, KERALA, PIN - 688524 9 DISTRICT MEDICAL OFFICER, GENERAL HOSPITAL ROAD, CHUNGAM, ALAPPUZHA, PIN - 688011 0 DEPUTY SUPERNATANT OF POLICE, CHENGANNUR PO CHENGANNUR, ALAPPUZHA, PIN - 689121 11 STATION HOUSE OFFICER, OFFICE OF STATION HOUSE OFFICER MAVELIKARA KOTTANADU, OLD MAVELIKKARA, MAVELIKARA, KERALA, PIN - 690101 12 THAZHAKKARA PANCHAYATH, CHARUMOODU MANKAMKUZHI RD, KOTTAMUKKU, VETTIYAR, MAVELIKARA, KERALA, PIN – 690558 W.P.C No. 46227 of 2024 3 2025:KER:27153 13 SECRETARY, THAZHAKKARA PANCHAYATH, CHARUMOODU MANKAMKUZHI RD, KOTTAMUKKU, VETTIYAR, MAVELIKARA, KERALA, PIN - 690558 14 BRIJESH MATHEW, S/O MATHEW@ BIJI, KALLUPARABU VEEDU, ARUNOOTTIMANGALAM P.O, MAVELIKARA, ALAPPUZHA, PIN - 690110 15 RAMESHAN, PROPRITER, APPUS STAND, KANNATTUMODI, ARUNOOTTIMANGALAM P.O, MAVELIKARA, ALAPPUZHA, PIN - 690110 OTHER PRESENT: Smt.Amminikutty.K, Sr.G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C No. 46227 of 2024 4 2025:KER:27153 JUDGMENT This writ petition is submitted by the petitioner seeking the following reliefs: “i. Issue a writ of mandamus or any such other writ or order or direction commanding the official respondents to take appropriate steps to stay illegal functioning of granite aggregates and M sand stoking unit run by the 14th and 15th respondents in the property abutting the house of the petitioner; ii. Issue a writ of mandamus or any such other writ order or direction directing official respondents to dispose the Exhibit P1 to P3 complaints within a time frame fixed by this Hon’ble Court after conducting site inspection and scientific tests; iii. Issue a writ of mandamus or any such other writ order or direction directing 3rd and 6th respondent to conduct surprise visit to the unit of the party respondents abutting the house of the petitioner and to conduct scientific tests to measure the quantum of air pollution and sound pollution in connection with the full-fledged functioning of the said unit and to report to this Hon’ble W.P.C No. 46227 of 2024 5 2025:KER:27153 Court regarding the same; iv. Pass such any other direction, order or reliefs, as this Hon'ble Court may deem fit in the interest of justice, equity and good conscience v. This Hon’ble Court may be pleased to dispense with the filing of the English Translation of the vernacular documents filed in this Writ Petition.” 2. Today when the matter came up for consideration, the learned Standing Counsel for the Pollution Control Board pointed out that, the 15th respondent has already shifted the unit to another place. Therefore, no further orders are necessary. Accordingly, this writ petition is closed, recording the above submission. Sd/- ZIYAD RAHMAN A.A. JUDGE rpk W.P.C No. 46227 of 2024 6 2025:KER:27153 APPENDIX OF WP(C) 46227/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE COMPLAINT DATED NIL FILED BEFORE THE POLLUTION CONTROL BOARD/3RD RESPONDENT Exhibit P2 THE TRUE COPY OF THE COMPLAINT DATED 05.12.2024 BEFORE THE SECRETARY, THAZHAKKARA PANCHAYATH/13TH RESPONENT Exhibit P3 THE TRUE COPY OF THE COMPLAINT BEFORE THE STATION HOUSE OFFICER/11TH RESPONDENT DEPICTING ALL THE ILLEGALITY COMMITTED BY THE PARTY RESPONDENTS Exhibit P4 THE TRUE COPY OF MEDICAL CERTIFICATE DATED 18.12.2024 ISSUED BY DR.BINUKUTTAN P.V SANJIVANI MULTI SPECIALITY HOSPITAL Exhibit P5 THE COPY OF PHOTOGRAPH PERTAIN TO THE SAME RESPONDENT ANNEXURES Annexure R7(a) True copy of the sound monitoring results dated 15-1-2025 issued by the Pollution Control Board. Annexure R7(b) True copy of the air monitoring results dated 16-1-2025 issued by the Pollution Control Board. Annexure R7(c) True copy of the letter No. PCB/ALP/TG- 404/19 dated 18-1-2025 issued by the Pollution Control Board to the Unit. W.P.C No. 46227 of 2024 7 2025:KER:27153 Annexure R7(d) True copy of the reply letter dated 24- 1-2025 submitted by the 15th respondent before the Environmental Engineer.