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High Court of KeralaSingle JudgeWrit petition closed as infructuous; open to se...

Maheshkumar V.B and others v. Kadungalloor Grama Panchayat and others

Case / Petition Number:WP(C) NO. 36960 OF 2023
Neutral Citation:2025:KER:25496

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Justice Ziyad Rahman A.A.
Judgment Date
2025-03-25
Court Decision / Holding
The writ petition is closed as infructuous because subsequent pollution-control measures were implemented to the Board’s satisfaction; however, the court clarified that petitioners may approach the court again if any subsisting grievance relating to pollution or nuisance arises in the future.
Final Disposition
Writ petition closed as infructuous; open to seeking relief again if subsisting grievances arise.

Parties to the Case

Appellants / Petitioners

  • Maheshkumar V.B.
  • Usman C.H.
  • Rasalhameed
  • Vijayan T.
  • Aboobacker P.A.
  • Rahul T.G.
  • Rincy
  • Sheela N.D.
  • Asharaf Ali C.A.
  • Nasarudeen A.S.
  • Salim P.P.
  • Askar T.M.

Respondents

  • Kadungaloor Grama Panchayat, represented by its Secretary, Muppathadom P.O., Ernakulam, PIN - 683110
  • The Secretary, Kadungalloor Gramapanchayath, Muppathadom P.O., Ernakulam, PIN - 683110
  • Medical Officer, Family Health Centre, Binanipuram, Edayar, Ernakulam, PIN - 683302
  • Kerala State Pollution Control Board, Palamood Jn., Pattom P.O., Thiruvananthapuram, Rep. by its Member Secretary, PIN – 695004
  • Senior Environmental Engineer, Kerala State Pollution Control Board, Environmental Surveillance Centre, Udyogamandal P.O., Elor, Ernakulam District, PIN – 683501
  • Chief Environmental Engineer, Kerala State Pollution Control Board, Regional Office, Gandhi Nagar, Kochi, PIN - 682020
  • State of Kerala, represented by Principal Secretary, Department of Health, Govt. Secretariat, Thiruvananthapuram, PIN - 695001
  • Director, Health Services, Palayam - Airport Road, Thiruvananthapuram, Kerala, PIN - 695035
  • District Collector, Collectorate, 1st Floor, Civil Station, Kakkanad, Ernakulam, PIN - 682030
  • Station House Officer, Binanipuram Police Station, Muppathadom, Aluva, PIN - 682011
  • District Police Chief, Ernakulam Rural, South Kalamassery, Kochi, PIN - 682039
  • M/S Alliance Marine Products, Industrial Development Area, Edayar, Binanipuram P.O, Ernakulam, PIN – 683502

Legal Representation & Advocates

Counsels for Petitioners

  • • P. Sathisan
  • • Dona Augustine
  • • Javed Haider
  • • Abhiram Sunish
  • • Biju P. Paul
  • • Shibu B.S

Counsels for Respondents

  • • Dinesh Mathew J. Muricken, SC
  • • Sri. T. Naveen SC, Kerala State Pollution Control Board
  • • V. Krishnakumar
  • • Renjith Thampan (Sr.)

Case Synopsis & Summary

This is a writ petition bearing WP(C) No. 36960 of 2023, filed in the High Court of Kerala at Ernakulam by twelve petitioners including Maheshkumar V.B., Usman C.H., Rasalhameed, Vijayan T., Aboobacker P.A., Rahul T.G., Rincy, Sheela N.D., Asharaf Ali C.A., Nasarudeen A.S., Salim P.P., and Askar T.M., challenging pollution-related nuisances arising from the 12th respondent unit operated by M/s Alliance Marine Products at Edayar, Binanipuram, Ernakulam. The petition sought a Writ of Mandamus directing various respondents (notably PCB and local authorities) to ensure compliance with pollution control measures and to abate pollution caused by the 12th respondent unit, including enforcement against officials, and to implement the closure order Exhibit P2; it sought abatement of nuisance such as foul smells and to keep the unit closed until wastewater and emissions were addressed. It relied on Show Cause Notice (Exhibit P1) and Closure Order (Exhibit P2), among other communications (Exhibits P3–P14). The petition contended for strong regulatory action, including penal action, and sought translations and costs. On final hearing, the Pollution Control Board issued notices, and additional measures were reportedly complied with to the Board’s satisfaction, rendering the reliefs infructuous. The court then closed the petition, while clarifying that the petitioners may reapproach if subsisting grievances arise due to pollution or nuisance in the future.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that there is ongoing environmental and public health risk due to the nuisance and odour emanating from the 12th respondent unit, necessitating mandatory enforcement of pollution control measures, immediate penal action against violators, and immediate closure if required, with full compliance as per Exhibit P2 closure order. They argued for direct police involvement to ensure abatement of nuisance and the necessity of keeping the unit closed until disposal and effluents are properly managed. They sought disposal of several ancillary prayers, including waivers of translations, costs, and a robust, time-bound implementation plan to prevent recurrence, relying on Exhibits P1 (show cause), P2 (closure), and P3 (judgment in WP(C) 9927/2023) to substantiate the urgency and legality of the reliefs.

Contentions of Respondents

The respondents argued that post-petition measures were taken by PCB, with notices issued and additional pollution-control steps implemented, subsequently meeting PCB’s satisfaction; they submitted that the reliefs sought are infructuous since the unit has been subjected to closure-like actions and compliance has been achieved. They asserted that the court should refrain from granting further mandamus, given the post-petition remedial actions and the possibility for petitioners to approach again if new grievances arise. They urged maintenance of regulatory oversight through existing statutes and administrative channels, and recognized the petitioners’ right to approach again if subsisting losses or nuisances persist.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
W.P.(C) No. 9927/2023W.P.(C) No. 9927/2023Mentioned OnlyExhibit P3 is a copy of a prior judgment referenced in the petition; there is no shown application of its principles within the provided portion of the judgment.

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Extracted Judgment Text

Exact text extracted from official judgment records.

``` WP(C) NO. 36960 OF 2023 ``` ``` 1 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:25496 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. ``` ``` TUESDAY, THE 25[TH] 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 ``` **==> picture [58 x 57] intentionally omitted <==** - **`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 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 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`** ``` 4 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:25496 ``` ## **`WP(C) NO. 36960 OF 2023`** - **`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`** ``` 5 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:25496 ``` ``` WP(C) NO. 36960 OF 2023 ``` ``` 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 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`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 12[th] respondent unit under all pretexts and to take necessary penal action and implementation of Exhibit P2 closure order against 12[th] 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 12[th] respondent unit to environment and to ensure abatement of public nuisance by 12[th] 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 12[th] respondent unit until the discharge of foul smell, liquid pollutant discharge_ ``` 2025:KER:25496 ``` ``` WP(C) NO. 36960 OF 2023 ``` ``` 7 ``` **==> picture [58 x 57] intentionally omitted <==** _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 12[th] 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 ``` 8 ``` **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:25496 ``` ## **`WP(C) NO. 36960 OF 2023`** for the petitioners, in view of any pollution or nuisance caused by the 12[th] 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 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`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 ``` ``` 10 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`WP(C) NO. 36960 OF 2023`** ## **`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`** **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:25496 ``` ``` WP(C) NO. 36960 OF 2023 ``` ``` 11 ``` ``` PRESS REPORT IN MALAYALA MANORAMA DATED 23.02.2023 ```