BEFORE THE NATIONAL GREEN TRIBUNAL

SOUTHERN ZONE, CHENNAI

Application No.60 of 2015 (SZ)

In the matter of

1. P.Abdul Azeez Kannamangalam Village District,

2. P.Abubacker, Kannamangalam Village , Kerala

3. K.Muhammedkutty Haji Kannamangalam Village Malappuram District, Kerala

4. U.C.Alavikutty Kannamangalam Village Malappuram District, Kerala

5. U.C.Hydru Kannamangalam Village Malappuram District, Kerala

6. U.C.Ramla Kannamangalam Village Malappuram District, Kerala

7. U.M.Muhammed Haji Kannamangalam Village Malappuram District, Kerala

8. Palleri Abdukaka, Kannamangalam Village Malappuram District, Kerala

.....Applicant VS 1. The District Collector, Malappuram District, Kerala

2. The Additional District Magistrate Malappuram District, Kerala

3. The Secretary Oorakam Grama Panchayath Malappuram District, Kerala

4. The Secretary, Kannamangalam Grama Panchayath, Malappuram District, Kerala

5. Kerala State Pollution Control Board Thiruvananthapuram, Kerala Rep. by its Member Secretary

6. Senior Geologist,

Mining and Geology Department Malappuram, Kerala

7. The Village Officer, Oorakam Village, Malappuram District, Kerala

8. The Village Officer, Kannamangalam Village, Malappuram District, Kerala

9. The Superintendent of Police, Malappuram District, Kerala

10. Sub Inspector of Police, Vengara Police Station, Malappuram District, Kerala

11. Kanneth Industries, Kannamangalam Grama Panchayath, Malappuram District, Kerala Rep. by its Manager Kunjumuhammed@ Bawa .. Respondents

Counsel appearing for the applicant:

Mr.Alias M.Cherian

Counsel appearing for the Respondents:

Smt. Suvitha A.S. for R1, R2, R6 to R10 Smt. Rema Smrithi for R5 M/s.Kamalesh Kannan & Sai Sathya Jith for R11

O R D E R

Present

Hon’ble Shri Justice Dr.P. Jyothimani, Judicial Member

Hon’ble Prof.Dr.R. Nagendran, Expert Member

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5th January, 2016

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The 11th respondent is conducting crushing unit in Kannamangalam /Oorakam

Villages in Thirurangadi Taluk in Malappuram District. Admittedly, from the year 1987 onwards, objections have been started regarding the functioning of the crushing unit of the 11th respondent and the objections by the applicant and others from the year 2011 on the ground that the sound emanated from the crushing unit is beyond the tolerable limits and the dust from the unit causes lot of pollution and health problems in the

surrounding area. Hence the applicant has sought for an order restraining the 11th respondent from conducting the said crushing unit

2. The 11th as well as 5th respondent Board have filed reply.

3. The ‘consent to operate’ which has been renewed by Kerala State Pollution

Control Board in the order dated 05.02.2014 which finds place in the typeset filed by the

11th respondent shows that the renewal of ‘consent to operate’ is valid upto 31.12.2016.

4. In view of the said fact that the 11th respondent is carrying on the crushing unit with the valid consent granted by the Board, the prayer sought for in this application cannot be granted.

5. However, if the applicant is aggrieved by the consent granted by the Board, it is always open to him to approach the learned Appellate Authority in the manner known to law.

6. Giving such liberty, the application stands dismissed. However, there will be no order as to cost.

Justice Dr.P.Jyothimani (Judicial Member)

Prof.Dr.R.Nagendran

(Expert Member)