BINU ABRAHAM ZACHARIA v. STATE OF KERALA

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 23RD DAY OF JANUARY 2024 / 3RD MAGHA, 1945 WP(C) NO. 1041 OF 2023 PETITIONER: REV. SAMUEL GEORGE, AGED 65 YEARS S/O. E.P. GEORGE, SALEM NIVAS, PATHANAPURAM, KOLLAM DISTRICT (GENERAL SECRETARY, INDIAN PENTECOSTAL CHURCH OF GOD (IPC OF GOD), HEBRON, KUMBANAD, PATHANAMTHITTA.), PIN – 689547 BY ADV P.R.VENKATESH RESPONDENTS: 1 2 3 4 5 6 7 DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA DISTRICT-689645, PIN – 689645 REVENUE DIVISIONAL OFFICER, OFFICE OF THE RDO, THIRUVALLA., PIN – 689101 KERALA STATE POLLUTION CONTROL BOARD BOARD REPRESENTED BY THE ENVIRONMENTAL ENGINEER, KAKKANATTU COMMERCIAL COMPLEX, PATHANAMTHITTA., PIN – 689645 KOIPPURAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KOIPPURAM GRAMA PANCHAYAT, PULLAD P.O., PATHANAMTHITTA., PIN – 689548 SAJI ABRAHAM, VATTAPARAMBU, KUMBANAD P.O., PATHANAMTHITTA., PIN – 689547 VARGHHESE THOMAS (JESSY), VALIYATHANNIKKAL HOUSE, KUMBANAD P.O., PATHANAMTHITTA., PIN – 689547 MANU, VALIYATHANNIKKAL HOUSE, KUMBANAD P.O., PATHANAMTHITTA., PIN – 689547 WPC 1174/23 & 1041/23 4 8 BINU A.S. SKARIAH, VATTAPARAMBIL HOUSE, KUMBANAD P.O., PATHANAMTHITTA., PIN – 689547 BY ADVS. ADV. VENUGOPAL.M.R JOSEPH GEORGE DHANYA P.ASHOKAN(K/001671/2000) S. MUHAMMAD ALIKHAN(K/000644/2020) BIJO THOMAS GEORGE(B-432) P.A.REJIMON(K/700/2017) SAJEEV JOHN T.(K/000631/2022) RAJEEV JYOTHISH GEORGE, GP T NAVEEN – SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.01.2024, ALONG WITH WP(C)NO.1174/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 1174/23 & 1041/23 5 JUDGMENT [WP(C) Nos.1174/2023, 1041/2023] These two matters impel analogous factual circumstances and seek reliefs which are interconnected.

2. Suffice to say, noticing the contentions of the rival parties, this Court had passed an interim order on 05.01.2024 to the following effect: Since the objection of the petitioner in W.P. (C)No.1174/2023 is primarily with respect to the manner in which bio-toilets and such other pollution control facilities in the area of congregation - as planned by the petitioner/organizer in W.P.(C)No.1041/2023 - will have to be modulated, I am certain that the Local Self Government Institution (LSGI) and the Pollution Control Board have a definite role to play.

2. Normally, when anybody proposes a congregation, it is for them to move the ‘LSGI’ with a proper application and a Scheme of the arrangements, so that a final decision can be taken by its competent Authority, in consultation with the Pollution Control Board. I see no reason why it should not be done in this case either. Resultantly, (a) I leave liberty to the petitioner/organizer in W.P. (C)No.1041/2023 to move the ‘LSGI’ with an appropriate request and a plan of the arrangements for the congregation, which is stated to commence from 14.01.2024. (b) On the application being received by the ‘LSGI’, they will immediately process it and require necessary inputs from the Pollution Control Board, through a written request, which shall be done within 24 hours thereafter. (c) On the Pollution Control Board obtaining the request from the ‘LSGI’, its competent Authority will go through the application, as also the plan proposed by the organizers, and take a decision as to the manner in which the WPC 1174/23 & 1041/23 6 bio-toilets or other disposal facilities have to be organized and operated. This shall be done by the Pollution Control Board within 24 hours from the time on which they receive the request from the ‘LSGI’; and will inform the latter about their decision forthwith thereafter. (d) On the ‘LSGI’ receiving the input from the Pollution Control Board as afore, they will issue necessary proceedings to the organizer/petitioner in W.P. either allowing the congregation or (C)No.1041/2023, modulating it in such manner as may be required by law, within a period of one week thereafter. (e) In the event the ‘LSGI’ allows the conduct of the congregation - as requested by the organizer/petitioner in W.P. (C)No.1041/2023 - then they will ensure, through appropriate methods, including with the assistance of the Police, that every requirement in law is implicitly complied with. The Pollution Control Board will also keep an eye on the congregation and intervene and take steps as required, if there is any violation. Needless to say, a report of such, if any, shall be made available to this Court by the next posting date. List for compliance and verification on 15.01.2024.

3. Today, Sri.Joseph George - learned counsel for the petitioner in WP(C)No.1174/2023, alleged that a congregation was conducted by the organizers, violating the afore interim order of this Court, because the Local Self Government Institution had not given any permission for them to do so.

4. Learned Standing Counsel for the Local Self Government Institution – Sri.M.R.Venugopal, affirmed that his client did not give any permission to the organizers; but that the congregation was still conducted. WPC 1174/23 & 1041/23 7

5. Obviously, this is a case where the petitioners will have to approach this Court appropriately for violation of the directions of this Court. As matters now stand, I have already passed an interim order; and since the congregation is now over, nothing remains in these Writ Petitions for further consideration. I, therefore, allow these Writ Petitions, confirming the interim order as afore; however, leaving liberty to the parties to invoke and pursue any remedy as may be available to them in law, including under the Contempt of Courts Act, if it is found so warranted. RR Sd/- DEVAN RAMACHANDRAN JUDGE WPC 1174/23 & 1041/23 8 APPENDIX OF WP(C) 1041/2023 PETITIONER EXHIBITS Exhibit p1 Exhibit p2 Exhibit p3 Exhibit p4 Exhibit p5 Exhibit p6 Exhibit p7 Exhibit p8 Exhibit p9 Exhibit p10 RESPONDENT EXHIBITS Exhibit R-8 (b) Exhibit R-8 (a) TRUE COPY OF THE JUDGMENT DATED 7.11.2022 IN W.P.(C) NO. 34415/2011 OF THIS HON'BLE COURT. TRUE COPY OF THE ORDER DATED 15.10.2022 OF THE RDO. TRUE COPY OF THE COMMUNICATION DATED 9.11.2012 OF THE POLLUTION CONTROL BOARD TRUE COPY OF THE COMMUNICATION DATED 21.11.2022 ISSUED BY THE SECRETARY, KOIPPURAM GRAMA PANCHAYA TRUE COPY OF ORDER DATED 27.12.2022 RECEIVED FROM THE SUB COLLECTOR/RDO, PATHANAMTHITTA. TRUE COPY OF THE ORDER DATED 5.1.2018 IN W.P.(C) NO. 345/2018 OF THIS HON'BLE COURT TRUE COPY OF CONSENT TO OPERATE DATED 20.10.2017 ISSUED BY THE POLLUTION CONTROL BOARD TRUE COPY OF CONSENT WITHDRAWAL LETTER FROM THE POLLUTION CONTROL BOARD THEREAFTER ON 1.11.2017 TRUE COPY OF TRUE COPY OF QUOTATION RECEIVED FROM BECOMFORTABLE INDUSTRIES PVT. LTD DATED 30.11.2022. TRUE COPY OF QUOTATION RECEIVED FROM GALAXY DATED 13.12.2022. True photocopy of report No: A4-4475/15 dated 09-01-2023 of the 2nd respondent True photocopy of order No:A4-4475/15 dated 05-01-2023 issued by the 2nd respondent WPC 1174/23 & 1041/23 9 APPENDIX OF WP(C) 1174/2023 PETITIONER EXHIBITS Exhibit P-1 Exhibit P-2 Exhibit P-3 Exhibit P-4 TRUE PHOTOCOPY OF ORDER NO: A4-4475/2022 DATED 15-10-2022 ISSUED BY THE 3RD RESPONDENT TRUE PHOTOCOPY OF THE COMPLAINT DATED 04- 01-2023 SUBMITTED BEFORE THE 3RD RESPONDENT BY THE PETITIONER TRUE PHOTOCOPY OF ORDER NO:A4-4475/15 DATED 05-01-2023 ISSUED BY THE 3RD RESPONDENT TRUE PHOTOCOPY OF REPORT NO: A4-4475/15 DATED 09-01-2023 OF THE 3RD RESPONDENT