Fresh Cut row: Residents to resume protest after HC stays KSPCB stop memo; activists allege procedural lapses

Kozhikode: The local-level action council spearheading the agitation against the controversial Fresh Cut Organic Products Pvt Ltd at Thamarassery has decided to intensify its protest from Friday after the Kerala High Court stayed the stop memo issued by the Kerala State Pollution Control Board (KSPCB), allowing the company to continue its operations for the time being.

The KSPCB had, on Thursday, directed the company to immediately suspend all operations and completely shut down the waste-processing unit. The order was issued following persistent complaints from local residents alleging that waste generated by the facility was continuing to flow into nearby residential areas, resulting in environmental pollution and severely affecting the lives of people living in the locality.

The stop memo had initially come as a major relief to local residents, who have been protesting against the unit for nearly five years, accusing it of causing serious environmental and water pollution. However, the High Court's decision to stay the order has left the protesters disappointed and has raised questions over whether the authorities had followed the necessary legal procedures before issuing the closure directive.

Protesters alleged that the stop memo was merely an "eyewash" and claimed that procedural shortcomings on the part of the authorities enabled the company to secure relief from the court.

Babu Kudukkil, chairman of the local-level action council, said the protest would be intensified from Friday in the wake of the High Court's interim order.

"It is unacceptable that the company has been allowed to resume its operations. The authorities should have exercised greater care and vigilance while issuing the stop memo. Any loophole in the legal procedure only gives the factory owners an opportunity to continue operating the unit. From Friday, we will shift our protest venue to the factory gate, and more social organisations are expected to join the agitation in the coming days," he said.

Saidalavi Anadiyil, vice-president of the Natoruma Human Rights Collective, also criticised the manner in which the stop memo was issued, arguing that it lacked the legal foundation required to withstand judicial scrutiny.

He pointed out that the order merely stated that it had been issued "based on public complaints". In the Indian judicial system, he said, a punitive order that is not supported by findings of wrongdoing or evidence is unlikely to survive legal challenge.

"Instead of simply referring to public complaints, the order should have clearly stated that the authorities had examined the complaints, verified the allegations through inspection or investigation, and found sufficient evidence to justify action against the company," he said.

According to him, in the absence of such findings and supporting evidence, if the company restores the functioning of its Effluent Treatment Plant (ETP), bio-bed and biogas systems and approaches the court, there is a strong possibility that the closure order could eventually be quashed.

Saidalavi further argued that the authorities should have initiated proceedings under the Disaster Management Act, 2005, besides invoking criminal provisions relating to contamination of drinking water sources and other relevant environmental laws.

"Only such comprehensive legal action would provide a permanent remedy to the people who have been affected. Otherwise, temporary measures like this are unlikely to withstand judicial scrutiny," he said.

Alleging collusion, he claimed that the stop memo appeared to be nothing more than part of a nexus involving politicians, officials and the Fresh Cut company.

Meanwhile, the company authorities have not responded to the allegations.