IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 WP(C).No. 17037 of 2010(D) ---------------------------------------- PETITIONER(S): ----------------------- SRI.MAHENDRA KUMAR JAIN, PARTNER, NAVEEN TRADING COMPANY, MALIKAMPEEDIKA, ALANGAD. BY ADV. SRI.SAIBY JOSE KIDANGOOR RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE, ALUVA POLICE STATION, ALUVA. 3. KUNJUMON, S/O.BEERAN, ONPATHINGAL HOUSE, MALIKAMPEEDIKA, ALANGAD. * ADDL.R4 IMPLEADED * ADDL.R4: ALANGAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, ALANGAD, NORTH PARAVOOR. *ADDL.4TH RESPONDENT IMPLEADED AS PER ORDER DATED 9/6/2010 IN IA.NO.7340/2010. R1 & R2 BY GOVERNMENT PLEADER SMT.CHARISMA R3 BY ADV. SRI.K.A.JALEEL ADDL.R4 BY SRI.DINESH MATHEW J.MURICKEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.17037/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE REPRESENTATION DATED 28/5/2010. RESPONDENT'S EXHIBITS: R3(A) COPY OF THE ORDER DATED 21/4/2010 IN PETITION NO.237/2010 ON THE FILE OF THE HON'BLE OMBUDSMAN. R3(B) COPY OF THE ORDER DATED 26/5/2010 ISSUED BY THE SECRETARY, ALANGAD GRAMA PANCHAYATH. R3(C) COPY OF THE INVESTIGATION REPORT DATED 5/4/2010 CONDUCTED BY THE INVESTIGATING OFFICER APPOINTED BY THE HON'BLE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS ALONG WITH COVERING LETTER DATED 16/4/2010. R3(D) COPY OF THE DIRECTION ISSUED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, ERNAKULAM ON 20/4/2010DIRECTING THE PETITIONER TO STOP ALL OPERATIONS AND PROCESSING IN THE INDUSTRIAL UNIT. R4(A) COPY OF THE ORDER PASSED BY THE HON'BLE OMBUDSMAN DATED 21/04/2010 R4(B) COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 21/05/2010. R4(C) COPY OF THE REPLY TO EXHIBIT R4(B) DATED R4(D) COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED R4(E) COPY OF THE REPLY TO EXHIBIT R4(D) DATED R4(F) COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT DATED /TRUE COPY/ P.A.TO.JUDGE sts Thottathil B.Radhakrishnan & S.S.Satheesachandran, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.17037 of 2010-D = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of February, 2011. Judgment Thottathil B.Radhakrishnan, J. Following the earlier orders, the writ petitioner through his learned counsel has shown us a copy of the order dt.12.1.2011 issued by the learned Ombudsman for LSGIs on O.P.No.237/2010. We record the submission of the petitioner that the learned Ombudsman has seen the report of the PCB to the effect that the unit can operate in terms of the contents of the aforesaid order of the learned Ombudsman. We are of the view that any further observations in this case only impair the smooth proceedings before the learned Ombudsman. We direct that the parties will abide by the decision that may be issued by the learned Ombudsman and the police will give effect to the WPC17037/10 -: 2 :- orders of the learned Ombudsman and provide protection to the petitioner to carry on activities in conformity with the directions of the learned Ombudsman in O.P.237/2010. The petitioner will be at liberty to place a copy of this judgment before the learned Ombudsman for LSGIs. The writ petition ordered accordingly. Thottathil B.Radhakrishnan, Judge. S.S.Satheesachandran, Judge. Sha/2302