IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 8747 of 2010(P) ------------------------- PETITIONER(S): --------------- 1. GOPINATHAMENON, S/O. SAROJINI AMMA, THATTATT, MADAKKATHARA VILLAGE DESOM, THRISSUR DISTRICT. 2. SANTHOSH M.G., S/O. MAPRANAN JOHNY, ERVIMANGLAM DESOM, NADATHARA VILLAGE. 3. RAMANEZHUTHAZHAN, S/O.CHEMANDA KUNJU EZHUTHACHAN, MADAKKATHARA VILLAGE DESOM, THRISSUR TALUK. 4. THANKACHAN, S/O. VARGHESE, KAPLIKUNNE, PULLANIKADU DESOM, MADAKKATHARA VILLAGE, THRISSUR TALUK. 5. RAVIKUMAR, S/O.ADIYATH RAMAKRISHNAN, PULLANIKADU DESOM, MADAKKATHARA VILLAGE, THRISSUR TALUK. 6. RAMAKRISHNN, S/O. KOCHUNNI, EDATHARA, PULLANIKADU DESOM, MADAKKATHARA VILLAGE, THRISSUR TALUK. BY ADV. SRI.JIJO PAUL RESPONDENT(S): --------------- 1. N.M.MINERALS INDIA PVT. LTD., VI/210A, MADAKKATHARA.P.O., THRISSUR-680651. REPRESENTED BY B.K.NAIR, MANAGING DIRECTOR. 2. THE KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, P.C.B., THRISSUR. 3. DISTRICT OFFICER, GROUND WATER DEPARTMENT, THRISSUR-2. 4. MADAKKATHARA GRAMA PANCHAYATH, P.O.KUTTICHIRA, THRISSUR DISTRICT-680028, REPRESENTED BY SECRETARY, MADAKKATHARA, THRISSUR DISTRICT. 5. DISTROCT COLLECTOR, THRISSUR. ADV. SRI.C.CHANDRASEKHARAN FOR R1 SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOAR FOR R2 SRI.M.ANIL KUMAR FOR R4 SMT.PREETHI K.PURUSHOTHAMAN FOR R4 GOVERNMENT PLEADER SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ------------------------------------------ W.P(C) No.8747 OF 2010 ------------------------------------------ Dated this the 6th day of August, 2010 JUDGMENT The petitioner has filed this writ petition seeking a direction to the first respondent to strictly implement Ext.P3, which is a Hydrogeological Investigation Report giving the following recommendations: Based on the above facts the following recommendations are made for the smooth and eco-friendly functioning of the Company 1) Maximum daily pumping from the well should not exceed 6000 liters per day. This should be ensured by installing a sealed water meter in the delivery line. If the existing two motors are coupled to single delivery line one water meter is necessary and if not two water meter should be installed after. Installation should be done in the presence of Ground Water Department officials. 2) Log book should be maintained for each pump in which time and quantity of water pumped should be recorded every day. This should be made available to the Ground Water Department personal for verification as and when required. 3) A Sign board showing the name of the unit and its capacity should be displayed at the entrance of the site. 2. On 18.5.2010, I directed the first respondent to see that Ext.P3 is strictly implemented and to file an affidavit stating that Ext.P3 has been strictly implemented. An affidavit has been filed by the first respondent to the effect that Ext.P3 has been strictly implemented. Since there was a dispute in respect thereof I directed the Government Pleader to ascertain from the third respondent as to whether the averment of the first respondent that Ext.P3 has been strictly complied with is correct or not. The Government Pleader has filed a memo producing the inspection report W.P(C) No.8747 OF 2010 2 of the Hydogeologist of Ground Water Department, Thrissur stating as follows: As per the Hydrogeological investigation conducted in the area, 3 recommendations have been made for the smooth and ecofriendly functioning of the company. The recommendations made were implemented by M/s.N.M.Minerals, Madakkathara, Thrissur. In continuation to this, Departmental Personnel inspected the site on 1.7.2010 and 23.7.2010 and found that the recommendations made are followed by the company. Observations made during the site visit are: 1. Sealed Water Meter has been installed in the delivery line of the Pump set on 18.3.2010 in presence of Hydro geologist of this office. 2. Log book regarding the daily consumption is also maintaining w.e.f.18.3.2010 and the same is available to the Ground Water Department Personnel for verification as and when required. It is clear from the Log book that the consumption does not exceed the limit of 6000 Litres/Day. 3. Out of the 2 Pump sets installed initially, one has been removed. Currently pumping is done only with one pump set for which the sealed Water Meter is installed. 4. Sign Board showing the name of the Unit and its capacity has been installed at the entrance of the site. In view of the same, the counsel for the petitioner submits that the said submissions may be recorded and the writ petition may be closed with a further direction to the third respondent to monitor implementation of Ext.P3 from time to time. Ordered accordingly and the writ petition is disposed of with a direction to the respondents 2 to 5 that Ext.P3 recommendations are strictly complied with by the first respondent at all times. S.SIRI JAGAN, JUDGE cms