IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 WP(C).No. 21696 of 2010(S) -------------------------------- PETITIONERS: --------------- 1. K.B.SOMASUNDARAM STATE PRESIDENT, AKHILA KERALA DEEVARA SANMARGA SABHA (ADKSS) REGD. VIDE NO 92/1994 OF CHERTHALA SUB REGISTRY) VARANAD PO, CHERTHALA, DIST. ALAPPUZHA, KERALA STATE. 2. VARANAD MOHANAN GENERAL SECRETARY, AKHILA KERALA DEEVARA SANMARGA SABHA (ADKSS) REGD. VIDE NO 92/1994 OF CHERTHALA SUB REGISTRY) VARANAD PO, CHERTHALA, DIST. ALAPPUZHA, KERALA STATE. BY ADV. SRI.K.REGHU KOTTAPPURAM SRI.R.MAHESH (KOTTAPPURAM) SMT.URSULA FRANCIS RESPONDENTS: ----------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA DISTRICT, ALAPPUZHA 2. THE REVENUE DIVISIONAL OFFICER (RDO) ALAPPUZHA, DIST., ALAPPUZHA. 3. THE DEPUTY SUPERINTENDENT OF POLICE CHERTHALA, DIST. ALAPPUZHA 4. THE ENVIORNMENTAL ENGINEER POLLUTION CONTROL BOARD, ALAPUZHA 5. THE CHAIRMAN, UNITED SPIRITS LTD. U.B. TOWER, 24 , VITTAL MALLYA ROAD, BANGALORE. W.P.(C) NO.21696 OF 2010 - 2 - 6. THE GENERAL MANAGER UNITED SPIRITS LTD, VARANAD PO-688524, CHERTHALA, DIST. ALAPPUZHA 7. THE SENIOR MANAGER UNITED SPIRITS LTD, VARANAD PO-688524, CHERTHALA, DIST. ALAPPUZHA R1 TO R3 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R4 BY STANDING COUNSEL SRI.M.K.CHANDRA MOHANDAS, SRI.RAJU K.MATHEWS FOR R5,6,7 SRI.M.P.VINOD FOR R5,6,7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE EXTRACT OF THE RESOLUTION DATED 1.7.2010 EXT.P2 TRUE COPY OF PUBLIC NOTICE DATED 20.5.2001 EVIDENCING THE AGITATION EXT.P3 TRUE COPY OF NOTICE NO.N5-22790/01 DATED 18.6.2001 ISSUED BY THE DISTRICT COLLECTOR EXT.P4 TRUE COPY OF AGREEMENT ARRIVED AT ON 13.11.2001 IN THE MEDIATION BY DISTRICT COLLECTOR EXT.P5 TRUE COPY OF LETTER NO.P.C.B./ALPA/W-27/97 DATED 27.9.2001 EXT.P6 TRUE COPY OF ORDER VIDE PROCEEDINGS NO.P.C.B.T/126/75 DATED 17.5.2005 RESPONDENTS' EXHIBITS EXT.R4(A) TRUE COPY OF ANALYSIS REPORT NO.34727 DTD.16.9.2010 EXT.R4(B) TRUE COPY OF LETTER DTD.27.1.2010 EXT.R4(C) TRUE COPY OF LETTER NO.POLLUTION CONTROL BOARD/ALP/UCO 126/07 DTD.4.10.2010 EXT.R4(D) TRUE COPY OF LETTER NO. POLLUTION CONTROL BOARD/ALP/UCO-126/ 2007 DTD.12.8.2010 EXT.R4(E) TRUE COPY OF ANALYSIS REPORT NO.34726 DTD.16.9.2010 / TRUE COPY / J. CHELAMESWAR, C.J & ANTONY DOMINIC, J. ---------------------------------------------- W.P(C).No. 21696 Of 2010 ---------------------------------------------- Dated this the 28th day of March, 2011 JUDGMENT Antony Dominic, J. This Writ Petition is filed with the prayers as follows: (i) Issue a Writ of Mandamus commanding the respondents 1, 2 & 4 to prevent the functioning of the Distilling Plant being operated by the 6th respondent industry forthwith. (ii) Issue a Writ of Mandamus commanding the 4th respondent to act in pursuance of Exhibits P5 & P6 by ensuring that the 6th respondent Industry do not push out Industrial effluents and waste into the Vembanad lake and Puthenthodu by pumping operation or by allowing leakage through the compound wall forthwith. (iii) Issue a Writ of Mandamus commanding respondents 1 & 2 to discharge the function of District Executive Magistrate for abating the nuisance created by 6th respondent Industry by pumping out Industrial effluents and waste to the Vembanad lake and other side water courses by taking appropriate legal action according to law including the provisions under Criminal Procedure. (iv) Issue any other appropriate Writ deemed fit and proper in the circumstances of the case” 2. A counter affidavit has been filed on behalf of respondents 5 to 7, wherein it has been stated as follows: “Since the plant cannot be run continuously due to the non-availability of molasses on a regular basis from other States, the cost to be incurred to implement the zero discharge system, would render the operation unviable. In the circumstance, the company decided not to operate the primary distillation plant in Cherthala after 6.2.1011. accordingly we have closed the molasses based Distillation plant, with effect from 6.2.2011.” In view of the aforesaid undertaking, we dispose of this Writ Petition recording the same. 3. We further direct that in the event the respondents propose to reopen the Distillation plant, on any day in the future, the same shall be done only after obtaining orders from this Court. The Writ Petition is disposed of as above. J.CHELAMESWAR, CHIEF JUSTICE ANTONY DOMINIC, JUDGE vgs