IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 WP(C).No. 12063 of 2009(S) ------------------------------------- PETITIONER: ------------------- NATIONAL HEALTH PROTECTION AND SOCIAL SERVICE ORGANIZATION-KOLLAM, REG.NO.Q.592/90, REPRESENTED BY ITS CHAIRMAN, RAVI MYNAGAPPALLY. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENTS: ------------------------ 1. THE SECRETARY TO GOVERNMENT, MINISTRY OF ENVIRONMENT AND FOREST, (IA DIVISION), PRIYA BHAVAN, C.G.O.COMPLEX, LOBBY ROAD, NEW DELHI-110 003. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, INDUTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHAIRMAN, SUPREME COURT MONITORING COMMITTEE ON HAZARDOUS WASTE (SCMC), HON'BLE SUPREME COURT OF INDIA, NEW DELHI. 4. THE SECRETARY, CENTRAL POLLUTION CONTROL BOARD, NEW DELHI. 5. THE SECRETARY, THE KERALA STATE POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM. 6. THE KERALA MINERALS AND METALS LTD., SANKARAMANGALAM, CHAVARA-691583, KOLLAM, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL FOR R1 R2 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL STANDING COUNSEL SRI.M.K.CHANDRA MOHANDAS FOR R5 SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE FOR R4 SRI.S.SUJIN FOR R4 ADV. SRI.V.KRISHNA MENON FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.12063 OF 2009-S APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO RESPONDENTS EXT.P2 PHOTOCOPY OF G.O.(MS) NO.16/2000/ID DATED 24.1.2000 EXT.P3 PHOTOCOPY OF G.O.(MS) NO.17/2000/ID DT. 24.1.2000 EXT.P4 PHOTOCOPY OF G.O.(MS) NO.18/2000/ID DT. 24.1.2000 EXT.P5 PHOTOCOPY OF G.O.(MS) NO.19/2000/ID DT. 24.1.2000 EXT.P6 PHOTOCOPY OF G.O.(MS) NO.46/2004/ID DATED 23.4.2004 EXT.P7 PHOTOCOPY OF ENVIRONMENTAL CLEARANCE DATED 12.2.2007 EXT.P8 PHOTOCOPY OF NOTICE INVITING FRESH TENDERS EXT.P9 PHOTOCOPY OF THE LETTER DATED 2.6.2008 OF THE 5TH RESPONDENT EXT.P10 PHOTOCOPY OF THE PROCEEDINGS OF THE ENVIRONMENTAL PUBLIC HEARING FOR THE CAPACITY EXPANSION PROJECT OF 6TH RESPONDENT EXT.P11PHOTOCOPY OF THE REPORT OF THE VISIT OF THE SUPREME COURT MONITORING COMMITTEE WITH RECOMMENDATIONS DATED 14.8.2004 EXT.P12 COPY OF THE NOTIFICATION DATED 20.12.2008 ISSUED BY THE 6TH RESPONDENT INVITING TENDERS EXT.P13 COPY OF THE DIRECTION DATED 25.8.2008 ISSUED BY THE 5TH RESPONDENT TO KMML. ANNEXURE R5(A) TRUE COPY OF THE ORDER NO.G.O.(MS) NO.15/2008/ID DATED 25.1.2008 / TRUE COPY / S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.P. (C) No.12063 of 2009 ------------------------------------------ Dated, this the 6th day of July, 2009 JUDGMENT Kurian Joseph, J. This writ petition is filed in public interest mainly with the following prayer: “Issue a writ of mandamus or any other appropriate writ order or direction restraining the 6th Respondent from proceeding with further developmental activities without complying with the conditions stipulated in Exhibit P7 Clearance from the first respondent.” 2. Learned counsel appearing for the 6th respondent Company submits that they have no plan for development as of now and in case they go for any further development, they will strictly comply with the conditions stipulated in Ext.P7. 3. Learned Standing Counsel appearing for the Kerala State Pollution Control Board submits that before clearance is given for any further developmental activities to the 6th respondent, the Pollution W.P.(C) No.12063 of 2009 - 2 - Control Board will see that the conditions stipulated in Ext.P7 are scrupulously followed by the 6th respondent. The above submissions are recorded and the writ petition is disposed of. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns