IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WA.No. 70 of 2009() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.31770/2008 Dated 05/01/2009 .................... APPELLANT(S): PETITIONER ----------------------- T.S.SAJI MON MANAGING PARTNER, HINDUSTAN BLOCK RUBBER FACTORY THIRUVANVANDOOR GRAMA PANCHAYAT,KALLISSERY P.O. BY ADV. SRI.T.M.ABDUL LATHEEF SRI.A.MUHAMMED HASHIM RESPONDENT(S): RESPONDENTS -------------------------- 1. THIRUVANVANDOOR GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY THIRUVANVANDOOR PO, CHENGANNUR,ALAPPUZHA 689 109 2. SECRETARY THIRUVANVANDOOR GRAMA PANCHAYAT THIRUVANVANDOOR PO, CHENGANNUR,ALAPPUZHA 689 109 3. KERALA POLLUTION CONTROL BOARD DISTRICT OFFICE, ALAPPUZHA. 4. UTHUPPAN JOSEPH, S/O.JOSEPH CHARUVUPARAMBIL, KALLISSERY, CHENGANNOOR. ADV. SRI.M.K.CHANDRAMOHAN DAS, SC, PCB SRI. S.SUBHASH CHAND THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy,Ag.C.J. & P.R.Ramachandra Menon, J. -------------------------------------- W.A. No. 70 of 2009 --------------------------------------- Dated this the 9th day of January, 2009 Judgment Koshy,Ag.C.J. Factory of the appellant/petitioner was directed to be stopped. Against that, petitioner filed writ petition. An interim stay was granted, but, interim stay was vacated after obtaining Ext.R3 (a) report from the Chief Environmental Engineer. Petitioner can continue to run the factory if Chief Environmental Engineer certifies that no discharge of effluent to the river is made. Only after getting a certificate from the Chief Environmental Engineer and producing the same before the panchayat, petitioner can start operation. Petitioner shall move the learned single Judge for an early disposal of the writ petition. The writ appeal is disposed of. J.B.Koshy Acting Chief Justice P.R.Ramachandra Menon Judge vaa W.P.(C) No./2009 2 W.P.(C) No./2009 3 J.B. KOSHY, Ag.C.J. AND P.R.RAMACHANDRA MENON,J. ------------------------------------- W.A.No. /2006 ------------------------------------- Judgment Date:9th January, 2009