IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 11769 of 2004(A) -------------------------- PETITIONER: ------------ 1. PAILY MATHAI, CHELATHADATHIL, MATTAKUZHI, VARIKOLI P.O., ERNAKULAM DISTRICT. 2. VARGHESE T.T., THEKKENETH HOUSE, MATTAKUZHI, VARIKOLI P.O., ERNAKULAM DISTRICT. BY ADV. SRI.BABU CHERUKARA SRI.K.K.ALIAS RESPONDENTS: ------------- 1. KOCHI REFINERIES LIMITED, REPRESENTED BY IT'S MANAGING DIRECTOR. 2. DISTRICT COLLECTOR, ERNAKULAM. 3. KERALA STATE POLLUTION CONTROL BOARD, KADAVANTHARA, COCHIN-20 BY ADV. SRI.ANTONY DOMINIC FOR R1 SRI.E.K.NANDAKUMAR FOR R1 SRI.A.K.JAYASANKAR NAMBIAR FOR R1 SMT.PRIYA MAHESH FOR R1 SMT.PRIYA MANJOORAN FOR R1 SRI.G.GOPAKUMAR,SC, KSPCB FOR R2 SRI.BABU JOSEPH KURUVATHAZHA,SC,POLU.C. FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.C.NO.11769/04 PETITIONER'S EXHIBITS EXT.P1 TRUE PHOTOCOPY OF THE INTIMATION DTD. 24-1-01 ISSUED BY THE MEMBER SECRETARY OF THE POLLUTION CONTROL BOARD TO THE M.D. OF THE FIRST RESPONDENT. EXT.P2 TRUE PHOTOCOPY OF THE PETITION FILED BY THE PETITIONERS AND OTHERS TO THE SECOND RESPONDENT DTD. 10-11-2000 EXT.P3 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.C.NO.23185/03 DTD. 10-11-2003 OF THIS COURT. EXT.P4 TRUE PHOTOCOPY OF THE ORDER DTD. 13-2-04 OF THE DISTRICT COLLECTOR, ERNAKULAM FIRST RESPONDENT'S EXHIBITS EXT.R1(A) TRUE COPY OF THE LETTER DTD. 7-6-01 ISSUED BY THE GOVT. OF INDIA, MINISTRY OF PETROLEUM AND NATURAL GAS TO THE FIRST RESPONDENT. EXT.R1(B) TRUE COPY OF THE NOTIFICATION DTD. 6-12-02 NOTIFIED FOR ACQUISITION AS DIRECTED BY KERALA STATE POLLUTION CONTROL BOARD, PUBLISHED IN THE MATHRUBHUMI DAILY NEWS PAPER ON 6-12-02 EXT.R1(C) TRUE COPY OF THE JOINT SITE MEASUREMENT PREPARED BY THE SPECIAL TAHSILDAR FOR THE DISTRICT COLLECTOR DATED 17-2-04 /True Copy/ PA to Judge. PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.11769 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of May, 2008 JUDGMENT Under challenge in this writ petition is Ext.P4 decision taken by the District Collector in a conference which was convened by him in response to the directions by this court in the judgment in O.P.No.23185/03. The grievance of the petitioners is that the DHDS plant and other plants in the Cochin Refinery are generating lots of pollution which makes their lives very difficult. Therefore the request is that the District Collector and the Cochin Refinery be directed to initiate proceedings for acquisition of their properties under the provisions of the Land Acquisition Act. The stand taken by the Cochin Refinery through the counter affidavit filed by them in this court is that the Refinery is not in need of petitioners' land. Refinery has denied the allegation that their plants are generating pollution. Consideration of this court in this case is whether there is any warrant for interfering with Ext.P4 decision of the District Collector. I have no difficulty to answer that question in negative. It is seen that WPC.No.11769/04 2 the District Collector found on the basis of the report submitted by the Land Acquisition Officer that the direction which the Pollution Control Board had given in the matter is that the properties within the distance of 100 metres of DHDS plant should be acquired. Petitioners request is that their properties should also be acquired for the reason that those properties are within 100 metres from the boundary wall of the refinery. This request cannot be granted in view of the stand of the Refinery that the they are not in need of the petitioners property for any purpose. I dismiss the writ petition. However it is made clear that in the event of any genuine cause of action arising in the context of law of Torts or other contexts, this judgment will not stand in the way of petitioners invoking remedies if any available before the civil court. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.11769/04 2