IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 WP(C).No. 11186 of 2008(F) -------------------------- CMA.28/2006 of ADDL.DISTRICT COURT,KOTTAYAM .................... PETITIONERS: ------------ 1. MOHANACHANDRAN NAIR, AGED 62 YEARS, LEELA NIVAS, ERICADU, PUTHUPPALLY VILLAGE, KOTTAYAM. 2. K.P. PHILIPOSE, AGED 64 YEARS, KODINJIVAYALIL HOUSE, PUTHUPPALLY VILLAGE, KOTTAYAM. 3. THOMAS PUNNEN @ JOY, AGED 44 YEARS, KANJARAPALLIL, PUTHUPPALLY VILLAGE, KOTTAYAM. 4. GRACY KURIAN, W/O. KURIAN, AGED 72 YEARS, KADIYANTHURUTHI, PUTHUPALLY VILLAGE KOTTAYAM. 5. K.I. SUDHAKARAN, AGED 57 YEARS, KODINJAVAYALIL, PUTHUPPALLY VILLAGE, KOTTAYAM. 6. C.C. GEORGEKUTTY, AGED 43 YEARS, CHACKAMPUZHAYIL, ANICADU WEST MURI, ANICADU VILLAGE, KOTTAYAM. BY ADV. SRI.K.GOPALAKRISHNA KURUP RESPONDENT: ------------- PRINCE V.ABRAHAM, AGED 42 YEARS, VALIYAPARAMBIL, PROPRIETOR, PRINCE RUBBERS, ERICADU KARA, PUTHUPPALLY, KOTTAYAM. BY ADV. SRI.MANJU ANTONEY SRI.K.JAYAKUMAR(CHERTHALA) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO 11186/08 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE PLAINT IN OS NO.700/05 OF THE ADDL. MUNSIFF'S COURT, KOTTAYAM EXT.P2. COPY OF THE IA NO.4236/05 IN OS NO.700/05 OF THE MUNSIFF'S COURT, KOTTAYAM, ALONG WITH THE AFFIDAVIT EXT.P3. COPY OF THE WRITTEN STATEMENT IN OS NO.700/05 OF THE MUNSIFF'S COURT, KOTTAYAM, DT. 23.1.06 EXT.P4. COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT IN IA NO.4236/05 OF THE MUNSIFF'S COURT, KOTTAYAM, DT. 15.12.05 EXT.P5. COPY OF THE ORDER DT. 31.3.06 IN IA 4236/05 IN OS 700/05 OF THE ADDL. MUNSIFF'S COURT, KOTTAYAM EXT.P6. COPY OF THE MEMORANDUM OF APPEAL IN CMA 28/06 BEFORE THE DISTRICT COURT, KOTTAYAM DT. 7.4.06 EXT.P7. COPY OF THE ORDER DT. 7.2.08 IN CMA 28/06 OF THE ADDL. DISTRICT COURT, KOTTAYAM EXT.P8. COPY OF THE LETTER DT. 1.3.08 ISSUED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOTTAYAM EXT.P9. COPY OF THE LETTER DT. 7.1.06 ISSUED BY THE MEDICAL OFFICER, PHC, PANACHIKADU ALONG WITH THE TEST REPORT ISSUED FROM THE DEPARTMENT OF MICROBIOLOGY, MEDICAL COLLEGE, KOTTAYAM EXT.P10. COPY OF THE ANALYSIS REPORT DT. 15.11.05 ISSUED BY THE ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, KSPCB EXT.P11. COPY OF THE CONSENT ISSUED BY THE POLLUCTION CONTROL BOARD DT, 13.1.06 /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 11186 OF 2008 --------------------- Dated this the 8th day of April, 2008 JUDGMENT This writ petition is preferred against the order of the Additional District Judge, Kottayam, in CMA 28/06. The suit relates to a rubber band manufacturing unit. 2. The averment in the suit are to the effect that it shall not be started as it will cause health problems to the inhabitants on account of the pollution of pure water that is caused due to the flow of waste water from the said unit. There are lot of official formalities before granting such a licence. A consent letter that was given by the Pollution Control Board expired on 31.12.07 as well. The subject matter involved is intricate in the sense it requires real evidence to find out whether the allegation in the plaint can be substantiated or whether it will cause real problem. So the only method is to direct the court below to dispose of the suit itself so that the parties can produce the evidence available for taking a correct decision with respect to the subject matter. 3. I do no propose to interfere with the order passed by the Additional District Judge. But I direct the trial court to expedite and WPC NO 11186/08 2 dispose of the trial of the suit itself, as expeditiously as possible, at any rate, within a period of two months from the date of reopening of the court after summer holidays. I again bring to the notice of the court that it is the desire of an youngster to start an industry and the delay shall not be a reason for spoiling the spirit behind such methods. The status quo as on today will continue till the disposal of the suit. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 11186/08 3 WPC NO 11186/08 4