IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WP(C).No. 15514 of 2008(V) -------------------------- PETITIONER: ------------ JAYALAKSHMI, CHEPPALLIL HOUSE, BHAVANA, NAGAR, 23B, SWATHI BAKERY, NEAR PRATHIBHA HOSPITAL, KADAPPAKKADA, KOLLAM - 8. BY ADV. SRI.C.VALSALAN SRI.GHOSH YOHANNAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENTS: ------------- 1. THE DISTRICT LEGAL SERVICE AUTHORITY, KOLLAM, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, THE TALUK LEGAL SERVICES COMMITTEE, KOLLAM. 3. THE KOLLAM CORPORATION, (P.O) KOLLAM, REPRESENTED BY ITS SECRETARY. 4. MR.TITUS ANTONY, BHAVANA NAGAR - 175, NEAR PRATHIBHA HOSPITAL, KADAPPAKKADA, KOLLAM - 8. 5. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, KADAPPAKKADA, KOLLAM. BY ADV. SMT.K.K.THULASY BHAI,SC,POLLUTION C.BOA FOR R5 SHRI.CHANDRAMOHAN DAS, SC FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.15514 of 2008 ================== Dated this the 18th day of June, 2008 J U D G M E N T The petitioner runs a bakery. On allegations of pollution, the petitioner was directed to stop the same. The matter was taken to the Legal Services Authority, who directed the petitioner to raise the height of the smoke pipe and to obtain a clearance certificate from the Pollution Control Board to the effect that the smoke emanating does not cause pollution. The petitioner challenges the direction issued by the Legal Services Authority on the ground that the Legal Services Authority has no power to direct the petitioner to do so. In view of the proceedings the petitioner has been directed by the 3rd respondent to stop the business temporarily till the said directions are complied with, which is under challenge in this writ petition. The petitioner has filed this writ petition seeking the following reliefs: “i) Issue a writ of certiorari and quash Ext.P5 and consequent orders by way of Ext.P4 and Ext.P6 as illegal and non est. ii) Declare that the petitioner is entitled to continue to run the manufacturing unit “Borma” for manufacturing Bakery items, as earlier.” 2. However, the petitioner now submits that she is prepared to comply with the conditions stipulated by raising the 2 height of the smoke pipe and obtaining certificate from the Pollution Control Board. However, she prays that in the meantime, the petitioner may be permitted to continue the business using gas oven. 3. I have heard the learned Standing Counsel appearing for the Kollam Corporation as also the learned Standing Counsel appearing for the Pollution Control Board. 4. In view of the undertaking of the petitioner, this writ petition is disposed of with the following directions: The petitioner shall raise the height of the smoke pipe and obtain certificate from the Pollution Control Board as directed in Ext.P6, within a period of one month from today. During that period, the petitioner shall be allowed to continue her bakery business using gas oven. If within the said period of one month the petitioner does not comply with the directions, respondents 3 and 5 shall take appropriate steps to stop the business of the petitioner. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3