IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 5075 of 2010(H) -------------------------------------- PETITIONER(S): ------------------------ K.V.JOSE, KUDIYIRIPPIL HOUSE, MATTOOR, KALADY, (PRESIDENT, MATTOOR PALLITHAZHAM PADASEKHARA SAMITHI). BY ADV. MR.JOSE J.MATHAIKAL RESPONDENT(S): --------------------------- 1. THE CHIEF EXECUTIVE ENGINEER, LEFT KARA IRRIGATION PROJECT SUBDIVISION NO.2, CHALAKUDY. 2. THE ASSISTANT ENGINEER, LEFT KARA IRRIGATION PROJECT SUBDIVISION NO.2, ANGAMALY. 3. CHRISTY MODERN RICE MILL, MATTOOR, REPRESENTED BY ITS MANAGING PARTNER POULOSE, CHAKKALAKKAL HOUSE, MATTOOR, KALADY. R1 & R2BY SR. GOVERNMENT PLEADER MR. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.5075 OF 2010 --------------------------------------- Dated this the 17th day of February, 2010. J U D G M E N T The petitioner is the President of Mattoor Pallithazham Padasekhara Samithi. According to the petitioner, the cultivation in the above padasekharam is mainly by depending on the water supply from the Spout No.5 of the Chengamanadu branch canal of the Chalakudy Left kara canal. The 3rd respondent is a Modern Rice Mill which is engaged in the manufacture of rice after processing the paddy. 2. According to the petitioner, the functioning of the above Mill causes acute pollution and because of the waste generated by them, the irrigation canal is obstructed. It is also stated that by Exhibit P1 interim order passed by the District Court in C.M.A.No.3/2009, the 3rd respondent is prohibited from discharging waste materials from their premises to the water channel. It is now complained that Spout No.5 is remaining closed preventing the irrigation water reaching the W.P.(C) No.5075/2010 2 padasekharam. 3. The petitioner has moved the 1st respondent in the matter by filing Exhibit P2 representation. It is prayed that a direction may be issued to the 1st respondent to take a decision on Exhibit P2. There will be a direction to the 1st respondent to take a decision on Exhibit P2, after hearing the petitioner and the 3rd respondent within a period of one month. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp