IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 7788 of 2005(B) ------------------------- PETITIONER: --------------- PLACHIMADA KARSHAKA SAMRAKSHNA SAMITHY, REPRESENTED BY ITS SECRETARY, S.VIJAYAKUMAR, AGED 35 YEARS, S/O. SHANMUGHAN, KANNIMAI P.O. CHITTUR TALUK, PALAKKAD DISTRICT, KERALA STATE. BY ADV. SRI.H.SIVARAMAN RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. KERALA STATE POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 3. HINDUSTAN COCO-COLA BEVERAGES (P) LTD., PALAKKAD. BY GOVERNMENT PLEADER SRI. B.VINOD SMT. K.K.RAZIA, STANDING COUNSEL, POLLUTION CONTROL BOARD SRI.RAJAN JOSEPH, ADDL.A.G. FOR R1 SRI.BABU JOSEPH KURUVATHAZHA,SC,P.C.B R2, SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE FOR R3 SRI.E.K.NANDAKUMAR FOR R3 SRI.A.K.JAYASANKAR NAMBIAR FOR R3 MT.PRIYA MAHESH FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.7788 OF 2005 APPENDIX Ext.P1: True copy of the proceedings of the 2nd respondent No.PCB/HO/GWM/SCMC/498/04 dt.14.9.2004. Ext.P2: True copy of the certificate of analysis conducted by Poluchem Laboratories (P) Ltd. Ernakulam dt. 26.10.2004. Ext.P3: True copy of the Memorandum dated 8.10.2004 before the 1st respondent. Ext.P4: True copy of the communication dt.25.10.2004 from the District Collector, Palakkad to the President/Secretary. RESPONDENTS'S EXHIBITS: Ext.R3(a): Copy of report submitted by the Director Kerala State Ground Water Board bearing NO.TN/767/2002/DGW dt. 30.11.02 to the Chairman of Kerala State Pollution Control Board. Ext.R3(b): Copy of report dated 24th September 2003 prepared by the Central Ground Water Board. Ext.R3(c): Copy of report filed by the Member Secretary of the Kerala State Pollution Control Board W.A.No.2125/03 on the file of this Honorable Court. Ext.R3(d): Copy of report filed on 11.2.05 by the Expert Committee namely Centre for Water Resources Development & Management, Kunnamangalam, Kozhikode headed by Dr.E.J.James. Ext.R3(e): Copy of the judgment dated 7.4.2005 in W.A.No.2125/03. Ext.R3(f): Copy of letter dated 13.4.05 sent by the 3rd respondent addressed to the Environmental Engineer of KSPCB. C.T. RAVIKUMAR, J. --------------------------------------------- W.P.(C) NO.7788 OF 2005 --------------------------------------------- Dated this the 20th day of August, 2009 JUDGMENT The petitioner is an association of farmers registered under the T.C Act 12/55 with registration No.48/2004. The petition has been filed with the following prayers:- (i) to issue a writ or other order in the nature of prohibition, prohibiting the 3rd respondent from re- opening the factory before a decision is taken on Ext.P3 representation; (ii) to issue a writ or other order to the 1st and 2nd respondent not to allow the 3rd respondent company to re-open the factory otherwise than on solving the problem highlighted in Ext.P3; Ext.P3 is a representation dated 8.10.04 submitted by the Samithy before the Hon’ble Chief Minister of Kerala. Obviously, this court cannot issue a writ or any order directing the second respondent to consider Ext.P3 representation which was filed before the Hon’ble Chief Minister. However, it is seen that on receipt of Ext.P3, Ext.P4 communication has been issued to the petitioner. It is stated therein that the grievances ventilated by the petitioner are under consideration of the Government. Therefore, in view of Ext.P4, this court need not consider the grievance of the petitioner at this point of time since the W.P.(C) NO.7788 of 2005 2 matter is already under consideration of the Government as is evident from Ext.P4. However, it is made clear that it will open to the petitioner to approach the appropriate authority in case any grievance persists pursuant to the decision, if taken on Ext.P3 representation. The writ petition is disposed, accordingly. (C.T. RAVIKUMAR) JUDGE spc