IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 38068 of 2007(S) -------------------------------------- PETITIONER: ------------------- MALAMPUZHA DAM PROTECTION COUNCIL (REG.NO.793/99), XIV/304, THORAPALAYAM,PALAKKAD-1, REPRESENTED BY ITS SECRETARY, DR.P.S.PANIKKAR, S/O. N.S.P.NAIR, AGED 61 YEARS, RESIDING AT POURNAMI, THORAPALAYAM, PALAKKAD. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. PUDUSSERY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY. 3. KERALA STATE POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN. 4. KERALA SPONGE IRON LIMITED, 12/1324(19),2ND FLOOR, ASR PLAZA,PRIYADARSINI ROAD PALAKKAD-678 001, REPRESENTED BY ITS MANAGING DIRECTOR. R1 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R3 BY STANDING COUNSEL SRI.M.K.CHANDRAMOHAN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.P.(C) No.38068 of 2007 ------------------------------------------ Dated, this the 1st day of April, 2009 JUDGMENT S.R.Bannurmath, C.J. This is a public interest litigation alleging pollution of the Malampuzha Reservoir by the 4th respondent. It is to be noted that the 4th respondent has set up the plant after obtaining the necessary permission from the Kerala State Pollution Control Board and complying with their directions, in the year 2007. Based on the report Ext.P10, consent to operate the plant as per Ext.P11 has been given in the year 2007 by the Pollution Control Board. Inspite of this, it is the grievance of the petitioner that after setting up of the plant, now there is danger of pollution every day to the Reservoir by sewage, etc. Since the plant is operating for the last two years and there is no complaint from the Pollution Control Board yet, we deem it proper to direct the petitioner to approach the Pollution Control Board pointing out the alleged pollution by the 4th respondent and if such a prayer is made, the Pollution Control Board is directed to W.P.(C) No.38068 of 2007 - 2 - consider the same and take appropriate action in accordance with law expeditiously. Writ petition is disposed of as above. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns