IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 W.P.(C).No.33192 of 2007(S) ---------------------------------------------------------- PETITIONERS:- ---------------------- 1. F.A.C.T. COCHIN DIVISION, MALINEEKARANA VIRUDHA SAMITHI, REP. BY ITS CHAIRMAN P.S.ASHRAF, AGED 54 YEARS, S/O.SULAIMAN, PANATTIL HOUSE, ELOOR EAST, UDYOGAMANDAL. 2. F.A.C.T. COCHIN DIVISION, MALINEEKARANA VIRUDHA SAMITHI, REP. BY ITS CONVENOR, K.RADHAKRISHNA MENON, AGED 49 YEARS, S/O.SADASIVAN PILLA, AKSHARA HOUSE, PUTHENKURISHU P.O., ERNAKULAM. BY ADV. SRI.A.X.VARGHESE & SRI.A.V.JOJO RESPONDENTS:- ------------------------- 1. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF ENVIRONMENT AND FOREST, NEW DELHI. 2. GOVERNMENT OF KERALA, MINISTRY OF ENVIRONMENT, REP. BY ITS SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, ERNAKULAM 4. SECRETARY, KOCHI CORPORATION, KOCHI. 5. SECRETARY, KERALA STATE POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM. W.P.(C).NO.33192 OF 2007-S - 2 - 6. THE FERTILISERS AND CHEMICALS TRAVANCORE LTD., REP. BY ITS CHAIRMAN & MANAGING DIRECTOR, UDYOGAMANDAL. 7. GENERAL MANAGER, THE FERTILISERS AND CHEMICALS TRAVANCORE LTD., KOCHI DIVISION, AMBALAMEDU. R1 BY ASST.SOLICITOR GENERAL OF INDIA SRI.P.PARAMESWARAN NAIR. R2 & R3 BY ADVOCATE GENERAL SRI.C.P.SUDHAKARA PRASAD I/B. GOVERNMENT PLEADER SRI.T.B.HOOD. R5 BY STANDING COUNSEL SMT.K.K.THULASY BHAI. R4 BY STANDING COUNSEL MR.M.K.CHANDRAMOHAN DAS R6 & R7 BY STANDING COUNSEL SRI.A.M.SHAFFIQUE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.DATTU, C.J. & M.C.HARI RANI, J. ------------------------------------------ W.P.(C) No.33192 of 2007-S ------------------------------------------ Dated, this the 21st day of May, 2008 JUDGMENT H.L.Dattu, C.J. Petitioner is an organization constituted solely for the purpose of fighting against the water and air pollution caused due to the dumping of municipal waste in the FACT premises at Ambalamedu. According to the petitioner organization, the said dumping is against the provisions of the Municipal Solid Waste (management and handling) Rules, 2000. 2. Notice of this writ petition was ordered to be served on the respondents. The learned Advocate General appears for the contesting respondents. On instructions, he has filed a memo/report before this Court. The said report is taken on record. In the report it is stated at paragraph 5 that the dumping of waste in the premises of FACT, Cochin Division will continue only till 31.5.2008 and thereafter no dumping will be done in the FACT premises. 3. In view of the undertaking given by the contesting respondents, in our opinion, the reliefs sought for by the petitioners in this writ petition would not survive for our consideration and decision. W.P.(C) No.33192 of 2007 2 4. Therefore, the writ petition is disposed of placing on record the undertaking given by the contesting respondents. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (M.C.HARI RANI) JUDGE vns