IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 WP(C).No. 19954 of 2010(Q) -------------------------- M.P.NO.176/2010 OF SUB DIVISIONAL MAGISTRATE, THRISSUR PETITIONER(S): OMANA P.K., AGED 57 YEARS, W/O.PADMANABHAN, CHULLIPARAMBIL HOUSE, ERAVU P.O., THRISSUR DISTRICT, MANAGING PARTNER, M/S.VOLTA TECHNOLOGIES, KILLANNUR TALUK, THRISSUR DISTRICT, REPRESENTED BY ITS MANAGING PARTNER. BY ADV. SRI.C.D.DILEEP RESPONDENT(S): 1. SRI.BABU, S/O.PANANCHERRY VAREED, KILLANNUR VILLAGE, THRISSUR DISTRICT. 2. R.D.O. (SUB DIVISIONAL MAGISTRATE) COLLECTORATE, AYYANTHOLE, THRISSUR DISTRICT, PIN 680 003. 3. DISTRICT COLLECTOR, THRISSUR COLLECTORATE, AYYANTHOLE, THRISSUR, PIN-680003. 4. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.19954 of 2010 = = = = = = = = = = = = = = Dated this the 25 th day of June, 2010 JUDGMENT Petitioner, who is the Managing Partner of an industry by name Volta Technologies located at Killannur village in Thrissur, challenges Ext.P8 conditional order under Section 133 Cr.P.C and Ext.P9 injunction order under Section 142 Cr.P.C passed by the Sub Divisional Magistrate, Thrissur (2nd respondent herein) as per which the petitioner is restrained from operating her industry which is alleged to be causing a public nuisance in the form of air pollution. 2. Eventhough the petitioner would contend that she has not been served with Ext.P8 conditional order and Ext.P9 injunction order, from the very fact that the petitioner has produced those orders it would indicate that the petitioner is aware of those two orders. If so, the petitioner has to enter appearance before the Sub W.P.(c)No.19954 of 2010 2 Divisional Magistrate and file her objections, if any, to the conditional order and also to the injunction order. If the petitioner wants an expert's report on the working of the industry to satisfy the Executive Magistrate that the working of her industry does not pose any pollution problems, she can file an application under Section 139 Cr.P.C before the Magistrate seeking the services of an expert. Ext.P9 order of injunction will be lifted only on production of a report from an expert to the effect that the industry does not pose any problem of pollution. This Writ Petition is disposed of reserving the above right of the petitioner. Dated this the 25th day of June, 2010. V. RAMKUMAR, JUDGE sj