IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR THURSDAY, THE 26TH DAY OF MAY 2011/5TH JYAISHTA 1933 OP.No.1409 of 2003 (P) ----------------------- PETITIONER(S): ------------- KOKKAYAR POURA SAMITHY, REG.NO.1-393/97 KOKKAYAR, IDUKKI, REP.BY ITS SECRETARY SRI.P.LUKE VARGHESE, S/O P.V.LUKOSE, AGED 44 YEARS, POOTHARA HOUSE, PULIKKATHADAM KUTHIPLANGAD P.O, KOKKAYAR, IDUKKI BY ADV. SRI.A.X.VARGHESE RESPONDENT(S): -------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF ENVIRONMENT AND FOREST NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS SECRETARIAT, THIRUVANANTHAPURAM 3. SECRETARY, MINISTRY OF HEALTH, SECRETARIAT, TRIVANDRUM. 4. DISTRICT COLLECTOR, IDUKKI 5. DISTRICT MEDICAL OFFICER, IDUKKI 6. CHAIRMAN, POLLUTION CONTROL BOARD, TRIVANDRUM. 7. KOKKAYAR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KOKKAYAR, IDUKKI 8. MANAGING DIRECTOR, M/S. IDUKKI RUBBERS, PULIKATHADOM, KUTTIPLANGAD P.O, KOKKAYAR. ASSISTANT SOLICITOR GENERAL SRI.P.PARAMESWARAN NAIR-R1 BY ADV. SRI.M.K.CHANDRAMOHANDAS,SC,POLU.C.B. BY ADV. SRI.T.M.ABDUL LATHEEF-R8 GOVERNMENT PLEADER SRI.K.RAMESH BABU-R2 TO 5 BY ADV. SRI.K.JAJU BABU THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 26-05- 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.1409/03 APPENDIX PETITIONER'S EXHIBITS: P1:PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 6TH RESPONDENT. P2:PHOTOCOPY OF THE JUDGMENT DATED 18.11.2000 IN O.P.NO.1758/98 OF THE HON'BLE HIGH COURT OF KERALA. P3:PHOTOCOPY OF THE SHOW CAUSE NOTICE DATED 11.9.2001 ISSUED BY THE 7TH RESPONDENT TO THE 8TH RESPONDENT. P4:PHOTOCOPY OF THE ORDER DATED 15.1.2002 IN C.M.P.44778/2001 IN O.P.27475/2001 OF THE HON'BLE HIGH COURT OF KERALA. P5:PHOTOCOPY OF THE COMPLAINT DATED 20.4.2002 GIVEN TO THE PANCHAYATH COMMITTEE BY THE PETITIONER. P6:PHOTOCOPY OF THE DECISION PASSED UNDER THE 7TH RESPONDENT DATED 22.4.2002. P7:PHOTOCOPY OF THE REPRESENTATION DATED 29.5.2002. P8:PHOTOCOPY OF THE PETITION DATED 2.7.2002 FILED BEFORE THE 5TH RESPONDENT. P9:PHOTOCOPY OF THE LETTER OF DECISION ADDRESSED BY THE 5TH RESPONDENT TO THE 8TH RESPONDENT DATED 15.7.2002. P10:TRUE COPY OF THE ORDER DATED 6.6.2002 OF THE 5TH RESPONDENT. P11:PHOTOCOPY OF THE DECISION PASSED UNDER THE 7TH RESPONDENT DATED 20.7.2002. P12:PHOTOCOPY OF THE LICENCE GRANTED TO THE 8TH RESPONDENT BY 7TH RESPONDENT DATED 12.8.2002. P13:TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE 5TH RESPONDENT DATED 25.6.2001. P14:PHOTOCOPY OF THE COMPLAINT GIVEN BY THE PETITIONER DATED 22.3.2002. P15:PHOTOCOPY OF THE REPORT OF THE PANCHAYATH DATED 23.3.2002. P16:PHOTOCOPY OF THE MINUTES OF THE MEETING DATED 25.11.2002. RESPONDENTS' EXHIBITS: R8(A):TRUE COPY OF THE CONSENT NO.WW/06/009/97 DATED 11.7.1997 ISSUED BY THE 6TH RESPONDENT. //TRUE COPY// P.A.TO JUDGE C.T. RAVIKUMAR, J. -------------------------------------------- O.P. NO.1409 OF 2003 -------------------------------------------- Dated this the 26th day of May, 2011 JUDGMENT This original petition is closed without prejudice to the rights of the petitioner to move this Court afresh in case any grievance persists in the matter of pollution emanating on account of the functioning of the industrial unit conducted by the 8th respondent. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO. 2 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO. 3