IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 5488 of 2008(C) ------------------------- PETITIONER: ------------ ABIDA BEEVI, SAJEETHA MANZIL, NETHAJI NAGAR, PULIYATHU MUKKU, KILIKOLLOOR P.O., KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: ------------- 1. THE SECRETARY, KOLLAM CORPORATION, KOLLAM. 2. KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KRISHNA LEELA TOWERS, KADAPPAKKADA P.O., KOLLAM. BY ADV.SRI.C.UNNIKRISHNAN, SC, KOLLAM CORP. ADV.SMT.K.K.THULASI BAI FOR PCB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 5488 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of February, 2008 JUDGMENT Sri.C.Unnikrishnan takes notice on behalf of the Corporation and Smt.Thulasi Bahi takes notice on behalf of the second respondent. I have heard the submissions of Sri.C.Rajendran, learned counsel for the petitioner and those of Sri.C.Unnikrishnan and Smt.Thulasi Bhai. I am of the view that at this stage itself this writ petition can be disposed of. The Corporation issued Ext.P4 to the petitioner directing the petitioner to instal a bio-gas plant for treating the waste water from the petitioner's flour mill. It is alleged in Ext.P4 that waste from his flour mill is being drained to the public drain situated on the northern side of his premises. To Ext.P4, petitioner has submitted Ext.P5 reply. In Ext.P5, the petitioner claims that the allegation that waste water is being drained to the public drain is absolutely wrong. According to him, waste water from the mill is being drained to concrete wells, which are constructed for that purpose. He has also undertaken in Ext.P5 that he will see to it that not WPC.No.5488/08 2 even a single drop of waste water is drained to the public drain. I am of the view that the Corporation should finalise the proceedings initiated as per Ext.P4 in the light of Ext.P5. Accordingly, I dispose of the writ petition issuing the following directions: The first respondent is directed to conduct an inspection of the petitioner's flour mill with notice to the petitioner and also a representative of the public who submitted the mass petition which is referred to in Ext.P4 for the purpose of ascertaining whether the petitioner's claims in Ext.P5 is correct. Thereafter, the Corporation will hear the petitioner on Ext.P5 and take a final decision as to whether the proceedings initiated as per Ext.P4 should be continued. It is open to the Corporation to hear a representative of the complainants also while hearing the petitioner on Ext.P5. Proceedings initiated as per Ext.P4 shall be completed at the earliest and at any rate within six weeks of receiving a copy of this judgment. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.5488/08 2