IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 OP.No. 12790 of 2002(V) ---------------------------------- PETITIONER(S): ----------------------- K.E. MANI, SON OF VAYARONI, KOORIKKAMUGHAL HOUSE, PUNNOPPADY KARA, MULAVOOR VILLAGE, MUVATTUPUZHA TALUK. BY ADV. MR.WILSON URMESE RESPONDENT(S): ------------------------- 1. PAYIPRA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PEZHAKKAPILLY P.O. 2. DISTRICT MEDICAL OFFICER, ERNAKULAM. 3. CHIEF ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, REGIONAL OFFICE, ERNAKULAM. 4. DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA. 5. MOHAMMESD MEERAN, VELLIRIPPIL HOUSE, PUNNOPADY, PEZHAKKAPILLY (VIA) MUVATTUPUZHA. R1 BY ADVS.MR.K.S.MADHUSOODANAN R3 BY MR.BABU JOSEPH KURUVATHAZHA,SC,POLU.C. MR.M.P.HARIKUMAR MR.K.A.SHAMSUDEEN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.12790/2002 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LETTER NO.4/02 DT. 8.1.02 ISSUED BY THE MEDICAL OFFICER ISSUED TO IST RESPONDENT. P2:- COPY OF THE LETTER NO.A3-4/02 DTD. 16.1.02 ISSUED TO THE PETITIONER BY THE IST RESPONDENT. P3:- COPY OF THE LETTER NO.A3-4/02 DT. 17.1.02 ISSUED BY THE IST RESPONDENT. P4:- COPY OF THE LETTER NO.A2-20/02 DTD. 4.5.02 ISSUED TO THE PETITIONER BY THE SIT RESPONDENT. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE STOP MEMO ISSUED BY THE IST RESPONDENT DT. 2.1.02. R1(b):- COPY OF THE STOP MEMO ISSUED BY THE IST RESPONDENT TO THE 5TH RESPONDENT DT. 17.1.02. TRUE COPY P.S. TO JUDGE TSS THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = O.P.No.12790 of 2002-V = = = = = = = = = = = = = = = = = = = = = = Dated this the 28th day of July, 2009. JUDGMENT This matter is listed today in the defect list. However, going through the materials on record, it is beyond doubt that the issue has become settled. The petitioner seeks directions to stop the activities of the factory. There are no interim orders in this matter filed in 2002. The PCB is also on record stating that the unit will not be permitted to function without a consent to operate. Recording that report, this matter is closed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/040809 THOTTATHIL B. RADHAKRISHNAN,J. = = = = = = = = = = = = = = = = O.P.No.12790 of 2002-V = = = = = = = = = = = = = = = = JUDGMENT Dated: 28th July, 2009.