IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 966 of 2005(M) ------------------------------------ PETITIONER: ------------------- A.M. SHANMUGHAN, SECRETARY, PEOPLE FORUM FOR PREVENTION OF MC DOWELL POLLUTION, VARANAD, CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.N.RADHAKRISHNAN, ADV. SRI.B.V.BALAKRISHNAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ALAPPUZHA. 3. THE SECRETARY, KERALA STATE POLLUTION CONTROL BOARD, PLAMOOD JUNCTION, PATTAM PALACE P.O., THIRUVANANTHAPURAM. 4. ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, ALAPPUZHA. 5. DISTRICT MEDICAL OFFICER (HEALTH) ALAPPUZHA. 6. THANEERMUKKOM GRAMAPANCHAYATH, THANNEERMUKKOM P.O., CHERTHALA, REPRESENTED BY SECRETARY. 7. MC DOWELL AND COMPANY LIMITED, VARANAD, CHERTHALA, ALAPPUZHA DISTRICT, REPRESENTED BY ITS PRESIDENT. GOVERNMENT PLEADER SRI. MOHAMMED ANZAR FOR R1,R2 & R5, ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,POLU.C.BOARD FOR R3 & R4, ADV. SRI.G.GOPAKUMAR,SC, ADV. SRI.C.RAGHAVAN FOR R6, ADV. SRI.RAJU K.MATHEWS FOR R7. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.966/2005-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CONSENT ISSUED BY THE R.3. EXT.P.2: COPY OF THE MINUTES ON 09/11/2001. EXT.P.3: COPY OF THE REPORT PUBLISHED IN RASHTRA DEEPIKA DAILY ON 08/08/2003. EXT.P.4: COPY OF THE REPORT PUBLISHED IN MATHRUBHOOMI DAILY ON 08/02/2004. EXT.P.5: COPY OF THE REPORT PUBLISHED IN KERALA KAUMUDHI DAILY O 06/02/2004. EXT.P.6: COPY OF THE REPORT PUBLISHED IN MANGALAM DAILY ON 08/02/2004. EXT.P.7: COPY OF THE REPORT PUBLISHED IN MATHRUBHOOMI DAILY ON 11/04/2004. EXT.P.8: COPY OF THE REPRESENTATION TO THE CHIEF MINISTER OF KERALA ON 03/05/2004. EXT.P.9: COPY OF THE REPRESENTATION TO THE DISTRICT COLLECTOR, ALAPPUZHA DT. 11/05/02. EXT.P.10: COPY OF THE REPRESENTATION DTD. 05/01/2005. EXT.P.11: COPY OF THE LETTER NO. PCB/LC/ALPA/201/2000 DTD. 22/01/2005. RESPONDENTS' EXHIBITS & ANNEXURES: EXT.R7.A: COPY OF THE INTERIM ORDER DTD. 17/02/2004 IN W.P.(C).NO.5648/2004 PASSED BY THE DIVISION BENCH OF THIS HONOURABLE COURT. EXR.R7.B: COPY OF THE MINUTES OF THE MEETING HELD IN THE CHAMBER OF THE MINISTER ON 31/03/2004. EXT.R7.C: COPY OF THE SAID ORDER DTD. 30/04/2004 IN W.P.(C).NO.13627/2004 OF THIS HONOURABLE COURT. EXT.R7.D: COPY OF THE MINUTES OF THE MEETING HELD UNDER THE AUSPICES OF THE DISTRICT COLLECTOR, ALAPPUZHA DTD. 25/05/2004. EXT.R7.E: COPY OF THE SAID REPORT PUBLISHED IN MALAYALA MANORAMA DTD. 29/01/2005. ANNEXURE A3 (A): COPY OF THE REPORT DTD. 04/02/04. ANNEXURE A3 (B): COPY OF THE DIRECTION DTD. 19/01/05. ANNEXURE A3 (C): COPY OF THE MINTS. OF THE MEETINGS DTD. 24/01/05. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.966 of 2005 ---------------------------------------------- Dated 29th October, 2008. J U D G M E N T Petitioner approached this court with certain grievances regarding the alleged pollution caused by the 7th respondent. It is brought to the notice of this court that the functioning of the company is strictly in accordance with the conditions stipulated in the consent given by the Pollution Control Board to the company. Therefore, in case the petitioner has still any grievance left, he may either approach the Pollution Control Board or work out the remedy before the civil court. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No. 966 of 2005 ---------------------------------------------- J U D G M E N T Dated 29th October, 2008.