IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 27TH NOVEMBER 2006 / 6TH AGRAHAYANA 1928 WP(C).No. 30006 of 2006(V) -------------------------- PETITIONER: ------------ PEETHAMBARAN, S/O. KOCHUKUTTAN, THANDASSERY HOUSE, VARAKKARA, ALAGAPPA NAGAR, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SRI.P.SANTHOSH (PODUVAL) RESPONDENTS: ------------- 1. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, THRISSUR. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, THRISSUR. 4. THE ADDITIONAL INSPECTOR OF FACTORIES, IRINJALAKUDA. 5. THE DIVISIONAL FOREST OFFICER, CHALAKUDY. 6. ALAGAPPA NAGAR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, ALAGAPPA NAGAR, THRISSUR DISTRICT. 7. M.O. ANTONY, MANJALI HOUSE, VARAKKARA P.O., ALAGAPPA NAGAR, THRISSUR. 8. THE SUPERINTENDENT OF POLICE, THRISSUR DISTRICT. 9. THE SECRETARY TO GOVERNMENT, PRIME MINISTER'S PUBLIC GRIEVANCE REDRESSAL CELL, SECRETARIAT, THIRUVANANTHAPURAM. BY G.P. SRI.BENJAMIN PAUL SRI.M.K.CHANDRAMOHAN DAS, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/11/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 NOTICE DT 27.7.06. P2 JUDGMENT DT 29.8.06. P3 JUDGMENT DT 14.6.00 P4 JUDGMENT DT 11.1.06. P5 COMPLAINT DT 7.4.06. P6 REMINDER DT 26.5.06. P7 REPORT BY R1 DT 11.8.06. P8 COMPLAINT DT 22.8.06 BEFORE R1. P9 NOTICE DT 27.5.06 BY R6. P10 REPRESENTAION DT 28.8.06 BEFORE R6. P11 ORDER DT 30.6.03. P12 ORDER DT 20.10.04. P13 LETTER DT 26.5.06. P14 LETTER DT 20.2.99 OF R3 TO R7. P15 PROCEEDINGS OF THE JFCM, IRINJALAKUDA. P16 STATEMENT DT 7.5.02. P17 REPRESENTAION BEFORE R2 DT 22.9.06. P18 RECEIPT DT 22.9.06. P19 REPRESENTATION DT 29.8.06. RESPONDENT'S EXHIBIT: R1(A) LETTER DT 16.11.06. TRUE COPY P.A. TO JUDGE C.N. RAMACHANDRAN NAIR, J. ```````````````````````````````````````````````````` W.P. (C) No. 30006 OF 2006 V ```````````````````````````````````````````````````` Dated this the 27th day of November, 2006 J U D G M E N T Heard counsel for petitioner, standing counsel for 1st respondent and counsel appearing for 7th respondent. 2. Prayer in the writ petition is substantially allowed by virtue of Ext.R1(a) issued by Pollution Control Board by which the 7th respondent can continue operation after 15th of December only after complying with the instructions issued by the Pollution Control Board. In view of Ext.R1(a), writ petition is closed without prejudice to the petitioner's right to approach the 1st respondent for appropriate action against the 7th respondent for violations. Eventhough counsel for the 7th respondent has relied on Ext.P4 judgment, I do not find any prohibition is introduced by this court against Pollution Control Board taking appropriate action to prevent pollution. Moreover, I find restrictions imposed under Ext.R1(a) are quite reasonable and, therefore, Pollution Control Board is bound to enforce the same by taking appropriate action against the 7th respondent for violation. However, since the time granted is short 7th respondent is granted time till 31.12.06 to comply with the directions contained in Ext.R1(a). (C.N. RAMACHANDRAN NAIR, JUDGE) aks