IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 3510 of 2007(P) ------------------------- PETITIONER: ------------ ENGLISH INDIAN CLAYS LTD., REPRESENTED BY ITS SENIOR MANAGER, VARKIACHAN PETTAH, VELI, THIRUVANANTHAPURAM. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM (RURAL), THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, KAZHAKKOTTAM, THIRUVANANTHAPURAM. 3. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, PETTAH, THIRUVANANTHAPURAM. 4. THE DIRECTOR, DEPARTMENT OF MINING AND GEOLOGY, THIRUVANANTHAPURAM. 5. ADV. C.MOHANACHANDRAN, CHAIRMAN, JANASABDAM ACTION COUNCIL, VEILOOR, SASTHAVATTOM P.O., THIRUVANANTHAPURAM. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R4 ADV. SRI.D.PEETHAMBARAN & SRI.PRASAD GANDHI FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.3510/07 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE NOTICE GIVEN BY THE 5TH RESPONDENT TO THE PETITIONER DATED 30.1.2007. EXT.P2: TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 30.1.2007. EXT.P3: TRUE COPY OF THE COMPLAINT FILED BEFORE THE 2ND RESPONDENT DATED 30.1.07. RESPONDENTS' EXTS: EXT.R5-1: TRUE COPY OF CONSOLIDATED REPORT OF ENQUIRY SUBMITTED BY DR.V.SOBHA TO THE HUMAN RIGHTS COMMISSION DATED 30.6.05. EXT.R5-2: TRUE COPY OF INDIVIDUAL REPORT SUBMITTED BY THE MEMBER OF ENQUIRY COMMISSION DR.V.R.PRAKASAM TO THE HUMAN RIGHTS COMMISSION DATED 16.5.05. EXT.R5-3: TRUE COPY OF INDIVIDUAL REPORT SUBMITTED BY THE MEMBER OF ENQUIRY COMMISSION DR.ROY CHACKO TO THE HUMAN RIGHTS COMMISSION. EXT.R5-4: TRUE COPY OF ORDER DATED 1.2.2007 ISSUED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, THIRUVANANTHAPURAM TO M/S STANDARD CLAY (PULVERISING UNIT), SASTHAVATTOM P.O., THIRUVANANTHAPURAM-5. EXT.R5-5: TRUE COPY OF COMPLAINT NO.455/07 FILED BY SRI MURALEEDHARAN NAIR BEFORE THE KERALA LOK AYUKTHA AGAINST STATE OF KERALA AND 23 OTHERS. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.3510 OF 2007 ----------------------------------------------------- DATED THIS THE 7th DAY OF JULY, 2008 J U D G M E N T Balakrishnan Nair, J. This Court after hearing both sides passed an interim order on 17.8.2007. In view of the said interim order, no further orders are required in this Writ Petition. It is clarified that the above interim order will govern only the functioning of the factory and not to the mining of clay. If anybody obstructs mining of clay, the petitioner can approach the civil court, in the light of the decision of this Court in Thilakan v. C.I.of Police (2008(1) KLT 141). K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn