IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 29761 of 2005(R) -------------------------------------- PETITIONERS: -------------------- 1. MARY PAUL, W/O.D.GEORGE MOHANDAS, MORNING VIEW, A.R. NAIR COLONY, KUNNATHUMEDU, PALAKKAD DISTRICT. 2. C.J. RACHEL, W/O. LATE ISAAC, "SWAPNA", A.R.NAIR COLONY, KUNNATHUMEDU, PALAKKAD DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS: ----------------------- 1. THE SENIOR DIVISIONAL MANAGER, M/S. INDIAN OIL CORPORATION LTD., KOCHI. 2. THE ADDITIONAL DISTRICT MAGISTRATE, PALAKKAD. 3. THE SUPERINTENDENT OF POLICE, PALAKKAD. 4. THE DISTRICT MEDICAL OFFICER, PALAKKAD. 5. THE SECRETARY, PALAKKAD MUNICIPALITY, PALAKKAD. 6. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.V.CHITAMBARESH FOR R5 SRI.T.C.SURESH MENON FOR R5 SRI.A.M.SHAFFIQUE (SR.) FOR R1 SRI.E.K.NANDAKUMAR FOR R1 SRI.A.K.JAYASANKAR NAMBIAR FOR R1 GOVERNMENT PLEADER FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.29761/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE MEMORANDUM DT. 14.3.05 SUBMITTED BEFORE THE ADDITIONAL DISTRICT MAGISTRATE, PALAKKAD, DMO ETC. BY THE PETITIONERS. P2:- COPY OF THE FORM OF THE CONSENT LETTER GIVEN BY THE IST RESPONDENT. P3:- COPY OF THE REPRESENTATION SUBMITTED TO THE AUTHORITIES ON 22.7.05 , BY THE RESIDENTS OF THE AR NAIR COLONY TO THE AUTHORITIES. P4:- COPY OF THE INDIVIDUAL REPRESENTATION SUBMITTED BY THE IST PETITIONER'S HUSBAND SHRI. D.GEORGE MOHANDAS TO THE AUTHORITIES. P5:- COPY OF THE REPRESENTATION SUBMTITED BY THE 2ND PETITIONER TO THE CONCERNED AUTHORITIES. P6:- COPY OF THE NOTICE DT. 6.7.05 ISSUED BY THE 2ND RESPONDENT TO THE RESIDENTS OF AR NAIR COLONY. P7:- COPY OF THE ORDER OF THE 2ND RESPONDENT DT. 28.9.05. P8:- COPY OF THE PLAN SUBMITTED BY THE IST RESPONDENT BEFORE THE AUTHORITIES. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE NO. OBJECTION CERTIFICATE DT. 28.9.05 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, PALAKKAD. R1(b):- COPY OF THE LICENSE ISSUED BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES DT. 30.9.05. R1(c):- COPY OF THE CONSENT TO ESTABLISH DT. 22.8.05 ISSUED BY THE ENVIRONMENTAL ENGINEER OF THE KERALA STATE POLLUTION CONTROL BOARD. R1(d):- COPY OF THE CONSENT TO OPERATE DT. 6.12.06 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD. R1(e):- COPY OF THE OCCUPANCY CERTIFICATE DT. 6.6.06 ISSUED BY THE MUNICIPALITY OF THE PALAKKAD. R1(f):- COPY OF THE NO.OBJECTION CERTIFICATE DT. 12.5.06 ISSUED BY THE FIRE AND SAFETY DEPARTMENT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.29761 OF 2005 --------------------------------------- Dated this the 15th day of October, 2008. J U D G M E N T Essentially the petitioners are aggrieved by the alleged pollution by the functioning of petroleum outlet. Learned counsel for the respondents submits that the petroleum outlet is functioning only with the consent obtained from the Pollution Control Board. 2. Therefore, this writ petition is disposed of making it clear that in case the petitioners have still any grievance with regard to the alleged pollution, it will be open to them to approach the Pollution Control Board authority in the District, in which case, appropriate prompt action to abate the pollution will be taken, with notice also to the affected parties. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 29761 OF 2005 J U D G M E N T 15.10.2008