IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WA.No. 2199 of 2006(E) ---------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.17176/2006 Dated 10/11/2006 .................... APPELLANT(S): RESPONDENT NO.6 AND ADDL.RESPONDENT NO.7 ------------------------------------------------------ 1. THE ACTION COUNCIL, REP. BY ITS CONVENOR RAJU VETTATH, S/O.V.M.CHERIAN, AGED 53 YEARS, VETTATH HOUSE, THAMPALAKKAD P.O., KANJIRAPPALLY. 2. K.J.ALPHONSE, M.L.A., KANNANTHANAM HOUSE, MANIMALA, KANJIRAPPALLY. BY ADV. SRI.ALPHONS K.J. RESPONDENT(S): PETITIONER/RESPONDENTS 1 TO 5 AND ADDL.RESPONDENT ---------------------------------------------------------------- 1. M/S.MARDEC R.K.LATEX PAIKA PRIVATE LIMITED, THAMPALAKKAD P.O., KANJIRAPPALLY, KOTTAYAM-686 526, REP. BY ITS GENERAL MANAGER MR.K.JITENDRAN. 2. THE KANJIRAPPALLY GRAMA PANCHAYATH, KANJIRAPPALLY, REP. BY ITS SECRETARY. 3. THE KERALA STATE POLLUTION CONTROL BOARD, PATTOM P.O., TRIVANDRUM, REP. BY ITS MEMBER SECRETARY. 4. THE CHAIRMAN, KERALA STATE POLLUTION CONTROL BOARD, PATTOM P.O., TRIVANDRUM. 5. THE INSPECTOR OF FACTORIES AND BOILERS, GRADE-I, KOTTAYAM. 6. THE CONTROLLER OF EXPLOSIVES C2, 3RD FLOOR, KENDRIYA BHAVAN, OPP.CSEZ, KAKKANAD, COCHIN-682 037. 7. SUB INSPECTOR OF POLICE, KANJIRAPPALLY. 2 8. SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, TRIVANDRUM. 9. SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF KERALA, TRIVANDRUM. R1 BY ADV. SRI. JOSEPH KODIANTHARA R3 AND R4 BY SC SRI. M.K. CHANDRA MOHAN DAS R5 TO R9 BY G.P. SRI. P.K. BABU ADV. SRI.THOMASMATHEW NELLIMOOTTIL,SR.PANEL THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- W.A. No. 2199 OF 2006 -------------------------------------------- Dated this the 13th day of October, 2009 JUDGMENT Ramachandran Nair, J. Writ Appeal is filed by an voluntary organisation complaining allegation of pollution by the respondent which runs a rubber based industry. Even though the Panchayath initially issued licence, the same was later suspended alleging pollution. The respondent undertook remedial measures to the satisfaction of the Pollution Control Board, health authorities, etc. However, still the Panchayath declined to grant permission to restart the industry against which the respondent approached this Court. The learned single Judge found from the reports of the Pollution Control Board, the advocate commissioner and from the certificate issued by the Health Officer pursuant to test run of the industry that there is no pollution caused by the industry and based on the same WPC was allowed directing the Panchayath to grant the licence. It is pertinent to note that the Panchayath has not filed any Writ Appeal challenging the said judgment which means that findings 2 in the judgment are accepted by the Panchayath. Further, the appellant has come up before this Court stating that there is likelihood of danger to the people living around on account of possible leak of Ammonia. When the Writ Appeal was admitted, this Court issued a detailed order on 8.12.2006 noticing that industry was restarted and was functioning from 21.11.2006 onwards. Appellant or anybody has not so far pointed out any untoward incident in the factory. In the circumstances, we are of the view that the apprehension of the appellant is out of place. In any case, we confirm the direction of the learned single Judge to the respondent to ensure that factory is run after taking precautionary measures against leakage of chemicals, including Ammonia to ensure safety of the employees and the public. W.A. is closed with the above direction. (C.N.RAMACHANDRAN NAIR) Judge. (V.K. MOHANAN) Judge. kk 3