IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 OP.No. 26251 of 2000(A) ----------------------------------- PETITIONER: ------------------- THE SOUTHERN REFINERIES LTD., REPRESENTED BY ITS ACCOUNTS MANAGER, KAWADIAR P.O., THIRUVANANTHAPURAM. BY ADV. SMT. N.SUDHADEVI RESPONDENTS: ------------------------- 1. CENTRAL POLLUTION CONTROL BOARD, REPRESENTED BY ITS SECRETARY, PARIVESH BHAWAN, EAST ARJUN NAGAR, DELHI – 110 032. 2. KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 3. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, CHIEF OFFICE, FORT, THIRUVANANTHAPURAM. 4. FERTILISERS AND CHEMICALS TRAVANCORE LTD., REPRESENTED BY ITS MANAGER, UDYOGAMANDAL P.O.,ERNAKULAM. 5. BINANI ZINC INDUSTRIES LTD., REPRESENTED BY ITS MANAGER, BINANIPURAM, EDAYAR, ERNAKULAM. 6. POPULAR VEHICLES AND SERVICES LTD., REPRESENTED BY ITS MANAGING DIRECTOR, ELAMAKKARA,ERNAKULAM. Kss ...2/- ...2..... O.P.NO.26251/2000 A 7. BENZ MOTORS, REPRESENTED BY ITS MANAGER, BENZ TOWERS, EDAPPALLY, COCHIN – 24. 8. SHAKTHI AUTOMOBILES, REPRESENTED BY ITS MANAGER, TEJUS, EDAPPALLY TOLL JUNCTION, ERNAKULAM. 9. INDUS MOTORS PVT.LTD., REPRESENTED BY ITS MANAGING DIRECTOR, INDUS HOUSE, WEST HILL, CALICUT. *ADDL.R10 IS IMPLEADED: R10. THE UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF ENVIRONMENT AND FOREST, NEW DELHI. (*ADDL.R10 IS IMPLEADED AS PER ORDER DTD. 9/02/2001 IN I.A.NO.1708/01) BY ADV. SRI. M.K.CHANDRAMOHAN DAS, SC BY ADV. SRI.N.N.SUGUNAPALAN (SR.) - R2 SRI.NEWIN THOMAS- R6 SRI.E.R.VENKATESWARAN – R8 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NOS.44078/2000& 1709/2001 IN O.P.NO.26251/2000 A DISMISSED 25/07/2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMMUNICATION NO.B.220013/1/90-PCI-I DTD. 12/06/1997 ISSUED BY THE 1ST RESPONDENT. EXT.P2; COPY OF THE CIRCULAR NO.PCB/HWM/4/89 DTD. 20/06/1997 ISSUED BY THE 2ND RESPONDENT. EXT.P3: COPY OF THE RELEVANT EXTRACT OF THE CODE ISSUED BY THE 1ST RESPONDENT FOR THE MANAGEMENT FOR HAZARDOUS WASTE. EXT.P4: COPY OF THE REPRESENTATION DTD. 18/05/2000 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P5: COPY OF THE REPRESENTATION DTD. 23/08/2000 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P6: COPY OF THE REPRESENTATION DTD. 24/08/2000 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P7: COPY OF THE INSTRUCTIONS DTD. 1/12/2000 ISSUED BY THE MINISTRY OF ENVIRONMENT AND FORESTS. EXT.P8: COPY OF THE COMMUNICATION NO.PCB/HWM/4/89 DTD. 24/11/2000 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF THE CODE OF PRACTICE FOR ENVIRONMENTALLY SOUND MANAGEMENT OF HAZARDOUS WASTE, ESPECIALLY FOR ZINC ASH/SKIMMINGS, LEAD-ACID BATTERIES AND WASTE OIL/USED OIL DURING JUNE, 2000, ISSUED BY THIS RESPONDENT. EXT.R1(B): COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO ALL THE STATE POLLUTION CONTROL BOARDS, DTD. 25/01/2000. EXT.R1(C): COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO ALL THE STATE POLLUTION CONTROL BOARDS, DTD. AUGUST 2, 2000. /TRUE COPY/ Kss P.A.TO JUDGE KURIAN JOSEPH, J. ---------------------------------------------- O.P. No.26251 of 2000 ---------------------------------------------- Dated 25th July, 2008. J U D G M E N T The writ petition is filed mainly with the following prayers :- (i) “Issue a writ in the nature of mandamus or any other appropriate writ, direction or order directing the respondents 1 and 2 to ensure that respondents 3 to 9 release waste oil only to persons having authorisation under Form 2 of the Hazardous Waste (Management and Handling) Rules, 1989. (ia) Issue a writ in the nature of mandamus or any other appropriate writ, direction or order directing respondents 1 and 2 to ensure that the respondents 2 to 9 release waste oil to persons/companies eligible to receive and handle waste oil as per Exts.P7 and P8”. In view of the intervening developments, in case the petitioner has still any grievance left, petitioner may approach the respondents 1 and 2, in which case, appropriate action in accordance with law in the matter with notice to the petitioner and affected parties will be taken expeditiously. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- O.P. No.26251 of 2000 ---------------------------------------------- J U D G M E N T Dated 25th July, 2008.