IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 15827 of 2009(W) --------------------------------------- PETITIONER(S): ---------------------- 1. T. JOSEKUTTY, ANITHOTTAM HOUSE, KANGAZHA, CHANGANACHERRY TALUK, KOTTAYAM. 2. HARIDAS, RANDUMAKKAL HOUSE, KANGAZHA, CHANGANACHERRY TALUK, KOTTAYAM. BY ADV. MR.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENT(S): ------------------------ 1. GEORGEKUTTY P.T., PROPRIETOR, KAVITHA INDUSTRIES, KANGAZHA P.O., RESIDING AT PLAMOOTTIL HOUSE, INDUSTRIAL NAGAR P.O., VEROOR, CHETHIPUZHA, CHANGANACHERRY, KOTTAYAM. 2. ANNAMMA, MANAYATHI HOUSE, KANGAZHA P.O., CHANGANACHERRY TALUK, KOTTAYAM. 3. THE KANGAZHA GRAMA PANCHAYATH, KANGAZHA, KOTTAYAM DISTRICT, REPRESENTED BY ITS SECRETARY, 4. THE GEOLOGIST, DEPARTMENT OF MINING ANG GEOLOGY, COLLECTORATE, KOTTAYAM. 5. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, NAGAMPADOM, KOTTAYAM. 6. THE JOING CHIEF CONTROLLER OF EXPLOSIVES SOUTH CIRCLE, 140, RUKMANILAKSHMIPATHI ROAD, EGMORE, CHENNAI. 7. THE REVENUE DIVISIONAL OFFICER, (EXECUTIVE MAGISTRATE), KOTTAYAM, COLLECTORATE, KOTTAYAM. R4 & R7 BY GOVERNMENT PLEADER MR.P.N. SANTHOSH R5 BY ADV. MR.M.K. CHANDRAMOHAN DAS, SC. PCB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ V.GIRI,J. ------------------------- W.P ( C) No. 15827 of 2009 -------------------------- Dated this the 9th June,2009 J U D G M E N T Petitioners are aggrieved by what they call as irregular quarrying being conducted by the 1st respondent in violation of the conditions of consent issued by the Pollution Control Board, which causes threat to the life and well being of the residents of the locality. Exhibit-P4 is the complaint filed by the petitioners before the RDO. Exhibit-P5 is the complaint which has been filed before the Pollution Control Board. It is appropriate that the Pollution Control Board conducts an enquiry into Exhibit- P5 after notice to the licensee as also the petitioners. If the allegations in Exhibit-P5 are found to be correct, action shall be taken by the Pollution Control Board within six weeks from the date of receipt of a copy of this judgment. Similarly, the RDO shall look into Exhibit-P4 and cause an enquiry to be conducted and if the allegations are found to be correct, action shall be taken W.P ( C) No. 15827 of 2009 2 against 1st respondent after notice to him on the basis of such enquiry report and after giving an opportunity of defending himself within six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 15827 of 2009 3 W.P ( C) No. 15827 of 2009 4