IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 WP(C).No. 14593 of 2010(Y) -------------------------- PETITIONER(S): --------------- JOSE.T.L, AGED 69 YEARS, S/O.LAZER.T.O, THEKKEKARA HOUSE, PUTHUSSERY, KANIPPAYOOR VILLAGE, THALAPPILLY TALUK. BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, THRISSUR. 2. THE SECRETARY, CHOWANNUR GRAMA PANCHAYATH, CHOWANNUR, THRISSUR. 3. THE HEALTH SUPERVISOR, COMMUNITY HEALTH CENTRE, PAZHANJI, THRISSUR. 4. MEDICAL OFFICER, PRIMARY HEALTH CENTRE, CHOWANNUR, THRISSUR. 5. M.VIJAYAKUMAR, S/O.OUSEPH, CHERIYATH HOUSE, KANIPPAYAR VILLAGE, DESOM, THALAPPILLY TALUK. R1, R3 & R4 BY G.P. SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 14593 of 2010-Y - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of May, 2010. JUDGMENT The petitioner who is a resident of Kanippayoor Village, is aggrieved by the pollution and health hazards caused by the functioning of an electro plating unit near to his house which is run by the fifth respondent. It is complained that in spite of various representations, respondents 2 to 4 have not taken any appropriate action in the matter. 2. The electro plating unit is functioning adjacent to the property where the petitioner is residing. It is pointed out that due to the fumes and smell of chemicals emitting from the unit, the petitioner and his family are not able to lead a normal life and they are afflicted with various diseases. 3. Ext.P1 is the copy of the representation submitted by various residents of the locality and Ext.P2 is copy of another representation submitted to the third respondent. The 4th respondent was approached by the parties by Ext.P3 representation. 4. According to the petitioner, pursuant to the complaints received, the Panchayat has resolved to stop the functioning of the unit and accordingly a notice was issued to the fifth respondent as per Ext.P4. The wpc 14593/2010 2 petitioner has produced Ext.P5, a copy of the notice issued by the third respondent to the fifth respondent, whereby specific directions have been issued to the fifth respondent to take steps to abate the nuisance caused to the people of the locality, due to the functioning of the unit. 5. It is pointed out that ignoring the mandates, the fifth respondent is running the unit without taking any effective steps in the matter. It is in these circumstances, the petitioner has submitted Ext.P6 representation to the third respondent. Learned counsel for the petitioner submitted that in view of the urgency in the matter, the third respondent may be directed to take a decision on Ext.P6 within a time limit. 6. Therefore, there will be a direction to the third respondent to take a decision on Ext.P6 after conducting a local inspection and after notice to the 5th respondent and the petitioner, within a period of three weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with a copy of the writ petition for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/