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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:-
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 28TH DAY OF JUNE 2016/7TH ASHADHA, 1938
WP(C).No.6907 of 2006 (V)
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PETITIONER(S):-
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SUGATHA KUMARI, KANJIRAMNINNA VEEDU,
RAVI BHAVAN, CHOWARA P.O., THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.M.SREEKUMAR.
RESPONDENT(S):
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1. KOTTUKAL GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, KOTTUKAL P.O.,
THIRUVANANTHAPURAM DISTRICT.
2. THE KERALA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS SECRETARY,
PLAMOODU, PATTOM P.O., THIRUVANANTHAPURAM.
3. THE ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,
T.C.NO.9/1858,, KOCHAR ROAD, SASTHAMANGALAM,
THIRUVANANTHAPURAM.
4. THE SUB INSPECTOR OF POLICE,
VIZHINJAM, THIRUVANANTHAPURAM.
5. K.SUDHAKARAN, CHARUVILA PUTHEN VEEDU,
UCHAKADA, PAYATTUVILA P.O., KOTTUKAL, NEYYATTINKARA TALUK.
6. THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM.
R2 & R3 BY STANDING COUNSEL SRI.JAMES KURIAN
R4 & R6 BY SR. GOVERNMENT PLEADER SRI.MANOJ P.KUNJACHAN.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-
W.P.(C) No.6907 of 2006-V
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P1 TRUE COPY OF THE REPORT FILED BY THE VILLAGE OFFICER,
KOTTUKAL BEFORE THE REVENUE DIVISIONAL OFFICER
DATED 5.8.2002.
EXT.P2 TRUE COPY OF THE LETTER DATED 30.5.2003 SUBMITTED
BEFORE THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM
THROUGH THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY.
EXT.P3 TRUE COPY OF THE LETTER NO.PCB/TVM-DO/COMP-1378/2002
DATED 2.11.2002.
EXT.P4 TRUE COPY OF THE JUDGMENT IN OP.NO.9106/03 DATED 4.3.2004
OF THIS HON'BLE COURT.
EXT.P5 TRUE COPY OF THE NOTICE FILE NO.PCB/TVM/AIR/169/04
DATED 28.04.2004 ISSUED TO THE 5TH RESPONDENT.
EXT.P6 TRUE COPY OF THE LETTER NO.B1/315/03 DT.12.7.2004 TO THE
5TH RESPONDENT.
EXT.P7 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.14715/04
DATED 6.1.2005 OF THIS HON'BLE COURT.
EXT.P8 TRUE COPY OF THE DISCHARGE CARD FROM THE TALUK
HOSPITAL, NEYYATTINKARA DATED 26.10.1999.
EXT.P9 TRUE COPY OF THE REFERRAL OP CARD NO.030284 DATED
12.3.1997 OF THE MEDICAL COLLEGE, TRIVANDRUM.
EXT.P10 TRUE COPY OF THE MEDICAL PRESCRIPTION DATED 9.11.2000
FROM DT.K.MURALEEDHARAN NAIR.
EXT.P11 TRUE COPY OF THE MEDICAL PRESCRIPTION DATED 25.7.2002
FROM DR.K.MURALEEDHARAN NAIR.
W.P.(C)No.6907 of 2006-V - 2 -
EXT.P12 REFERRAL O.P.CARD NO.62773 DATED 24.4.03 FROM THE
MEDICAL COLLEGE, TVM.
EXT.P13 TRUE COPY OF THE O.P.CARD NO.66721 DATED 2.5.2003 FROM
THE MEDICAL COLLEGE, TRIVANDRUM.
EXT.P14 TRUE COPY OF THE O.P.CARD NO.66722 DATED 2.5.2003 FROM
THE MEDICAL COLLEGE, TRIVANDRUM.
EXT.P15 TRUE COPY OF THE TREATMENT CERTIFICATE NO.TC/2003
DATED 9.4.03 FROM THE REGIONAL CANCER CENTRE.
EXT.P16 TRUE COPY OF THE JUDGMENT IN O.S.NO.744/02 DATED
27.8.2003 OF ADDITIONAL MUNSIFFS COURT-III, NEYYATTINKARA.
EXT.P17 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.23431/05 OF THIS
HON'BLE COURT DATED 23.8.2005.
EXT.P18 TRUE COPY OF THE LETTER (ORDER) DATED 18.10.2005
NO.B1/315/03 ISSUED BY THE 1ST RESPONDENT.
RESPONDENT'S EXHIBITS:-
------------------------ NIL.
Vku/- [ true copy ]
K. Vinod Chandran, J
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W.P.(C) No.6907 of 2006-V
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Dated this the 28th day of June, 2016
JUDGMENT
Without going into the details on the facts, the petitioner was aggrieved with a mill carried on by the 5th respondent in the adjacent property. Both the petitioner and the 5th respondent had been before this Court time and again, raising rival contentions to continue the operation of the mill and to stop the same. The 5th respondent was found to have no consent from the Kerala State Pollution Control Board [for brevity "the Board"] and, hence, was directed to seek a consent from the Board, which was refused by the Board. An appeal was filed against the same, which is said to be taken as File No.2703/05 before the Appellate Authority. The writ petition was filed specifically contending that the appeal is not being taken up for consideration and in such circumstance, the Panchayat is unable to close down the mill. The prayer is also to place Appeal No.3/2005 filed by the 5th respondent before the Appellate Authority constituted under Section 31 of the Air (Prevention & Control of Pullution) Act, 1981 expeditiously. WP(C) No.6907 of 2006 - 2 -
2. It is not clear as to whether the aforesaid appeal is still pending before the Appellate Authority and if it is so pending, definitely the petitioner could move the Appellate Authority for an expeditious disposal; in which event, the contentions of either parties are left open to be agitated before the said authority. If the appeal is already disposed of, the remedy of each party to challenge the said order is also left open. As of now, the writ petition has become infructuous and the same is dismissed. No costs.
Sd/-
K.Vinod Chandran Judge.
vku/-
[ true copy ]