Plachimada Karshaka Samrakshna … vs State Of Kerala on 20 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 7788 of 2005(B)


1. PLACHIMADA KARSHAKA SAMRAKSHNA SAMITHY,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. KERALA STATE POLLUTION CONTROL BOARD,

3. HINDUSTAN COCO-COLA BEVERAGES (P) LTLD.,

                For Petitioner  :SRI.H.SIVARAMAN

                For Respondent  :SRI.RAJAN JOSEPH, ADDL.A.G.

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :20/08/2009

 O R D E R
                          C.T. RAVIKUMAR, J.
                    ---------------------------------------------
                         W.P.(C) NO.7788 OF 2005
                    ---------------------------------------------
                    Dated this the 20th day of August, 2009


                                  JUDGMENT

The petitioner is an association of farmers registered under the T.C Act

12/55 with registration No.48/2004. The petition has been filed with the

following prayers:-

(i) to issue a writ or other order in the nature of
prohibition, prohibiting the 3rd respondent from re-
opening the factory before a decision is taken on
Ext.P3 representation;

(ii) to issue a writ or other order to the 1st and
2nd respondent not to allow the 3rd respondent
company to re-open the factory otherwise than on
solving the problem highlighted in Ext.P3;

Ext.P3 is a representation dated 8.10.04 submitted by the Samithy before the

Hon’ble Chief Minister of Kerala. Obviously, this court cannot issue a writ or

any order directing the second respondent to consider Ext.P3 representation

which was filed before the Hon’ble Chief Minister. However, it is seen that on

receipt of Ext.P3, Ext.P4 communication has been issued to the petitioner. It

is stated therein that the grievances ventilated by the petitioner are under

consideration of the Government. Therefore, in view of Ext.P4, this court

need not consider the grievance of the petitioner at this point of time since the

W.P.(C) NO.7788 of 2005 2

matter is already under consideration of the Government as is evident from

Ext.P4. However, it is made clear that it will open to the petitioner to

approach the appropriate authority in case any grievance persists pursuant

to the decision, if taken on Ext.P3 representation. The writ petition is

disposed, accordingly.

(C.T. RAVIKUMAR)
JUDGE

spc