IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5075 of 2010(H)
1. K.V.JOSE, KUDIYIRIPPIL HOUSE,
... Petitioner
Vs
1. THE CHIEF EXECUTIVE ENGINEER,
... Respondent
2. THE ASSISTANT ENGINEER,
3. CHRISTY MODERN RICE MILL,
For Petitioner :SRI.JOSE J.MATHAIKAL
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :17/02/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.5075 OF 2010
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Dated this the 17th day of February, 2010.
J U D G M E N T
The petitioner is the President of Mattoor Pallithazham
Padasekhara Samithi. According to the petitioner, the cultivation
in the above padasekharam is mainly by depending on the water
supply from the Spout No.5 of the Chengamanadu branch canal
of the Chalakudy Left kara canal. The 3rd respondent is a Modern
Rice Mill which is engaged in the manufacture of rice after
processing the paddy.
2. According to the petitioner, the functioning of the above
Mill causes acute pollution and because of the waste generated
by them, the irrigation canal is obstructed. It is also stated that
by Exhibit P1 interim order passed by the District Court in
C.M.A.No.3/2009, the 3rd respondent is prohibited from
discharging waste materials from their premises to the water
channel. It is now complained that Spout No.5 is remaining
closed preventing the irrigation water reaching the
W.P.(C) No.5075/2010 2
padasekharam.
3. The petitioner has moved the 1st respondent in the
matter by filing Exhibit P2 representation. It is prayed that a
direction may be issued to the 1st respondent to take a decision
on Exhibit P2.
There will be a direction to the 1st respondent to take a
decision on Exhibit P2, after hearing the petitioner and the
3rd respondent within a period of one month.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR
JUDGE
smp