High Court Kerala High Court

Cherthala Taluk Small Scale Coir vs The Circle Inspector Of Police on 27 January, 2009

Kerala High Court
Cherthala Taluk Small Scale Coir vs The Circle Inspector Of Police on 27 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 1302 of 2009(E)


1. CHERTHALA TALUK SMALL SCALE COIR
                      ...  Petitioner

                        Vs



1. THE CIRCLE INSPECTOR OF POLICE,
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

3. K.T.JOSHY, JOSHY BHAVAN,

                For Petitioner  :SRI.GEORGE POONTHOTTAM

                For Respondent  :SRI.RAJESH VIJAYAN

The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice V.GIRI

 Dated :27/01/2009

 O R D E R
                J.B.KOSHY, Ag.C.J. & V.GIRI, J.
                    --------------------------------------
                     W.P(C).No.1302 of 2009
                     -------------------------------------
                     Dated 27th January, 2009

                             JUDGMENT

Koshy, Ag.C.J.

Petitioner is a Co-operative Society. It had set

up a common service centre for coir products of small scale

producers. Petitioner wants to lay a pipe as per the

specifications provided by the Pollution Control Board. It is the

contention of the petitioner that third respondent and a group of

people are objecting the same alleging pollution. Nobody can

take law into their hands and if anybody has objection, they have

to get prohibitory orders from court or statutory authority.

Contesting respondent’s main contention is that Pollution

Control Board has not given consent. Pollution Control Board is

not made as a party to this petition. In the above circumstances,

police is directed to ascertain from the Pollution Control Board

whether petitioner is laying the pipe as per the specifications

W.P.(C)No.1302/2009 2

provided by the Pollution Control Board and if the Pollution

Control Board agrees, sufficient protection should be granted as

prayed for. Petitioner shall give a copy of this judgment to

Adv.Sri.Chandramohan Das who appeared in this case for

Pollution Control Board at the request of the court.

The writ petition is disposed of accordingly.

J.B.KOSHY
ACTING CHIEF JUSTICE

V.GIRI
JUDGE

tks