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Cochin Kagaz Limited vs State Of Kerala on 3 February, 2009

Kerala High Court
Cochin Kagaz Limited vs State Of Kerala on 3 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3045 of 2009(K)


1. COCHIN KAGAZ LIMITED,REGISTERED OFFICE
                      ...  Petitioner

                        Vs



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

2. KARUKUTTY GRAMA PANCHAYAT, REPRESENTED

3. KERALA STATE POLLUTION CONTROL BOARD,

                For Petitioner  :SRI.E.K.NANDAKUMAR

                For Respondent  :SRI.G.SANTHOSH KUMAR (P).

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :03/02/2009

 O R D E R
                              S. Siri Jagan, J.
               =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                       W. P (C) No. 3045 of 2009
               =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
                 Dated this, the 3rd February, 2009.

                             J U D G M E N T

The petitioner is aggrieved by Ext. P10 stop memo, whereby the

petitioner has been directed to stop the functioning of the petitioner’s

plant on the ground that the functioning of the plant is causing

pollution in the area.

2. I am of opinion that having issued Ext. P10, the Panchayat is

bound to take a final decision in the matter. In the above

circumstances, I dispose of this writ petition with a direction to the 2nd

respondent-Panchayat to take a final decision on Ext. P10, after

affording an opportunity of being heard to the petitioner including the

opportunity to file objections and produce evidence. The above

process shall be completed within a period of one month from today.

The petitioner shall file his objections within one week. The petitioner

shall be permitted to function the plant till final orders are passed and

communicated to the petitioner.

Sd/- S. Siri Jagan, Judge.

Tds/

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