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.