High Court Kerala High Court

K.G. Mathew vs State Of Kerala on 25 February, 2009

Kerala High Court
K.G. Mathew vs State Of Kerala on 25 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 441 of 2009()


1. K.G. MATHEW, AGED 67 YEARS, S/O. LATE
                      ...  Petitioner
2. P. MATHAI, AGED 69 YEARS,
3. K.A. NINAN, AGED 71, S/O. LATE
4. K.A. KOSHY, AGED 69 YEARS,  S/O. LATE
5. C.A. SAMUEL AGED 73 YEARS,
6. PONNAMMA AGED 40 YEARS, D/O. LATE
7. SARAMMA EASWAR AGED 58 YEARS,
8. JINU DAS, AGED 32 YEARS,

                        Vs



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

2.  THE DISTRICT COLLECTOR, PATHANAMTHITTA

3. THE KERALA STATE POLLUTION CONTROL

4. THE DISTRICT MEDICAL OFFICER,

5. THE ENVIRONEMENTAL ENGINEER,

6. DISTRICT PANCHAYATH PATHANAMTHITTA,

7. KOZHENCHERRY GRAMA PANCHAYATH,

                For Petitioner  :SRI.P.HARIDAS

                For Respondent  :SRI.THOMAS ABRAHAM

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

 Dated :25/02/2009

 O R D E R
                    J.B.KOSHY, Ag.C.J. & V.GIRI, J.
                       --------------------------------------
                          W.A.No.441 of 2009
                       -------------------------------------
                      Dated 25th February, 2009

                                JUDGMENT

Koshy, Ag.C.J.

Panchayat is proposing to construct a waste treatment

plant. It is submitted that it is only 15 cents of land in the water

logged area near pampa river. Pending writ petition, Ext.R7(g)

consent was given by the Pollution Control Board. Learned single

Judge even though originally granted stay, after issuance of the

consent, by the impugned order directed that construction may

continue strictly complying with the conditions in the consent issued

by the Pollution Control Board. It is submitted by the appellants that

they filed an appeal against the consent order, but, that is not being

proceeded with as original order was not issued to them. In the

above circumstances, if copy of the order (Ext.R7(g)) is produced by

the appellants before the appellate authority, appeal should be heard

without delay on merit with notice to interested parties. Appellants

can produce a copy of this judgment before the appellate authority for

compliance. If appellants produce a copy of the consent order and

stay petition within 10 days from today before the appellate authority,

it should be considered and orders should be passed within three

W.A.441/2009 2

weeks from today. Since the construction of the waste treatment

plant can be made only after inviting public tenders and complying

with the procedural requirements and there is no order allowing them

to operate the waste treatment plant, no further orders are necessary.

It is contended that in earlier inspection report it was reported by the

very same environmental engineer that the area is not suitable for

establishment of the solid waste treatment plant. The appellants can

press this matter before the appellate authority. Appellants also may

pray for an early hearing of the writ petition.

The writ appeal is disposed of with the above

observations.

J.B.KOSHY
ACTING CHIEF JUSTICE

V.GIRI
JUDGE

tks