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Lilly Thomas Vs State of Kerala and 3 Others — Environment and Pollution | Kerala HC (2007)

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Kerala HC
2007
Lilly Thomas Vs State of Kerala and 3 OthersLilly Thomas v. State of Kerala and 3 Others

Lilly Thomas v. State of Kerala and 3 Others

Kerala HC3 Apr 2007WP(C)/3584/2007

Case brief

from the order text

What is this about?

HIGH COURT OF KERALA AT ERNAKULAM PRESENT :…

What the court decided

AI extract

Issue for consideration

Whether to dispose of a writ petition challenging the temporary cancellation of a factory licence.

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 3RD APRIL 2007 / 13TH CHAITHRA 1930 WP(C).No. 3584 of 2007(B) -------------------------

PETITIONER:

LILLY THOMAS, W/O.LATE THOMAS P.MATHEW, PONMALY BUNGLOW, CHETHACKAL P.O., RANNY.

BY ADV. SRI.SUBHASH CYRIAC SRI.S.SURAJ (PALATHANATHU)

RESPONDENTS:

STATE OF KERALA, REPRESENTED BY CHEIF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

THE RANNI-PAZHAVANGADI GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, RANNI P.O.

POLLUTION CONTROL BOARD, REPRESENTED BY ITS ENVIRONMENTAL ENGINEER, DISTRICT OFFICE, PATHANAMTHITTA.

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether to dispose of a writ petition challenging the temporary cancellation of a factory licence.

Parties & counsel

AI extract

petitioner
LILLY THOMAS
respondent
STATE OF KERALA
respondent
THE RANNI-PAZHAVANGADI GRAMA PANCHAYAT
respondent
POLLUTION CONTROL BOARD
respondent
HEALTH INSPECTOR
respondent

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 3 Apr 2007 · April
Registered: 31 Jan 2007
Case no.: WP(C)/3584/2007

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Cite this judgement

Lilly Thomas v. State of Kerala and 3 Others, WP(C)/3584/2007 (KL), decided on 3 April 2007.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

PIUS C.KURIAKOSE

Parties & counsel

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, RANNY.

*ADDL.R5 & R6 IMPLEADED.

THOMAS GEORGE, S/O.GEORGE, KONDOOR HOUSE, CHETHACKAL P.O.(VILLAGE), RANNI, PATHANAMTHITTA DISTRICT.

K.K.ANIL, ATHIRA BHAVAN, CHETHACKAL P.O., RANNY, PATHANAMTHITTA DISTRICT.

*ADDL.R5 & R6 ARE IMPLEADED AS PER THE ORDER DATED 28.3.2007 IN I.A.NO.4474/07.

WPC NO.3584/07

R2 BY ADV. SRI.JACOB P.ALEX R1 & R4 BY GOVT. PLEADER SMT.T.B.RAMANI R3 BY ADV.MR.M.K.CHANDRAMOHAN DAS, S.C. R5 & R6 BY ADV.MR.SURAJ SUKUMARAN MR.THOMAS KALLAMPILLY

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PIUS C. KURIAKOSE,J.

- - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.3584 of 2007

- - - - - - - - - - - - - - - - - - - - - - - - - Dated: 3^rd April, 2007

JUDGMENT

Ext.P9 order temporarily canceling the licence given in respect of the petitioner's rubber factory is under challenge. According to the learned counsel for the 2^nd respondent-Panchayat, it is obligatory that the petitioner shall strictly comply with Exts.P3, P5 and P7 issued respectively by the 4^th respondent and the third respondent. The claim of the petitioner based on Ext.P11 issued by the Pollution Control Board that all the defects have been cured cannot be accepted, so submits counsel.

I do not propose to go into the merits of the matter. Ext.P9 as already indicated is only an order temporarily canceling the licence. The petitioner is directed to file reply to Ext.P9. Along with the reply the petitioner is free to produce documents in the nature of certificates issued by the Health Authorities and the Pollution Control Board which will show that the petitioner has satisfactorily complied with all the directions issued to the petitioner by the Health Authorities and the Pollution Control Board. Once such a reply is received by the Panchayat from the Petitioner, the Panchayat will hear the petitioner and take a decision on the question as to whether the temporary revocation of licence should be cancelled and the

W.P.C.No.3584/07 - 2 -

licence issued to the petitioner should be revived. In order to enable the petitioner to comply with the above directions, there will be a direction to the Pollution Control Board to take up Ext.P8, conduct inspection of the premises with notice to the petitioner, the Panchayat and also to the additional respondents 5 and 6. There will be a similar direction to the 4^th respondent to take up Ext.P10, conduct necessary inspection with notice to all the parties and issue certificate as requested in Ext.P10. Respondents 3 and 4 will ensure that the above directions will be complied with at their earliest and at any rate within three weeks of receiving a copy of this judgment.

The Writ Petition will stand disposed of as above.

PIUS C.KURIAKOSE, JUDGE

srd

THOMAS GEORGE

Coram

AI extract

PIUS C.KURIAKOSE

CNR

KLHC010422542007

Topic

Environment and Pollution

Bench

Pius C.kuriakose

Disposal

DISPOSED OF

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