Plachimada Karshaka Samrakshna ... vs State Of Kerala on 20 August, 2009

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Kerala High Court

Plachimada Karshaka Samrakshna ... vs State Of Kerala on 20 August, 2009

Bench: C.T.Ravikumar

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 7788 of 2005(B)


1. PLACHIMADA KARSHAKA SAMRAKSHNA SAMITHY,
                      ...  Petitioner

                        Vs



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

2. KERALA STATE POLLUTION CONTROL BOARD,

3. HINDUSTAN COCO-COLA BEVERAGES (P) LTLD.,

                For Petitioner  :SRI.H.SIVARAMAN

                For Respondent  :SRI.RAJAN JOSEPH, ADDL.A.G.

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :20/08/2009

 O R D E R
                          C.T. RAVIKUMAR, J.
                    ---------------------------------------------
                         W.P.(C) NO.7788 OF 2005
                    ---------------------------------------------
                    Dated this the 20th day of August, 2009


                                  JUDGMENT

The petitioner is an association of farmers registered under the T.C Act 12/55 with registration No.48/2004. The petition has been filed with the following prayers:-

(i) to issue a writ or other order in the nature of prohibition, prohibiting the 3rd respondent from re-

opening the factory before a decision is taken on Ext.P3 representation;

(ii) to issue a writ or other order to the 1st and 2nd respondent not to allow the 3rd respondent company to re-open the factory otherwise than on solving the problem highlighted in Ext.P3;

Ext.P3 is a representation dated 8.10.04 submitted by the Samithy before the Hon'ble Chief Minister of Kerala. Obviously, this court cannot issue a writ or any order directing the second respondent to consider Ext.P3 representation which was filed before the Hon'ble Chief Minister. However, it is seen that on receipt of Ext.P3, Ext.P4 communication has been issued to the petitioner. It is stated therein that the grievances ventilated by the petitioner are under consideration of the Government. Therefore, in view of Ext.P4, this court need not consider the grievance of the petitioner at this point of time since the W.P.(C) NO.7788 of 2005 2 matter is already under consideration of the Government as is evident from Ext.P4. However, it is made clear that it will open to the petitioner to approach the appropriate authority in case any grievance persists pursuant to the decision, if taken on Ext.P3 representation. The writ petition is disposed, accordingly.

(C.T. RAVIKUMAR) JUDGE spc

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