MURALEEDHARAN NAIR Vs. K R USHASREE

JUDGEMENT

(1.) THE appellant is the petitioner in the Writ Petition, who approached this Court, seeking for a direction to be issued to the respondents 1 to 3 to restrain the functioning of the cashew factory of the 6th respondent in the Writ Petition, mainly in view of the alleged pollution; 'air' as well as 'water'.

(2.) THE main complaint is that, the functioning of the establishment of the 6th respondent is without obtaining necessary licence and clearance from the authorities concerned, including the Pollution Control Board and that because of the illegal operation of the unit, the petitioner who is residing nearby is not in a position to have a peaceful living and his rights and liberties as guaranteed under the Constitution are very much adversely affected, which hence is sought to be intercepted.

(3.) HEARD the learned counsel appearing for the appellant as well as the learned counsel appearing for the Pollution Control Board and also the 1st respondent (6th respondent in the Writ Petition) who is the petitioner in