T ANTONY Vs. UNION OF INDIA

JUDGEMENT

(1.) AGGRIEVED by an order dated 25.03.2011 in I.A. No.4091 of 2011 in W.P.(C) No.1946 of 2011, the unsuccessful applicant/writ petitioner preferred the instant appeal.

(2.) THE writ petition is filed challenging the permission granted for setting up of an 'Ice Plant' by the 3rd respondent. THE 2nd respondent, the Kerala Coastal Zone Management Authority, by an order dated 01.03.2011, decided to give clearance for the establishment of an Ice Plant in the Kadinamkulam Grama Panchayat. It was this decision of the 2nd respondent by which the appellant herein is aggrieved.

(3.) WE regret our inability to agree with the learned counsel for the appellant. Admittedly, as of now, the impugned activity is not objectionable. The possibility of the impugned activity becoming legally objectionable at a future date, in our view, should not normally be allowed, to defeat the legal rights of the 3rd respondent who is setting up the ice plant, unless the appellant establishes that permitting the 3rd respondent to proceed with the work would result in irreparable damage to the environment.