ABDUL JABBAR V. Y. Vs. SENIOR ENVIRONMENTAL ENGINEER

JUDGEMENT

(1.) The petitioners assert to be residents of the Ambattuparambil area in Vadakkenchery, neighbouring a rice mill by name 'M/s. Jayabharath Modern Rice Mill'. They say that apart from the word 'Modern' that appears in the name, the said rice mill is not provided with any modern pollution fighting machinery or techniques and that they are causing great pollution, both air and water, in the whole neighbourhood. The petitioners have, therefore, filed this writ petition seeking directions to the Pollution Control Board to ensure that action is taken against the 3rd respondent, which is the said rice mill, not to cause any act of pollution in the area.

(2.) I have heard the learned counsel for the petitioner, Sri. G. Keerthivas, learned Standing Counsel appearing for the 1st respondent, Sri. Sreelal Warrier, learned counsel appearing for the 3rd respondent and the learned Senior Government Pleader appearing for respondents 2 and 4.

(3.) Even though there are several allegations made by the petitioners relating to the pollution caused by the 3rd respondent in this case, I do not think that it will be possible for this Court, while acting under Art. 226 of the Constitution of India, to delve into it in detail and consider the same exhaustively and affirmatively one way or other, in view of the fact that such resolution would depend upon consideration of disputed questions of fact.