VALLIKADAN ASSAINAR Vs. P K MOIDEENKUTTY

JUDGEMENT

(1.) The order in C.M.P. No. 14 of 1997 of the Sub Divisional Magistrate, Tirur purportedly made under S.138(2) Cr.P.C, is challenged by the counter petitioner therein. As per the impugned order, the factory of the counter petitioner was ordered to be closed down "within five days from the date of receipt of the order till a whole proof scientific effluent treatment system is established and functioned properly and it is got certified by the Senior Environmental Engineer of the Kerala State Pollution Control Board, Thiruvananthapuram and also obtaining the required licence from the Grama Panchayat and other concerned authorities; if any, after satisfying all the pre-requisite conditions for functioning the leather unit."

(2.) The leather factory of the revision petitioner is situated in his property measuring 1.90 acres. According to him, business is being conducted there for more than 60 years. The Thirunavaya Grama Panchayat has issued a licence for the functioning of the factory. Respondents 1 and 2 herein representing the Malinikarana Nirmarjana Committee filed certain complaints before various authorities including the Sub Divisional Magistrate, Tirur and the Kerala State Pollution Control Board, Regional Office, Calicut. On receipt of such complaints, the Sub Divisional Magistrate issued Annexure A order dated 26.10.1996 directing the petitioner to close down the business for five days from 30.10.1996 to 3.11.1996 "in order to implement the directions of the Pollution Control Board". The State Pollution Control Board, Regional Office, Calicut also directed the petitioner to take certain remedial measures to avoid pollution and to implement the scheme designed by M/s. Ganga Enviro Tech Engineers, Trichy within a period of 45 days. Annexure B is the copy of the letter dated 28.10.1996 issued by the Pollution Control Board. It is stated in the course of argument that the directions contained in Annexure B have been complied with.

(3.) Challenging Annexure A order of the Sub Divisional Magistrate, the petitioner filed O.P. No. 16922 of 1996 on 28.10.1996 to quash the same and for other incidental reliefs. Annexure A order was stayed by this Court. The first respondent filed O.P.No. 16560 of 1996 on 22.10.1996 seeking to quash the licence issued by the Panchayat to the petitioner to run the factory and also for a writ of prohibition restraining the petitioner from carrying on the business and for other incidental reliefs. Both the Original Petitions were disposed of together as per Annexure C judgment by which this Court issued a direction to the Revenue Divisional Officer to complete the proceedings initiated by him under S.133 Cr.P.C. in accordance with the provisions contained in the Code after notice to the concerned parties.