Petitioner is the first defendant in O.S. No. 299/2003 on the file of the Munsiff’s Court, Perambavoor. Plaintiffs are residing very near to the factory set up by the petitioner/first defendant. The suit is instituted for a declaration that the construction and working of the factory in the plaint schedule property is illegal and for a permanent injunction restraining the first defendant from running the factory. There is also a prayer against the authorities not to grant any licence to run the factory in the present condition.

2. It is averred in the plaint in Para 4 that if the factory is allowed to be run it will cause the plaintiffs and their family members various ailments, breathing trouble, head ache etc. It is also alleged that the establishment of the factory is contrary to the distance rule and without obtaining proper sanction from the authorities and without taking necessary precautionary, measures to prevent pollution. Apart from the petitioner, the Secretary of the Grama Panchayat, the District Medical Officer and the Chief Environmental Engineer, Kerala State Pollution Control Board are also made parties as defendants 2 to 5. Along with the suit, an applic