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1983 Supreme(Ker) 146

U.L.BHAT
TATA TEA LTD – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. Petitioner herein is a company running an instant tea factory at Nallathanni in Munnar. The 2nd respondent, Secretary Munnar Public Interest Protection Association, Munnar, filed an application before the Sub Divisional Magistrate, Devicolam complaining that the wastages of the Instant Tea Division are being washed out into Nallathanni river, thereby polluting water in the river which is used as drinking water by the people of the locality. There are acidic contents in the wastages which are harmful to human health and therefore in the petition appropriate action was demanded for. Thereupon, the Sub Divisional Magistrate passed a preliminary order under S.133(1)(b) of the Code of Criminal Procedure (for short the'Code') requiring the petitioner company to desist from discharging the effluents from the factory into the Nallathanni river and to make suitable arrangements for the passage and storage of the effluents from the factory in such a manner as to prevent the same from passing into the river within 7 days from the date of the order or to appear before him on 25-5-1983 at 11 A.M. and to show cause why the order should not be enforced. Petitioner having received t














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