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2015 Supreme(Ker) 1508

ASHOK BHUSHAN, K.VINOD CHANDRAN
State of Kerala, Represented By The Secretary To Forest & Wildlife Department – Appellant
Versus
J. &J. Minerals Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. P.I. Davis
For the Respondents: T.C. Suresh Menon, M.P. Prakash, K.B. Pradeep

JUDGMENT :

Vinod Chandran, J.

The State is in appeal against the judgment in a writ petition in which the petitioner, who was running a unit manufacturing mineral water, was permitted to carry on such activity even without an environmental clearance. It was found that the petitioner, for carrying on the activity concerned, did not require an environmental clearance & the order of the District Collector [Exhibit P18] was set aside. It was also held that the remedy of the impleaded respondents, whose grievance was in respect to indiscriminate extraction of water, was independent of the issues decided in the writ petition & was left the remedy to move appropriate authorities to redress their grievances.

2. The parties are referred to as is their status in the writ petition.

3. The petitioner, a Private Limited Company [Exhibit P1], having SSI Registration [Exhibit P2], obtained Exhibit P3 Green Channel Clearance of the District Industries Centre, Palakkad for establishment of a factory carrying on the activity of manufacture of mineral water, which establishment was sanctioned by the Department of Factories & Boilers, by Exhibit P4. The petitioner is said to have been functioning from 199























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