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2019 Supreme(Ker) 724

A.K.JAYASANKARAN NAMBIAR
Joy Mathew – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner: Sri. Georgekutty Mathew, Sri. James Kurian
For the Respondent: Sri. Mohammed Anzar K.J., Spl. G.P. For Revenue, Sri. V.M. Krishnakumar, Sri. Santhosh Mathew, Sri.Arun Thomas, Sri. Jennis Stephen, Sri. Vijay V. Paul, Smt. Karthika Maria, Smt. Veena Raveendran, Sri. Anil Sebastian Pulickel, Government Pleader Sri. Jafar Khan

JUDGMENT :

The petitioners, who are stated to be residents of Kuttikanam, are aggrieved by Ext.P1 order passed by the 1st respondent State Government, granting exemption under Section 81 of the Kerala Land Reforms Act (hereinafter referred to as 'the Act'), to 188 cents of land comprised in a tea plantation in Sy.No.64/1 of Elappara Village, for the establishment of a hot mix plant by the 6th respondent. In the Writ Petition, it is their case that Ext.P1 order, which ought to have reflected an exercise of discretion by the State Government in public interest, completely ignored the possibility of the neighbouring areas being polluted on account of the operation of the hot mix plant. In particular, it is stated that in the immediate proximity of the site where the hot mix plant is proposed to be installed, there are numerous educational institutions, hostels, hospitals and residential houses, apart from tourists resorts and other buildings housing entertainment facilities, and the pollution that could result from the operation of the hot mix plant could have a deleterious effect on the people of the locality since a hot mix plant is included in the category of hazardous industries by

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