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2026 Supreme(Online)(Ker) 1956

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
GALAXY HOMES PVT.LTD. – Appellant
Versus
KERALA STATE POLLUTION CONTROL BOARD – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.P.K.IBRAHIM, SMT.K.P.AMBIKA, SRI.A.L.NAVANEETH KRISHNAN
For the Respondents: SRI RENJIT GEORGE, SR. PUBLIC PROSECUTOR, SRI.T.NAVEEN, SC, KSPCB

Table of Content
1. summary of allegations regarding pollution due to construction. (Para 1 , 2)
2. arguments by both sides regarding liability and procedural aspects. (Para 4 , 5)
3. judicial observations on the evidence and findings. (Para 6 , 7 , 8)

O R D E R

The accused Nos.1 to 3, 5 and 6 in C.C No.848/2018 on the files of the judicial first class magistrate court, Kakkanad have filed this petition under Section 482 Cr.P.C to quash the proceedings against them in the said case.

2. The aforesaid case arose out of a complaint filed by the Kerala State Pollution Control Board alleging the commission of offences under Sections 41 , 43, 44, 45A and 47 of the Water (Prevention and Control of Pollution) Act, 1974 . The first accused is a Private Limited Company by name Galaxy Homes (P) Ltd. which had constructed a multi-storied apartment complex of 120 units at Kakkanad Village, and the second accused is its Managing Director. Accused Nos.3 to 6 are said to be the Directors of the aforesaid company. The complaint pertains to the alleged acts of the petitioners leading to the discharge of sewage from the aforesaid apartment complex, in excess of the standards prescribed by the Pollution

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