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2019 Supreme(Online)(KER) 56355

HIGH COURT OF KERALA
JOY MATHEW – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['GEORGEKUTTY MATHEW', '', 'SRI JAMES KURIAN', 'SRI MOHAMMED ANZAR K J', 'SPL G P', 'SRI V M KRISHNAKUMAR', 'SRI SANTHOSH MATHEW', 'SRI ARUN THOMASSRI JENNIS STEPHENSRI VIJAY V PAULSMT KARTHIKA MARIASMT VEENA RAVEENDRANSRI ANIL SEBASTIAN PULICKEL']

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 th

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