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