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Manushyavakasha

High Court Of Kerala|18 June, 2014
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JUDGMENT / ORDER

Manjula Chellur, C.J.
We have gone through orders dated 04.10.2011, 28.10.2011, 15.121.2011, 02.01.2012 and 13.04.2012 relied upon by review petitioners.
2. On going through the judgment dated 12.02.2014 and other above referred orders, we notice that there were two writ petitions which were coming up together and on some occasions common interim orders were also made in the two writ petitions. W.P.(C) No.26487 of 2011 is a case where Kollam Corporation has sought for police protection in respect of their existing waste disposal unit contending that party respondents and others claiming under them are obstructing the functioning of the unit. W.P.(C) No.3637 of 2012 came to be filed as Public Interest Litigation complaining the improper action on the part of Corporation of Kollam in establishing the solid waste disposal unit at a place where two temples are situated apart from a water body at a nearby place.
3. On one occasion we categorically directed Corporation of Kollam not to establish leachate plant at the site in question, having regard to the fact that environmental issues were involved. Meanwhile, after establishment of National Green Tribunal, Chennai Bench, Public Interest Litigation had to be transferred to this Tribunal as environmental issue was the fundamental controversy raised in that writ petition. At the time of disposal of police protection matter, it was not brought to our notice that the decision in public interest litigation touching environment issues would ultimately decide the fate of police protection writ petition. Therefore, judgment dated 12.02.2014 was made without noticing interim directions given from time to time.
In the light of above situation we are of the opinion, the judgment dated 12.02.2014 in W.P.(C) No.26487 of 2011 deserves to be reviewed. Therefore, Review Petition is allowed.
Manjula Chellur, Chief Justice.
A.M. Shaffique, Judge.
ttb/18/06
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Title

Manushyavakasha

Court

High Court Of Kerala

JudgmentDate
18 June, 2014
Judges
  • Manjula
  • A M Shaffique