The Hindu : Kerala / Kochi News : Lok Ayukta order on effluent treatment plant stayed

Online edition of India's National Newspaper
Tuesday, Jan 10, 2006

Kerala

Kerala - Kochi

Lok Ayukta order on effluent treatment plant stayed

Staff Reporter

HIGH COURTROUND-UP

Kochi: A Division Bench of the Kerala High Court on Tuesday directed Travancore Titanium Products Ltd. not to finalise the tender for installing an effluent treatment plant without obtaining permission from the court.

The Bench comprising Justice K.S. Radhakrishnan and Justice K.T. Sankaran issued the directive while staying the orders of the Lok Ayukta regarding the effluent treatment plant proposed to be set up by the company. The Lok Ayukta had given a series of orders with respect to the installation of the effluent treatment plant.

The Lok Ayukta had, in one of its orders, said that the Pollution Control Board (PCB) could not come to the conclusion that the effluents that will be discharged by the company after the implementation of the development activities in the company would not be harmful to humans. In yet another order, the Lok Ayukta had directed the company to take up the issue with the Supreme Court Monitoring Committee on Hazardous Wastes and get a clearance certificate regarding the nature of effluents to be discharged after the new development programmes were implemented.

The company, in its petition, submitted that it had appointed Mecon Limited as consultant for the project costing Rs.257.11 crores.

The project included installation of acid recovery plant and neutralisation plant. The company said that the Supreme Court Monitoring Committee had stated that there was no need for getting clearance from the committee.

The court said there was no legal obligation on the company to get clearance from the committee.

The Bench prima facie held that the complainant before the Lok Ayukta had no material to show that the company's activities were actuated by mala fide and ulterior motives. The court was of the view that the Lok Ayukta was not justified in passing the orders.

Ruling on enrolment stayed

The Bench has stayed a single judge judgment holding that nuns, priests and sanyasins could be enrolled as lawyers provided they do not engage in any full time profession such as teaching or nursing.

The Bench issued the stay order while admitting an appeal filed by the Bar Council of Kerala.

The single judge made the ruling while allowing three writ petitions by two nuns, Tina Jose and M. Tessy, and a priest, Thomas Pudussery, challenging the decision of the enrolment committee of the Bar Council of Kerala not to enrol them as lawyers.

The single judge had observed that nuns and priests were members of the religious profession. But, the profession defined under rule 2(b) of the Bar Council of Kerala Rules was a profession which was "analogous to trade or business which generates income and not the profession of religion."

Clarification on queue

A Bench comprising Justice R. Bhaskaran and Justice M. Sasidharan Nambiar clarified that its earlier order against special queue before the sanctum sanctorum at Sabarimala Temple would not stand in the way of the Pandalam Raja and his retinue climbing the holy steps and standing before the `sreekovil' for performing customary rituals.

Counsel for the Pandhalam Nirvahaka Sanghom also undertook to give the Travancore Devaswom Board the names of persons who would accompany the Raja.

Former Dy.SP files appeal

Former Deputy Superintendent of Police (Dy.SP) Shaji on Monday filed an appeal before the Kerala High Court against the Kottayam Sessions Court verdict sentencing him to life imprisonment in the Praveen murder case.

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