K.G.Prasad vs The Revenue Divisional Officer

Citation : 2021 Latest Caselaw 176 Ker
Judgement Date : 5 January, 2021

Kerala High Court
K.G.Prasad vs The Revenue Divisional Officer on 5 January, 2021
         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

     THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                            &

         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                 WP(C).No.172 OF 2021(S)

PETITIONERS:

     1     K.G.PRASAD
           AGED 51 YEARS
           S/O.GANGADHARAN, KIZHAKKE MULLASSARY,
           CHARAMANGALAM, MUHAMMA P.O.,
           THANNEERMUKKAM SOUTH VILLAGE,
           ALAPPUZHA DISTRICT, PIN-688 525.

     2     PRASAD DAS.M.R.,
           S/O.RAMDAS, HARIJAN SETTLEMENT COLONY,
           MUHAMMA P.O., THANNEERMUKKAM SOUTH VILLAGE,
           ALAPPUZHA DISTRICT, PIN-688 525.

     3     SAJIMON,
           AGED 62 YEARS, S/O.UMMAR,
           PEEDIKAPARAMBIL, CHARAMANGALAM,
           MUHAMMA P.O., THANNERMUKKAM SOUTH VILLAGE,
           ALZPPUZHA DISTRICT, PIN-688 525.

           BY ADV. SRI.U.R.HARSHAKUMAR

RESPONDENTS:

     1     THE REVENUE DIVISIONAL OFFICER
           ALAPPUZHA,
           THE OFFICE OF THE REVENUE DIVISIONAL OFFICE,
           ALAPPUZHA, PIN-688 001.

     2     THE DISTRICT MEDICAL OFFICER,
           ALAPPUZHA, ALAPPUZHA, PIN-688 011.
   W.P(C).172/2021
                              2

      3       SECRETARY,
              KERALA STATE POLLUTION CONTROL BOARD,
              DISTRICT OFFICE, ALAPPUZHA, PIN-688 013.


      4       THE SECRETARY,
              MUHAMMA GRAMA PANCHAYATH,
              MOHAMMA, ALAPPUZHA, PIN-688 525.

      5       A THREE TRADING COMPANY,
              PUTHANANGADI,
              REPRESENTED BY ITS PROPRIETOR,
              THANNEERMUKKAM SOUTH VILLAGE.


              SRI.ARAVIND KUMAR BABU, SR. GP FOR R1 AND 2
              SRI.T.NAVEEN, SC FOR R3,
              SRI.J.OM PRAKASH, SC FOR R4

     THIS WRIT PETITION (CIVIL) HAVING COME UP              FOR
ADMISSION ON 05.01.2021, THE COURT ON THE SAME              DAY
DELIVERED THE FOLLOWING:
        W.P(C).172/2021
                                           3


                                      JUDGMENT

Dated this the 5th day of January, 2021 S. Manikumar, CJ.

Petitioner has sought for the following reliefs:

i) To declare that the 5th respondent factory has no right or authority to function and the respondents 1 to 4 have no authority to issue Environmental clearance, and permit without proper categorization by the 3 rd respondent and no objection certificates from neighbouring inhabitants.
ii) To issue a writ of mandamus or any other appropriate writ order or direction directing the respondents 1 to 4 to inspect the premises of 5th respondent, from conducting illegal tufting of PVC operation forthwith."

2. After making submissions, learned counsel for the petitioner seeks permission to withdraw the writ petition.

Placing on record the above, writ petition is dismissed as withdrawn.

Sd/-

S. Manikumar, Chief Justice Sd/-

Shaji P. Chaly, Judge sou.