IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 1ST DAY OF AUGUST 2022 / 10TH SRAVANA, 1944
WP(C) NO. 31716 OF 2013
PETITIONERS:
1 ZEENATHU BEEVI @ ZEENA
D/O.MUHAMMED KASIM, AGED 39 YEARS, THENNOORKONATHU
VILAYIL VEEDU, MUDAPURAM P.O., CHIRAYINKEEZHU,
THIRUVANANTHAPURAM DISTRICT.
2 YOUNUS KUNJU
AGED 58 YEARS
S/O.IBRAHIM KUTTY, THENNOORKONATHU VILAYIL VEEDU,
MUDAPURAM P.O., CHIRAYINKEEZHU, THIRUVANANTHAPURAM
DISTRICT.
BY ADVS.
SRI.M.R.RAJESH
SMT.E.S.SANDHYA
RESPONDENTS:
1 KIZHUVILAM GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, OFFICE OF THE PANCHAYATH,
MUDAPURAM P.O., THIRUVANANTHAPURAM, PIN - 695 314.
2 THE SECRETARY
KIZHUVILAM GRAMA PANCHAYATH, OFFICE OF THE PANCHAYATH,
MUDAPURAM P.O., THIRUVANANTHAPURAM, PIN - 695 314.
3 THE KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY THE ENVIRONMENTAL ENGINEER, DISTRICT
OFFICE, T.C.12/96(4,5) PLAMOODU JUNCTION, PATTOM P.O.,
THIRUVANANTHAPURAM, PIN - 695 004.
4 THE DISTRICT MEDICAL OFFICER (HEALTH),
OFFICE OF THE DISTRICT MEDICAL OFFICER, GENERAL
HOSPITAL COMPLEX, THIRUVANANTHAPURAM.
5 THE INSPECTOR OF FACTORIES AND BOILERS
DISTRICT OFFICE, THIRUVANANTHAPURAM.
6 M.M.BASHEER
PROPRIETOR, SULTHAN INDUSTRIES, THENNOORKONATHU VILAYIL
WP(C) NO. 31716 OF 2013
2
VEEDU, MUDAPURAM P.O., CHIRAYINKEEZHU,
THIRUVANANTHAPURAM DISTRICT.
BY ADVS.
SRI.P.G.PRAMOD
SRI.P.KURUVILLA JACOB
SRI. M.AJAY, SC, KERALA STATE POLLUTION
CONTROL BOARD
SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT
PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 31716 OF 2013
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 31716 of 2013
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Dated this the 01st day of August, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
"(i) Issue a writ in the nature of mandamus or any other appropriate writ or direction or order commanding the respondents 1 to 5 to take immediate steps to close down the Factory/Unit of the 6th respondent manufacturing Hollow Bricks, Bricks and Tiles using Laterite and Granite stones functioning in Kizhuvilam Panchayath in between the petitioners' houses;
(ii) Issue a writ in the nature of mandamus or any other appropriate writ or direction or order commanding the 2 nd respondent to consider and dispose of Ext.P1 in accordance with law within a short time to be fixed by this Hon'ble Court,
(iii) Issue a writ in the nature of mandamus or any other appropriate writ or direction or order commanding the 3 rd respondent to take further follow up action in continuation to Exts. P3, P7 and P8 in accordance with law and see that the 6th respondent is not functioning his WP(C) NO. 31716 OF 2013 4 unit, within a short time to be fixed by this Hon'ble Court,
(iv) Issue a writ in the nature of mandamus or any other appropriate writ or direction or order commanding the 4 th respondent to take further follow up action in continuation to Exts. P4 and P9 and to consider and dispose of Ext.P5 in accordance with law and see that the 6 th respondent is not functioning his unit, within a short time to be fixed by this Hon'ble Court,
(v) Issue a writ in the nature of mandamus or any other appropriate writ or direction or order commanding the 5 th respondent to consider and dispose of Ext.P6 in accordance with law and see that the 6 th respondent is not functioning his unit, within a short time to be fixed by this Hon'ble Court,
(vi) Issue such other appropriate writ direction or order in the circumstances of the case,
(vii) To award costs."[SIC]
2. When this writ petition came up for consideration, the counsel appearing for the petitioners submitted that the 6th respondent is no more and there is no legal heirs to the 6 th respondent and the unit is not functioning for the last several years.
WP(C) NO. 31716 OF 2013 5 In the light of the above submission, this writ petition is closed leaving open all the contentions raised in this writ petition.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 31716 OF 2013 6 APPENDIX OF WP(C) 31716/2013 PETITIONER EXHIBITS EXHIBIT P1. A TRUE COPY OF THE PETITION FILED BY THE PETITIONER AND ANOTHER TO THE PRESIDENT OF THE 1ST RESPONDENT PANCHAYAT. EXHIBIT P2. A TRUE COPY OF THE PETITION DATED 02.03.2012 GIVEN BY THE 1ST PETITIONER AND THAHIRA TO THE CHIEF MINISTER'S GRIEVANCE REDRESSAL CELL.
EXHIBIT P3. A TRUE COPY OF THE LETTER NO.PCB/TVM-DO/COMP/AE1- 336/2012 DATED 09.04.2012 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P4. A TRUE COPY OF THE LETTER NO.C2-7158/12/DMO DATED 21.04.2012 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P5. A TRUE COPY OF THE PETITION DATED 31.05.2012 FILED THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P6. A TRUE COPY OF THE PETITION DATED 13.06.2012 FILED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT.
EXHIBIT P7. A TRUE COPY OF THE LETTER NO.PCB/TVM-DO/COMP/AE1- 336/2012 DATED 16.06.2012 ISSUED BY THE 3RD RESPONDENT TO THE 6TH RESPONDENT.
EXHIBIT P8. A TRUE COPY OF THE LETTER NO.PCB/TVM-DO/COMP/AE1- 336/2012 DATED 02.07.2012 ISSUED BY THE 3RD RESPONDENT TO THE 6TH WP(C) NO. 31716 OF 2013 7 RESPONDENT.
EXHIBIT P9. A TRUE COPY OF THE LETTER NO.C2-7158/12/DMO DATED 03.08.2012 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P10. A TRUE COPY OF THE APPLICATION DATED 13.02.2013 OF THE 1ST PETITIONER TO THE 2ND RESPONDENT UNDER THE RIGHT TO INFORMATION ACT.
EXHIBIT P11. A TRUE COPY OF THE LETTER NO.J.S 966/12 DATED 19.02.2013 ISSUED BY THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS:
//TRUE COPY// PA TO JUDGE