IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 28928 OF 2021
PETITIONER:
C.K. SURENDRAN,
AGED 60 YEARS,
S/O. ACHUTHAN, CHERUVATH HOUSE,
CHORODE P.O, VATALARA, KOZHIKODE - 673 106
BY ADVS.
B.KRISHNAN
R.PARTHASARATHY
SEEMA
RESPONDENTS:
1 THE ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, KOZHIKODE, 3RD FLOOR, ZAMORIN'S
SQUARE, LINK ROAD, KOZHIKODE - 673 002.
2 THE MEDICAL OFFICER
FAMILY HEALTH CENTER, CHORODE,
CHORODE EAST (P.O), VADAKARA,
KOZHIKODE DISTRICT.
3 KUNHIMOOSA
AGED 63 YEARS
S/O. KUNHI MAMMU, MANIKOTH HOUSE,
ANIYARAM, POST CHOKLI, KANNUR
SRI.T.NAVEEN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28928 OF 2021
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 28928 of 2021
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Dated this the 06th day of July, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
"(i) issue a writ of mandamus or any other appropriate writ order or direction directing the 1st respondent to implement Exhibit P3 & P4 without delay.
(ii) issue such other orders as this Honourable Court may deem fit to grant."[SIC]
2. The main prayer in the writ petition is to implement Exts.P3 and P4 issued by the Pollution Control Board. As per the judgment dated 06.07.2022 in W.P.(C)No.30925/2021, this Court already directed the Pollution Control Board to inspect the premises and to take appropriate action in accordance to law.
In the light of the judgment dated 06.07.2022 WP(C) NO. 28928 OF 2021 3 in W.P.(C)No.30925/2021, this writ petition is closed, leaving open all the contentions raised in this writ petition.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 28928 OF 2021 4 APPENDIX OF WP(C) 28928/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND 3RD RESPONDENT DATED 10-07-2017 EXHIBIT P2 TRUE COPY OF THE PLAINT IN O.S 151/2020 ON THE FILE OF MUNSIFF COURT, VATAKARA EXHIBIT P3 TRUE COPY OF THE NOTICE ISSUED BY 1ST RESPONDENT TO THE 3RD RESPONDENT DATED 03-12-2021 EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 03-
12-2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P5 TRUE COPY OF THE NOTICE ISSUED BY MEDICAL OFFICER, FAMILY HEALTH CENTER, CHORODE TO THE 3RD RESPONDENT DATED 20-03-2021 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// PA TO JUDGE