IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 23865 OF 2010
PETITIONER:
JALEELA BEEVI
NAZ MANZIL (P.K HOUSE)
PUTHOOR,MYTHREE NAGAR,
NELLANADU VILLAGE,
VENJARAMOODU P.O, TRIVANDRUM.
BY ADVS.
SRI.M.ZIYAD
SRI.T.A.PRAKASH
SRI.SANU.S.PANICKER
RESPONDENTS:
1 ABDUL RASHEED, AGED 52 YEARS,
S/O.HASAN THANGAL,PUTHOOR,
MYTHREE NAGAR, NELLANADU VILLAGE,
VENJARAMOODU P.O,
THIRUVANANTHAPURAM - 695 607.
2 THE MEMBER SECRETARY POLLUTION
CONTROL BOARD, PLAMMOODU, PATTOM P.O,
THIRUVANANTHAPURAM - 695 001.
3 NELLANADU GRAMA PANCHAYAT
VENJARAMOODU PO,
TRIVANDRUM REPRESENTED BY ITS SECRETARY - 695 607.
4 THE SUB INSPECTOR OF POLICE
VENJARAMOODU POLICE STATION,
TRIVANDRUM DISTRICT - 695 607.
BY ADVS.
SRI.DIPU.R
SRI.K.S.HARIDAS
SRI.P.K.MUHAMMED
SMT.MERCIAMMA MATHEW
SRI.V.RENJITH KUMAR
SRI.THOMAS ABRAHAM
WP(C) NO. 23865 OF 2010
2
SRI.S.VIJI
SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 23865 OF 2010
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 23865 of 2010
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Dated this the 01st day of June, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
"(1) Issue a writ of mandamus, order or direction commanding the 2nd respondent to issue stop memo to the 1st respondent and prohibiting him from the functioning of the rice mill unit without holding valid licence from them.
(2) Issue a writ of mandamus, order or direction commanding the 3rd respondent to issue stop memo to the 1st respondent and prohibiting him from the functioning of the rice mill unit without holding valid licence from them.
(3) Issue a writ of mandamus, order or direction commanding the 2nd respondent to inspect the 1st respondent unit and issue stop memo if the relevant rules are not complied by the 1 st respondent for the functioning of his rice mill.
(4) Issue a writ of mandamus, order or direction commanding the 2nd and 3rd respondents to consider and pass orders on Exhibit P1 and P2 complaint respectively filed by the petitioner.
(5) Issue such other writ, order or direction as this hon'ble court may deem fit."[SIC] WP(C) NO. 23865 OF 2010 4
2. The main prayer in the writ petition is to issue appropriate direction commanding the 2 nd respondent to issue stop memo to the 1st respondent and prohibit him from the functioning of the rice mill unit without holding valid licence from them. When this writ petition came up for consideration on 30.7.2010, this Court admitted the writ petition. Thereafter, no further order is passed by this Court. If the rice mill is functioning without licence from the statutory authority, the petitioner is free to approach the appropriate authority in accordance to law.
With the above observation, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 23865 OF 2010 5 APPENDIX OF WP(C) 23865/2010 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P3 THE TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P4 THE TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P5 THE TRUE COPY OF THE PHOTOGRAPH. EXHIBIT P6 THE TRUE COPY OF THE PHOTOGRAPH. EXHIBIT P7 THE TRUE COPY OF THE PHOTOGRAPH. EXHIBIT P8 THE TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER TO THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM DATED 17.01.2015 ALONG WITH THE INFORMATION RECEIVED FROM THE 3RD RESPONDENT. EXHIBIT P9 THE TRUE COPY OF THE LETTER NO.PCB/TVM-DO/COMP/HC/GEA-18099/2010 DATED 27.01.2015 SENT BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER.
EXHIBIT P10 THE TRUE COPY OF THE INFORMATION RECEIVED BY THE PETITIONER FROM THE KERALA STATE POLLUTION CONTROL BOARD DATED 21.02.2015.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE