Kerala High Court
K.V.Tomy vs State Of Kerala on 5 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
WP(C) NO. 5889 OF 2021
PETITIONER:
K.V.TOMY,
AGED 72 YEARS,
S/O VAREED K.T.,
RESIDING AT KANNANAIKKAL HOUSE,
OPPOSITE POPULAR TATA SHOW ROOM,
NADATHARA P.O., THRISSUR-680751.
BY ADVS.
SRI.T.MADHU
SMT.C.R.SARADAMANI
SRI.SHAHID AZEEZ
SMT.CHANDRALEKHA SANU
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
INDUSTRIES DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE KERALA STATE POLLUTION CONTROL BOARD,
PATTOM.P.O.,
THIRUVANANTHAPURAM-695004,
REPRESENTED BY ITS MEMBER SECRETARY.
3 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD DISTRICT
OFFICE, THRISSUR, III FLOOR,
MAJESTIC SQUARE, PARAVATTANI,
OLLUKKARA P.O.,
THRISSUR DISTRICT-680655.
4 THE DISTRICT MEDICAL OFFICER,
THRISSUR-680001.
5 THE THRISSUR MUNICIPAL CORPORATION,
THRISSUR-680001, REPRESENTED BY ITS SECRETARY.
6 THE NODAL AGENCY THRISSUR,
CONSTITUTED UNDER THE PROVISIONS OF THE KE5ALA
MICRO SMALL AND MEDIUM ENTERPRISES FACILITATION
ACT 2019, REPRESENTED BY ITS CONVENER,
THE DISTRICT INDUSTRIES OFFICER,
DISTRICT INDUSTRIES CENTRE, THRISSUR-680001.
WP(C).No.5889/2021
2
7 FRENY FRANCIS,
CHIRAYATH HOUSE,
MADAKKATHARA P.O.,
NETTISSERY, THRISSUR-680651.
BY ADVS.
SHRI. SANTHOSH P.PODUVAL, SC, THRISSUR
CORPORATION
SRI. LAL K.JOSEPH
SRI. P.MURALEEDHARAN (THURAVOOR)
SRI. T.A.LUXY
SRI. SURESH SUKUMAR
SRI. ANZIL SALIM
SRI. CHACKO MATHEWS K.
SRI.T.NAVEEN, SC
BY GOVERNMENT PLEADER SRI.SYAMANTHAK B.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.5889/2021
3
JUDGMENT
Dated this the 5th day of August, 2021
The petitioner has filed this writ petition seeking for
a direction to the 3rd and 5th respondent to close down the
Industrial Unit of the 7 th respondent's automobile workshop on
the strength of Ext.P4 Acknowledgment Certificate, but without
obtaining requisite consent from the Kerala State Pollution
Control Board.
2. When this writ petition came up for hearing today,
the learned counsel representing the 7 th respondent submitted
that the Unit of the 7 th respondent had to be closed down
pursuant to the orders of the 5th respondent-Corporation,
which has issued a Stop Memo.
3. The learned counsel for the 7th respondent submits
that the 7th respondent proposes to challenge those
WP(C).No.5889/2021
proceedings of the Thrissur Municipal Corporation.
Be that as it may, the grievance of the petitioner
raised in this writ petition has now stands redressed in view of
the proceedings taken by the 5 th respondent-Corporation. This
Court therefore find no reason to pass any orders in this writ
petition. Accordingly, this writ petition is closed as infructuous
in view of the subsequent developments.
Sd/-
N. NAGARESH
JUDGE
SR
WP(C).No.5889/2021
APPENDIX OF WP(C) 5889/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE REPRESENTATION
DATED 14/9/2020 SUBMITTED BY THE
PETITIONER BEFORE THE RESPONDENTS 3 TO
EXHIBIT P2 THE TRUE COPY OF THE ENQUIRY REPORT
DATED 9/10/2020 ISSUED BY THE HEALTH
INSPECTOR, CIRCLE-1, THRISSUR MUNICIPAL
CORPORATION.
EXHIBIT P3 THE TRUE COPY OF THE REPLY DATED
18/11/2020 ISSUED BY THE PUBLIC
INFORMATION OFFICER, THRISSUR
CORPORATION.
EXHIBIT P4 THE TRUE COPY OF THE ACKNOWLEDGMENT
CERTIFICATE ISSUED BY THE SIXTH
RESPONDENT TO THE SEVENTH RESPONDENT
DATED 14/10/2020.
EXHIBIT P5 THE TRUE COPY OF THE NOTIFICATION DATED
31/8/2016 ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD.
EXHIBIT P6 THE TRUE COPY OF THE KERALA MICRO SMALL
AND MEDIUM ENTERPRISES FACILITATION ACT
2019.
