T.Sasidharan Nair vs The State Of Kerala
2021 Latest Caselaw 6875 Ker

WP(C).No.5068 OF 2021(G)
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942

                       WP(C).No.5068 OF 2021(G)


PETITIONER/S:

      1         T.SASIDHARAN NAIR
                AGED 72 YEARS
                SARASWATHY BHAVAN, KAVALAKULAM, NILAMELWARD,
                R C STREET, NEYYATTINKARA P.O., THIRUVANANTHAPURAM,
                PIN-695121.

      2         SARASWATHY AMMA
                SARASWATHY BHAVAN, KAVALAKULAM, NILAMELWARD,
                R C STREET, NEYYATTINKARA P.O., THIRUVANANTHAPURAM,
                PIN-695121.

                BY ADVS.
                SRI.V.G.ARUN (K/795/2004)
                SMT.V.JAYA RAGI
                SRI.R.HARIKRISHNAN (KAMBISSERIL)
                SRI.NEERAJ NARAYAN

RESPONDENT/S:

      1         THE STATE OF KERALA
                REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME
                AFFAIRS, SECRETARIAT,
                THIRUVANANTHAPRUAM-695001.

      2         DISTRICT COLLECTOR
                COLLECTORATE, KUDAPPANAKUNNU, PEROORKADA,
                THIRUVANANTHAPRUAM-695043.

      3         SUPERINTENDENT OF POLICE(RURAL)
                THIRUVANANTHAPURAM, KURAVANKONAM, KAWDIAR,
                THIRUVANANTHAPURAM-695004.

      4         DEPUTY SUPERINTENDENT OF POLICE
                NEYYATTINKARA,
                OFFICE OF THE D.Y.S.P., NEYYATINKARA,
                CIVIL STATION, NEYYATTINKARA,
                THIRUVANANTHAPURAM-695121.
 WP(C).No.5068 OF 2021(G)
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      5      NEYYATINKARA MUNICIPALITY, REPRESENTED BY ITS
             SECRETARY, MUNICIPAL OFFICE NEYYATTINKARA,
             THIRUVANANTHAPURAM-695121.

      6      SECRETARY
             NEYYATTINKARA MUNICIPALITY, MUNICIPAL OFFICE,
             NEYYATTINKARA, THIRUVANANTHAPURAM-695121.

      7      AMALOLBHAVAMATHAVU CHURCH
             REPRESENTED BY VICAR OF THE CHURCH, NILAMEL WARD,
             R C STREET, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN-
             695121.


OTHER PRESENT:

             SMT.VINITHA, GP,,
             SRI.R.T.PRADEEP,SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5068 OF 2021(G)
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                                 JUDGMENT

Dated this the 26th day of February 2021

The petitioners are aggrieved by the inaction of the

respondents on their complaint against the 7th respondent. It is

stated that the 7th respondent has constructed a shed which is

stated to be 5 meters away from the petitioners' residential

building. It is stated that on account of the sound pollution,

the petitioners and their only daughter who is a cancer patient

are unable to live in their house peacefully. It is stated that

though a direction was issued to the 3rd respondent, by this

Court no action is taken. It is also stated that on the basis of

Ext.P5 information collected by the petitioners as against

Ext.P4 application furnished under the Right to Information Act

it is seen that the 7th respondent is offering prayers in a shed

which has been given regularization as a coaching centre.

2. Pointing out all these petitioners have submitted Ext.P8

complaint before the District Collector. Therefore it is only

appropriate to direct the 2nd respondent to consider the

complaint of the petitioners with notice to all the parties who

are likely to be affected.

The Writ Petition is therefore disposed of, with a

direction to the 2nd respondent to consider Ext.P8 complaint of

petitioners and to take a decision on the same after affording WP(C).No.5068 OF 2021(G)

an opportunity of hearing to the petitioners as well as the 7 th

respondent within a period of two months from the date of

receipt of a copy of the judgment.

Sd/-

                                                  P.V.ASHA

rkc                                                JUDGE
 WP(C).No.5068 OF 2021(G)


                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           THE TRUE COPY OF THE JUDGMENT OF THE HON'BLE

HIGH COURT OF KERALA IN WPC NO. 7195/2020 DATED 10.03.2020.

EXHIBIT P2 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE SUPERINTENDENT OF POLICE RURAL, THIRUVANANTHAPURAM DATED 15.12.2020.

EXHIBIT P3 THE TRUE COPY OF ACKNOWLEDGEMENT RECEIPT ISSUED BY THE OFFICE OF THE SUPERINTENDENT OF POLICE RURAL, THIRUVANANTHAPURAM ACKNOWLEDING RECEIPT OF EXT. P2 COMPLAINT.

EXHIBIT P4 THE TRUE COPY OF THE APPLICATION FILED BY THE 1ST PETITIONER BEFORE THE SECRETARY OF NEYYATTINKARA MUNICIPALITY AS PER THE PROVISIONS OF THE RIGHT TO INFORMATION ACT,2005.

EXHIBIT P5 THE TRUE COPY OF THE REPLY GIVEN BY THE SECRETARY OF NEYYATTINKARA MUNICIPALITY TO EXT. P4 QUERY

EXHIBIT P6 THE TRUE COPY OF THE COMPLAINT DATED 04.11.2020 FILED BY THE 1ST PETITIONER BEFORE THE SECRETARY, NEYYATTINKARA MUNICIPALITY.

EXHIBIT P7 THE TRUE COPY OF THE INTIMATION DATED 23.12.2020 NO. H1/16769/2020 ISSUED BY THE HEALTH SUPERVISOR OF THE NEYYATTINKARA MUNICIPALITY.

EXHIBIT P8 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE DISTRICT COLLECTOR THIRUVANANTHAPURAM ON 15.12.2020.

EXHIBIT P9 THE TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE OFFICE OF THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM ACKNOWLEDGING RECEIPT OF EXT.P8.

EXHIBIT P10 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE DEPUTY SUPERINTENDENT OF POLICE NEYYATTINKARA DATED 12.01.2021.

EXHIBIT P11          THE TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT
                     ISSUED   BY    THE    OFFICE    OF  THE   DEPUTY
                     SUPERINTENDENT     OF     POLICE   NEYYATTINKARA

ACKNOWLEDGING RECEIPT OF EXT.P10.