Kerala High Court
Velayudhan K.N vs State Of Kerala on 7 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 7TH DAY OF JULY 2021/16TH ASHADHA, 1943
WP(C) NO. 25869 OF 2020
PETITIONERS:
1 VELAYUDHAN K.N.,S/O.NARAYANAN,
AGED 72 YEARS, RESIDING AT KUNJAAT,
NJARAKKATTUMOOLA, EDATHALA, ALUVA,
ERNAKULAM - 683 561.
2 SIVAN M.P., S/O.PALLIPADAN,
AGED 50 YEARS, RESIDING AT MALIKA NADAKKAL,
NJARAKKATTUMOLLA, EDATHALA, ALUVA,
ERNAKULAM - 683 561.
3 SANU K.A., S/O.AYYAPPAN,
AGED 34 YEARS, RESIDING AT KUNJAAT,
NJARAKKATTUMOOLA, EDATHALA, ALUVA,
ERNAKULAM - 683 561.
4 SAJEESH D., S/O.ABDUL SALAM,
AGED 38 YEARS, RESIDING AT UTHIRAMALAKKAL,
NJARAKKATTUMOLLA, EDATHALA, ALUVA,
ERNAKULAM - 683 561.
5 ANIL K.G., S/O.GOVINDAN,
AGED 44 YEARS, RESIDING AT KUNJAAT,
NJARAKKATTUMOLLA, EDATHALA, ALUVA,
ERNAKULAM - 683 561.
6 KUNJAN K.G., S/O.GOVINDAN,
AGED 61 YEARS, RESIDING AT KUNJAAT,
NJARAKKATTUMOLLA, EDATHALA, ALUVA,
ERNAKULAM - 683 561.
7 MUHAMMED C.M., S/O.MARAKKAR,
AGED 59 YEARS, RESIDING AT CHATHANJIMOOLA,
NJARAKKATTUMOLLA, EDATHALA, ALUVA,
ERNAKULAM - 683 561.
WP(C) No.25869/2020
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8 ABOOBACKER C.M., S/O.MOOSA,
AGED 59 YEARS, RESIDING AT CHATHANJIMOOLA,
NJARAKKATTUMOLLA, EDATHALA, ALUVA,
ERNAKULAM - 683 561.
9 MUHAMMED C.C., S/O.CHEVUKUNJU,
AGED 55 YEARS, RESIDING AT CHATHANJIMOOLA,
NJARAKKATTUMOLLA, EDATHALA, ALUVA,
ERNAKULAM - 683 561.
10 HASSAINAR C.C., S/O.CHEVUKUNJU,
AGED 53 YEARS, RESIDING AT CHATHANJIMOOLA,
NJARAKKATTUMOLLA, EDATHALA, ALUVA,
ERNAKULAM - 683 561.
11 JITHIN K.C., S/O.CHANDRAN,
AGED 36 YEARS, RESIDING AT KUNJAAT,
NJARAKKATTUMOLLA, EDATHALA, ALUVA,
ERNAKULAM - 683 561.
12 MANIKUTTAN M.T., S/O.THEVAN,
AGED 55 YEARS, RESIDING AT MALIKA NADAKKAL,
NJARAKKATTUMOLLA, EDATHALA, ALUVA,
ERNAKULAM - 683 561.
13 JOY CHATHUNKAL, S/O.VARKEY,
AGED 52 YEARS, RESIDING AT CHATHUNKAL,
NJARAKKATTUMOLLA, EDATHALA, ALUVA,
ERNAKULAM - 683 561.
14 REJI K.N., S/O.NARAYANAN,
AGED 41 YEARS, RESIDING AT KUNJAAT,
NJARAKKATTUMOLLA, EDATHALA, ALUVA,
ERNAKULAM - 683 561.
15 K.N.SUDHAKARAN, S/O.NARAYANAN,
AGED 64 YEARS, RESIDING AT KUNJAAT,
NJARAKKATTUMOLLA, EDATHALA, ALUVA,
ERNAKULAM - 683 561.
BY ADVS.
NIRMAL V NAIR
SHRI.AKHIL ALPHONSE G.
WP(C) No.25869/2020
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RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF LOCAL SELF
GOVERNMENT INSTITUTIONS, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT COLLECTOR,
CIVIL STATION, KAKKANAD,
ERNAKULAM - 682 030.
3 THE ENVIRONMENTAL ENGINEER,
POLLUTION CONTROL BOARD,
DISTRICT OFFICE-I, ERNAKULAM,
KADAVANTHARA, MIG AND HIG COLONY,
GANDHI NAGAR, ELAMKULAM,
ERNAKULAM, KERALA - 682 020.
4 EDATHALA GRAMA PANCHAYAT
ALUVA - PUKKATTUPADY RD.,
EDATHALA, ALUVA, KERALA - 683 563,
REPRESENTED BY ITS SECRETARY.
5 THE SECRETARY, EDATHALA GRAMA PANCHAYAT
ALUVA - PUKKATTUPADY RD, EDATHALA,
ALUVA, KERALA - 683 563.
6 THE STATION HOUSE OFFICER,
EDATHALA POLICE STATION, EDATHALA,
ALUVA, ERNAKULAM - 683 561.
7 ABOOBACKER CHATHANAJIMOOLA
RESIDING AT CHATHANJIMOOLA,
KUZHIVELYPADY, EDATHALA, ALUVA,
ERNAKULAM - 683 561.
8 LATHEEF CHATHANANJIMOOLA
RESIDING AT CHATHANJIMOOLA,
KUZHIVELYPADY, EDATHALA, ALUVA,
ERNAKULAM- 683 561.
WP(C) No.25869/2020
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9 MUHAMMADALI CHATHANANJIMOOLA
RESIDING AT CHATHANJIMOOLA,
KUZHIVELYPADY, EDATHALA, ALUVA,
ERNAKULAM - 683 561.
BY ADVS.
GOVERNMENT PLEADER SMT.RANJITA, R1,R2 & R6
ADV.SRI.T.NAVEEN, SC FOR R3
SHRI.RAAJESH S.SUBRAHMANIAN, SC, R4 & R5
SRI.I.DINESH MENON, R7-R9
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.25869/2020
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JUDGMENT
~~~~~~~~~
Dated this the 7th day of July, 2021
This writ petition was filed by the petitioners
seeking to direct respondents 1 to 3 to consider Exts.P8, P2
and P7 respectively forthwith in accordance with law and pass
appropriate orders to close down the unlicensed and
unauthorised slaughter house owned and operated by the
party respondents in violation of the law, as expeditiously as
possible, within a time frame.
2. The grievance of the petitioners is that the illegal
and unauthorised slaughter house being run by the 8th
respondent is causing environmental pollution due to the
dumping of waste and effluent from the slaughter house in the
nearby paddy field causing hardship to the residents of the
locality.
WP(C) No.25869/2020
3. When this writ petition came up for hearing today,
the learned counsel for the 7 th respondent as well as the
learned Standing Counsel appearing for respondents 4 and 5
submitted that pursuant to the orders of this Court and
pursuant to a contempt proceedings COC No.430/2021
initiated by the 1st petitioner, the 7th respondent has already
stopped the functioning of the slaughter house.
In view of the said submission, the cause of action
in this writ petition does not survive. Accordingly, the writ
petition is disposed of making it clear that if the petitioners
have any subsisting grievance, they will be at liberty to
approach the appropriate authorities in accordance with law.
Sd/-
N. NAGARESH, JUDGE
aks/07.07.2021
WP(C) No.25869/2020
APPENDIX OF WP(C) 25869/2020
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE
ACCUMULATION OF WASTE IN THE PADDY FIELD
AND THE ACT OF DUMPING WASTE IN THE PADDY
FIELD.
EXHIBIT P2 A TRUE COPY OF THE RECEIPT DATED 02/03/2020
ISSUED BY THE 4TH RESPONDENT TO THE 8TH
PETITIONER.
EXHIBIT P3 A TRUE COPY OF THE RECEIPT DATED 13/03/2020
ISSUED BY THE 4TH RESPONDENT TO THE 7TH
PETITIONER.
EXHIBIT P4 A TRUE COPY OF THE RECEIPT DATED 06/03/2020
ISSUED FROM THE OFFICE OF THE 2ND
RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED
20/02/2020 SUBMITTED BY THE PETITIONERS
BEFORE THE HEALTH OFFICER.
EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED NIL
SUBMITTED BEFORE THE EDATHALA POLICE
STATION.
EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION DATED NIL
ALONG WITH THE RECEIPT DATED 09/11/2020
ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION DATED NIL
ALONG WITH THE RECEIPT DATED 10/11/2020
ISSUED BY THE 3RD RESPONDENT.
ncd
