Subramanian vs Kappur Grama Panchayat
2021 Latest Caselaw 14732 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                        WP(C) NO. 27316 OF 2016
PETITIONER/S:

          SUBRAMANIAN U.K.,
          AGED 46 YEARS,
          S/O. CHATHA,URRATHKUZHIAL, KUMARANELLOR,CHEKKODE,
          ANAKKARA P.O.,PALAKKAD DISTRICT - 679 551.

          BY ADVS.
          SRI.RAJIT
          SMT.V.VIJITHA


RESPONDENT/S:

    1     KAPPUR GRAMA PANCHAYAT
          P.O.KUMARANALOOR, PALAKKAD DISTRICT,PIN - 679 552, REP.
          BY THE SECRETARY.

    2     THE SECRETARY
          KAPPUR GRAMA PANCHAYATH,P.O.KUMARANALOOR, PALAKKAD
          DISTRICT,PIN - 679 552.

    3     KERALA STATE POLLUTION CONTROL BOARD
          DISTRICT OFFICE, PALAKKAD - 678 001,REPRESENTED BY THE
          ENVIRONMENTAL ENGINEER.

    4     THE DISTRICT MEDICAL OFFICER
          PALAKKAD - 678 001.

    5     SUPRABHA V.S
          PULIKKATHARA, CHEKKODE, ANAKKARA P.O.,PALAKKAD, OWNER
          OF M/S. VISPIC INDUSTRIESPIN - 679 551.

          BY ADVS.
          SRI.A.KRISHNAN
          SRI.C.S.MANILAL
          SRI.S.NIDHEESH

          R4 - SRI.SURIN GEORGE IPE,SENIOR GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27316 OF 2016
                                           2

                                      JUDGMENT

This writ petition is filed by the petitioner seeking the following reliefs:-

"a) Call for the records leading up to Ext.P5, and issue a writ of certiorari or any other appropriate writ order or direction quashing Ext.P5 order issued by the 3rd respondent.

b) Issue a Writ of Mandamus or any other appropriate writ order or direction commanding the 2 nd respondent to enforce Ext.P6 stop memo issued by the 2nd respondent against the functioning of industry of the 5th respondent

c) Grant such other relief deemed fit to this Hon'ble Court."

2. The subject issue relates to the alleged pollution caused by an

industrialist and the inaction on the part of the respondents to abate the

nuisance. However, today when the matter was taken up, Adv. Lakshmi

V.Pillai, representing Adv. Rajit, learned Counsel for the petitioner, submitted

that the industry is already shifted to industrial estate and the issue no more

survives.

Therefore, the writ petition is dismissed, recording the above.

Sd/-

SHAJI P.CHALY JUDGE

uu/14.07.2021 WP(C) NO. 27316 OF 2016

APPENDIX OF WP(C) 27316/2016

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE ORDER NO. A6-5354/13 DT.

13.2.2014.

EXHIBIT P2 TRUE COPY OF THE CONSENT ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE MASS PETITION DT. 28.4.2015.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DT. 10.4.2015 IN WPC NO. 11098/2015.

EXHIBIT P5 TRUE COPY OF THE LETTER DT. 16.6.2016 OF THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE LETTER DT. 01.8.2016 OF THE 1ST RESPONDENT.