Peethambaran Nair vs The District Collector
2021 Latest Caselaw 23670 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                        WP(C) NO. 28053 OF 2019
PETITIONER:

          PEETHAMBARAN NAIR
          AGED 75 YEARS
          S/O. KRISHNAN NAIR, 15/175, RATNAMANDIRAM, KARIPOOR
          P.O., NEDUMANGAD, THIRUVANANTHAPURAM.
          BY ADV M.R.SARIN


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          COLLECTORATE, TRIVANDRUM, PIN-695 001.
    2     TAHASILDAR/EXECUTIVE MAGISTRATE TALUK OFFICE
          NEDUMANGAD, THIRUVANANTHAPURAM, PIN-695 012.
    3     CIRCLE INSPECTOR OF POLICE
          CIRCLE OFFICE NEDUMANGAD,
          TRIVANDRUM, PIN - 695 012.
    4     THE SUB INSPECTOR OF POLICE
          VALIYAMALA POLICE STATION,
          VALIYAMALA,
          TRIVANDRUM,PIN - 695 018.
    5     THE VILLAGE OFFICER
          VILLAGE OFFICE, KARIPOOR,
          NEDUMANGAD,
          TRIVANDRUM, PIN-695 012.
    6     K.C.JHON,
          AGED 1 YEARS
          BETHAL HOUSE, KARATHALA,
          KARIPOOR PO, NEDUMANGAD,
          THIRUVANANTHAPURAM,PIN-695012.
    7     NEDUMANGAD MUNICIPALITY
          REPRESENTED BY ITS SECRETARY,NEDUMANGAD,
          TRIVANDRUM,PIN -695 012.
    8     ENVIRONMENTAL ENGINEER
          POLLUTION CONTROL BOARD,
          TRIVANDRUM, PIN - 695 012.
    9     ADDL.R9. MATHEW P.M.
          BETHAL HOUSE KARATHALA, KARIPOOR P.O., NEDUMANGAD
          THIRUVANANTHAPURAM - 695004.
          ADDL.R9 IS IMPLEADED AS PER ORDER DATED 16.03.2020 IN
          IA NO.1/2020.
          BY ADVS.
 WP(C).No.28053 OF 2019

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            SRI.GEORGE ABRAHAM PACHAYIL
            SMT.JEBI MATHER HISHAM
            SRI.TOMS MATHEW


            JACOB E SIMON- GOVERNMENT PLEADER



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.28053 OF 2019

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                            JUDGMENT

Dated this the 30th day of November 2021

This Court had by interim order dated

17.02.2020, required the petitioner to immediately

implead the affected church, through its pastor.

The said direction does not appear to have been

complied with by the petitioner.

In the above view of the matter and in

view of the admitted fact that the petitioner has not

impleaded the church through its pastor, the writ

petition is dismissed without prejudice to the right

of the petitioner to approach the appropriate

authorities with the church on the party array, in

case there is any sound pollution or problem faced

by the petitioner.

Sd/-

ANU SIVARAMAN JUDGE SSK/30/11 WP(C).No.28053 OF 2019

APPENDIX

PETITIONER'S EXHIBITS:

THE TRUE COPY OF THE ORDER PASSED BY THE 2ND EXHIBIT P1 RESPONDENT ON 20.06.2018. THE TRUE COPY OF THE REPRESENTATION FILED BY EXHIBIT P2 THE PETITIONER TO THE 1ST RESPONDENT ON 16.04.2019.

THE TRUE COPY OF LETTER ISSUED BY THE 5TH EXHIBIT P3 RESPONDENT TO PETITIONER ON 24.09.2018.

RESPONDENTS' EXHIBITS: NIL

SSK //TRUE COPY// PA TO JUDGE