Neethu [email protected] Kurian vs The District Collector
2021 Latest Caselaw 21404 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                         WP(C) NO. 17148 OF 2021
PETITIONER:


              NEETHU [email protected] KURIAN
              AGED 38 YEARS
              W/O JOSHI,
              MANJAPALLIL HOUSE,
              THAVINJAL, VIMALANGAR P.O,
              MANANTHAVADY-670645.
              BY ADV BIJU ABRAHAM

RESPONDENTS:


     1        THE DISTRICT COLLECTOR
              COLLECTORATE,
              CIVIL STATION, WAYANAD-673020.

     2        THAVINHAL GRAMA PANCHAYATH
              THALAPUZHA P.O, MANANTHAVADY,
              WAYANAD-670644.
              REPRESENTED BY ITS SECRETARY.

     3        KERALA STATE POLLUTION CONTROL BOARD
              DISTRICT OFFICE, WAYANAD,
              JASAM COMPLEX, PINANGODE ROAD, KALPETTA-673121.
              REPRESENTED BY THE ENVIRONMENTAL ENGINEER.

     4        DISTRICT MEDICAL OFFICER OF HEALTH
              CITY GOVERNMENT OFFICE, MANANTHAVADY-670645.

     5        SANGAMAM FARMER'S CLUB
              VIMALANAGAR P.O,
              MANANTHAVADY-670645,
              REPRESENTED BY ITS SECRETARY.

     6        MATHEW P.T.
              AGED 50 YEARS
              FATHERS NAME NOT KNOWN TO THE PETITIONER,
 WP(C) NO. 17148 OF 2021             2



             PUTHIYAKUNNEL HOUSE, VIMALANAGAR P.O,
             MANANTHAVADY-670645.

             BY ADVS.
             SANTHARAM.P
             K.B.ARUNKUMAR
             POOJA K.S.



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17148 OF 2021                   3




                                     JUDGMENT

This writ petition is filed seeking directions to the respondents 1

to 4 to stop the illegal operation of flour mill and oil mill in the

building of the 5th respondent near to the petitioner's residence.

2. The learned standing counsel appearing for the 2 nd

respondent as well as the learned counsel appearing for the 5 th

respondent specifically contended that no flour mill or oil mill is being

conducted in the premises at present and that the statutory

applications for permissions and licence for conducting of such flour

mill and oil mill are only under the consideration of the relevant

authorities.

3. The learned counsel for the 3rd respondent submits that

consent to operate has been issued by the competent authority of

the 3rd respondent to the 5th respondent. It is submitted by the

learned counsel appearing for the 5th respondent that the mill will

start functioning only after obtaining all relevant permissions as well

as licences, as required in law.

In the above view of the matter, I am of the opinion that the

prayers sought for are not liable to be granted. The submission that

the flour mill/oil mill has not started functioning and that it will

function only with all due licences and permissions is recorded.

Accordingly, the writ petition is closed.

Sd/-

ANU SIVARAMAN

JUDGE

ska

APPENDIX OF WP(C) 17148/2021

PETITIONER EXHIBITS

Exhibit P1 THE PHOTOGRAPHS SHOWING THE RESIDENCE OF THE PETITIONER AND THE BUILDING OF THE 5TH RESPONDENT.

Exhibit P2 THE BIRTH CERTIFICATE OF THE ELDER DAUGHTER OF THE PETITIONER NAMED ANN LIYA JOSHI DATED 19.10.2012.

Exhibit P3 THE BIRTH CERTIFICATE OF THE 2ND CHILD OF THE PETITIONER NAMED ANSON JOSHI DATED 20.02.2020.

Exhibit P4 THE BIRTH CERTIFICATE OF THE 3RD CHILD OF THE PETITIONER DATED 03.08.2021.

Exhibit P5 A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.T.P.BALAGOPALAN DATED 03.08.2021 IN FAVOUR OF THE FATHER OF THE PETITIONER.

Exhibit P6 A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.T.P.BALAGOPALAN DATED 03.08.2021 IN FAVOUR OF THE MOTHER OF THE PETITIONER.

Exhibit P7 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 1 TO 4 DATED 12.07.2021.

Exhibit P8 A TRUE COPY OF THE COMMUNICATION DATED 12.07.2021 OF THE 3RD RESPONDENT.

Exhibit P9 A TRUE COPY OF THE COMMUNICATION GIVEN BY THE 2ND RESPONDENT TO THE PETITIONER DATED 26.07.21

RESPONDENT EXHIBITS

Exhibit R2(A) PHOTOCOPY OF COMMUNICATION RECEIVED FROM THE OFFICE OF ASSISTANT ENGINEER, ELECTRICAL, KSEB DATED 26.08.2021.