Babu C.N vs The Environmental Engineer
2022 Latest Caselaw 3901 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                        WP(C) NO. 12249 OF 2022
PETITIONERS:

    1     BABU   C.N
          AGED   58 YEARS
          S/O.   NARAYANAN NAIR, CHEERAKOMBIL HOUSE, VAZHITHALA
          P.O,   THODUPUZHA, IDUKKI DISTRICT, PIN - 686683.

    2     VIBIN C. SOMAN
          AGED 40 YEARS
          S/O. SOMAN, CHATHENKALLEL HOUSE, VAZHITHALA P.O,
          THODUPUZHA, IDUKKI DISTRICT, PIN - 686683.

    3     SAJEEVKUMAR M.G,
          AGED 40 YEARS
          S/O. GOPALAN NAIR, MADATHIL HOUSE, VAZHITHALA P.O,
          THODUPUZHA, IDUKKI DISTRICT, PIN - 686683.

    4     SUNIL P.S.,
          AGED 46 YEARS
          S/O. SREEDHARAN, CHATHENKALLEL HOUSE, VAZHITHALA P.O,
          THODUPUZHA, IDUKKI DISTRICT, PIN - 686683.

    5     ABIN C.S,
          AGED 35 YEARS
          S/O. SOMAN, CHATHENKALLEL HOUSE, VAZHITHALA P.O,
          THODUPUZHA, IDUKKI DISTRICT, PIN - 686683.

          BY ADV T.U.SUJITH KUMAR



RESPONDENTS:

    1     THE ENVIRONMENTAL ENGINEER
          DISTRICT OFFICE, KERALA STATE POLLUTION CONTROL BOARD,
          ESSAREN BUILDING, AANAKOODU JUNCTION, THODUPUZHA,
          IDUKKI DISTRICT, PIN - 685584.

    2     VEENA EBI
          PONNATT HOUSE, VAZHITHALA P.O, PURAPPUZHA, THODUPUZHA,
          IDUKKI DISTRICT, PIN - 685583.


OTHER PRESENT:
 WP(C) NO. 12249 OF 2022

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             SMT PRINCY XAVIER-SR.G.P




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12249 OF 2022

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                              JUDGMENT

This writ petition is filed seeking directions to the 1 st

respondent to consider Ext.P5 complaint and to take immediate

measures to control the pollution caused by the farm run by the

2nd respondent.

2. It is submitted by the learned counsel for the petitioners

that complaints have been submitted by the petitioners before

various authorities and Ext.P4 reply would show that the

complaints raised by the petitioners are borne out by inspections

conducted. The petitioners, therefore, preferred Ext.P5 complaint

before the 1st respondent and seeks a consideration thereof.

Having heard the learned standing Counsel appearing for

the 1st respondent as well, there will be a direction to the 1 st

respondent to take up Ext.P5 complaint preferred by the

petitioners and to consider and pass orders on the same, with

notice to the petitioners as well as the 2 nd respondent and any

other affected parties. Appropriate orders shall be passed after WP(C) NO. 12249 OF 2022

hearing the parties within a period of six weeks from the date of

receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 12249 OF 2022

APPENDIX OF WP(C) 12249/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE REPRESENTATION DATED 24.02.2020 SUBMITTED BEFORE THE PURAPPUZHA GRAMA PANCHAYAT.

Exhibit P2 A TRUE COPY OF THE MASS REPRESENTATION DATED 08.02.2021 SUBMITTED BEFORE THE DISTRICT COLLECTOR, IDUKKI.

Exhibit P3 A TRUE COPY OF THE APPLICATION DATED 08.02.2022 SUBMITTED UNDER RTI ACT.

Exhibit P4 A TRUE COPY OF THE REPLY RECEIVED UNDER RTI ACT.

Exhibit P5 A TRUE COPY OF THE COMPLAINT FILED BEFORE THE 1ST RESPONDENT.