Kerala High Court
John G.V vs The State Of Kerala on 7 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
WP(C) NO. 13155 OF 2022
PETITIONER:
JOHN G.V
AGED 46 YEARS
S/O. NJANADAS, SARANGI BHAVAN, PARASSALA VILLAGE,
PARASUVAIKAL P.O., THIRUVANANTHAPURAM-695122.
BY ADVS.
S.KRISHNA
GOVIND R.
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ASSISTANT ENGINEER,
LOCAL SELF GOVERNMENT DEPARTMENT,
SUCHITWA MISSION, SWARAJ BHAVAN,
BASE FLOOR (-1), NANTHANCODE, KOWDIAR P.O.,
THIRUVANANTHAPURAM-695003.
2 KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ENVIRONMENTAL ENGINEER,
DISTRICT OFFICE, PLAMOODU JUNCTION, PATTOM P.O.,
TRIVANDRUM-695004.
3 PARASSALA GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
PARASSALA VELLARADA RD., PARASSALA, KERALA-695502.
4 KERALA WATER AUTHORITY
REPRESENTED BY ASSISTANT ENGINEER,
WATER SUPPLY SECTION, PARASSALA, KERALA-695502.
5 VARDHANAN,
AGED 55 YEARS
LEKHA SADANAM, PARASSALA VILLAGE, PARASUVAIKAL P.O.,
THIRUVANANTHAPURAM -695122.
SMT.PRINCY XAVIER-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13155 OF 2022 2
JUDGMENT
This writ petition is filed seeking the following reliefs: -
i) To call for records leading to Ext. P1 sanction plan dated 14.01.2022
issued by the 3rd respondent and quash the same, by issuing a writ or
any other appropriate direction or order.
ii) To direct the respondents to take up Exts P2 to P4 representations
and afford an opportunity of hearing to the petitioner or any other
representative of the local community and take necessary action
thereinafter, to redress their grievance before going ahead with the
construction activity of the Resource Recovery Centre, within a time
limit stipulated by this Hon'ble Court.
iii) To direct the respondents to keep in abeyance the proposed
construction of the Resource Recovery Centre, till a decision is taken in
the Exts P2 to P4 representations dated 07.03.2022.
2. Heard the learned counsel for the petitioner, the
learned Government Pleader and the learned Standing counsel
appearing for the 2nd respondent and the learned counsel for the
4th respondent.
3. In the light of the directions being issued notice to the
3 and 5 respondents is dispensed with.
3. It is submitted by the learned counsel for the petitioner
that the petitioner has preferred Ext.P2, P3 and P4
representations before the respondents 3, 2 and 4 with regard to
the location of a resource recovery centre near the only source of
drinking water of the residents of the Panchayath. It is submitted
that the same is liable to be considered in accordance with law.
4. Having heard the learned counsel on all sides , there
will be a direction to the 2nd respondent to take up Ext.P3
representation filed by the petitioner and consider and pass
orders on the same, with notice to the petitioner, as well as
respondents 3 to 5 and any other affected parties. Appropriate
orders shall be passed within a period of six weeks from the
date of receipt of a copy of this judgment.
Sd/-
ANU SIVARAMAN
JUDGE
ska
APPENDIX OF WP(C) 13155/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SANCTION PLAN FOR THE
RESOURCE RECOVERY CENTRE CONSTRUCTION SO
227/22 DATED 14.1.2022.
Exhibit P2 A TRUE COPY OF THE REPRESENTATION PREFERRED
BEFORE THE 3RD RESPONDENT DATED 7.3.2022.
Exhibit P3 A TRUE COPY OF THE REPRESENTATION BEFORE THE
2ND RESPONDENT DATED 7.3.2022 ALONG WITH
ACKNOWLEDGMENT.
Exhibit P4 A TRUE COPY OF THE REPRESENTATION BEFORE THE
4TH RESPONDENT DATED 7.3.2022.
