Kerala High Court
Zeenathu Beevi @ Zeena vs Kizhuvilam Grama Panchayath on 1 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 1ST DAY OF AUGUST 2022 / 10TH SRAVANA, 1944
WP(C) NO. 31716 OF 2013
PETITIONERS:
1 ZEENATHU BEEVI @ ZEENA
D/O.MUHAMMED KASIM, AGED 39 YEARS, THENNOORKONATHU
VILAYIL VEEDU, MUDAPURAM P.O., CHIRAYINKEEZHU,
THIRUVANANTHAPURAM DISTRICT.
2 YOUNUS KUNJU
AGED 58 YEARS
S/O.IBRAHIM KUTTY, THENNOORKONATHU VILAYIL VEEDU,
MUDAPURAM P.O., CHIRAYINKEEZHU, THIRUVANANTHAPURAM
DISTRICT.
BY ADVS.
SRI.M.R.RAJESH
SMT.E.S.SANDHYA
RESPONDENTS:
1 KIZHUVILAM GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, OFFICE OF THE PANCHAYATH,
MUDAPURAM P.O., THIRUVANANTHAPURAM, PIN - 695 314.
2 THE SECRETARY
KIZHUVILAM GRAMA PANCHAYATH, OFFICE OF THE PANCHAYATH,
MUDAPURAM P.O., THIRUVANANTHAPURAM, PIN - 695 314.
3 THE KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY THE ENVIRONMENTAL ENGINEER, DISTRICT
OFFICE, T.C.12/96(4,5) PLAMOODU JUNCTION, PATTOM P.O.,
THIRUVANANTHAPURAM, PIN - 695 004.
4 THE DISTRICT MEDICAL OFFICER (HEALTH),
OFFICE OF THE DISTRICT MEDICAL OFFICER, GENERAL
HOSPITAL COMPLEX, THIRUVANANTHAPURAM.
5 THE INSPECTOR OF FACTORIES AND BOILERS
DISTRICT OFFICE, THIRUVANANTHAPURAM.
6 M.M.BASHEER
PROPRIETOR, SULTHAN INDUSTRIES, THENNOORKONATHU VILAYIL
WP(C) NO. 31716 OF 2013
2
VEEDU, MUDAPURAM P.O., CHIRAYINKEEZHU,
THIRUVANANTHAPURAM DISTRICT.
BY ADVS.
SRI.P.G.PRAMOD
SRI.P.KURUVILLA JACOB
SRI. M.AJAY, SC, KERALA STATE POLLUTION
CONTROL BOARD
SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT
PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 31716 OF 2013
3
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C).No. 31716 of 2013
----------------------------------------------
Dated this the 01st day of August, 2022
JUDGMENT
The above writ petition is filed with the following
prayers:
"(i) Issue a writ in the nature of
mandamus or any other appropriate writ or
direction or order commanding the respondents 1
to 5 to take immediate steps to close down the
Factory/Unit of the 6th respondent manufacturing
Hollow Bricks, Bricks and Tiles using Laterite and
Granite stones functioning in Kizhuvilam
Panchayath in between the petitioners' houses;
(ii) Issue a writ in the nature of
mandamus or any other appropriate writ or
direction or order commanding the 2 nd
respondent to consider and dispose of Ext.P1 in
accordance with law within a short time to be
fixed by this Hon'ble Court,
(iii) Issue a writ in the nature of
mandamus or any other appropriate writ or
direction or order commanding the 3 rd respondent
to take further follow up action in continuation to
Exts. P3, P7 and P8 in accordance with law and
see that the 6th respondent is not functioning his
WP(C) NO. 31716 OF 2013
unit, within a short time to be fixed by this
Hon'ble Court,
(iv) Issue a writ in the nature of
mandamus or any other appropriate writ or
direction or order commanding the 4 th respondent
to take further follow up action in continuation to
Exts. P4 and P9 and to consider and dispose of
Ext.P5 in accordance with law and see that the 6 th
respondent is not functioning his unit, within a
short time to be fixed by this Hon'ble Court,
(v) Issue a writ in the nature of
mandamus or any other appropriate writ or
direction or order commanding the 5 th respondent
to consider and dispose of Ext.P6 in accordance
with law and see that the 6 th respondent is not
functioning his unit, within a short time to be fixed
by this Hon'ble Court,
(vi) Issue such other appropriate writ
direction or order in the circumstances of the
case,
(vii) To award costs."[SIC]
2. When this writ petition came up for
consideration, the counsel appearing for the
petitioners submitted that the 6th respondent is no
more and there is no legal heirs to the 6 th respondent
and the unit is not functioning for the last several
years.
WP(C) NO. 31716 OF 2013
In the light of the above submission, this writ
petition is closed leaving open all the contentions
raised in this writ petition.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 31716 OF 2013
APPENDIX OF WP(C) 31716/2013
PETITIONER EXHIBITS
EXHIBIT P1. A TRUE COPY OF THE
PETITION FILED BY THE PETITIONER
AND ANOTHER TO THE PRESIDENT OF THE
1ST RESPONDENT PANCHAYAT.
EXHIBIT P2. A TRUE COPY OF THE
PETITION DATED 02.03.2012 GIVEN BY
THE 1ST PETITIONER AND THAHIRA TO
THE CHIEF MINISTER'S GRIEVANCE
REDRESSAL CELL.
EXHIBIT P3. A TRUE COPY OF THE
LETTER NO.PCB/TVM-DO/COMP/AE1-
336/2012 DATED 09.04.2012 ISSUED BY
THE 3RD RESPONDENT.
EXHIBIT P4. A TRUE COPY OF THE
LETTER NO.C2-7158/12/DMO DATED
21.04.2012 ISSUED BY THE 4TH
RESPONDENT.
EXHIBIT P5. A TRUE COPY OF THE
PETITION DATED 31.05.2012 FILED THE
1ST PETITIONER BEFORE THE 4TH
RESPONDENT.
EXHIBIT P6. A TRUE COPY OF THE
PETITION DATED 13.06.2012 FILED BY
THE 1ST PETITIONER BEFORE THE 5TH
RESPONDENT.
EXHIBIT P7. A TRUE COPY OF THE
LETTER NO.PCB/TVM-DO/COMP/AE1-
336/2012 DATED 16.06.2012 ISSUED BY
THE 3RD RESPONDENT TO THE 6TH
RESPONDENT.
EXHIBIT P8. A TRUE COPY OF THE
LETTER NO.PCB/TVM-DO/COMP/AE1-
336/2012 DATED 02.07.2012 ISSUED BY
THE 3RD RESPONDENT TO THE 6TH
WP(C) NO. 31716 OF 2013
RESPONDENT.
EXHIBIT P9. A TRUE COPY OF THE
LETTER NO.C2-7158/12/DMO DATED
03.08.2012 ISSUED BY THE 4TH
RESPONDENT.
EXHIBIT P10. A TRUE COPY OF THE
APPLICATION DATED 13.02.2013 OF THE
1ST PETITIONER TO THE 2ND
RESPONDENT UNDER THE RIGHT TO
INFORMATION ACT.
EXHIBIT P11. A TRUE COPY OF THE
LETTER NO.J.S 966/12 DATED
19.02.2013 ISSUED BY THE 2ND
RESPONDENT.
RESPONDENT'S EXHIBITS:
//TRUE COPY//
PA TO JUDGE
