P.Rajendran vs State Of Kerala
2022 Latest Caselaw 9511 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                   WP(C) NO. 20295 OF 2013
PETITIONER:

          P.RAJENDRAN
          THAPASYA, V.P.1/141, UNNITHAN AVENUE,
          PEROORKADA, THIRUVANANTHAPURAM.
          BY ADVS.
          SRI.D.KISHORE
          SMT.MINI GOPINATH

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS CHIEF SECRETRY,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695 001.
    2     THE CHATHANNOOR GRAMA PANCHAYAT
          REPRESENTED BY ITS SECRETARY,
          CHATHANNOOR, KOLLAM-691 572.
    3     THE SECRETARY
          THE CHATHANNOOR GRAMA PANCHAYAT, KOLLAM-691 572.
    4     THE KERALA STATE POLLUTION CONTROL BOARD
          REPRESENTED BY ITS CHIEF ENVIRONEMNTAL ENGINEER,
          REGIONAL OFFICE, PATTOM P.O.,
          THIRUVANANTHAPURAM-695 004.
    5     THE ENVIRONMENTAL ENGINEER
          KERALA STATE POLLUTION CONTROL BOARD, DISTRICT
          OFFICE, USHAS BUILDING, BIG BAZAR, KOLLAM-691 001.
    6     MOHANDAS, S/O BHASKARAN, DAS NIVASZ,
          ADICHANALLOOR P.O., KOLLAM-691 573.
          BY ADVS.VIDYA KURIAKOSE, GP
          SRI.O.D.SIVADAS
          SRI.M.R.SASITH, SRI.T.NAVEEN,SC
          SRI.M.R.ARUNKUMAR, SC, POLLUTION CONTROL BOARD


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.20295/2013

                                      2



                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.20295 of 2013
              ----------------------------------------------
            Dated this the 25th day of August, 2022


                             JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 2 to 5 to take immediate steps to prohibit the functioning of Vishnu Weigh Bridge and Automobile Service Station with Workshop conducted by the 6th respondent and which is being run without valid license from the 3 rd respondent Panchayat and without obtaining clearance from the 5th respondent.

ii. Issue a writ of mandamus or any other appropriate writ, direction or order directing the 3rd respondent to consider Exhibit P4 and take appropriate action against the illegal establishment run by the 6th respondent in building Nos. VP VI-530A and VP VI/1531 of Chathannoor Grama Panchayat, in accordance law.

iii. Grant such other reliefs which this Honourable W.P.(C).No.20295/2013

Court may deem fit and proper in the interest of justice.

(SIC)

2. When this writ petition came up for consideration,

the learned counsel for the petitioner submitted that the writ

petition can be closed leaving open all the contentions raised

in this writ petition and with liberty to approach the

competent authority, if there is any violation.

Therefore, this writ petition is closed, granting liberty to

the petitioner to approach the competent authority, if there is

any further grievance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.20295/2013

APPENDIX OF WP(C) 20295/2013

PETITIONER EXHIBITS EXHIBIT P1: TRUE COPY OF THE PROCEEDINGS NO.C1-3111/13 DATED 26.6.2013 OF THE 3RD RESPONDENT. EXHIBIT P2: TRUE COPY OF THE REQUEST DATED 1.6.2013 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. EXHIBIT P3: TRUE COPY OF THE PROCEEDINGS NO.PCB/KO/EE-55/06 DATED 1.7.2013 OF THE 5TH RESPONDENT. EXHIBIT P4: TRUE COPY OF THE REPRESENTATION DATED 5.8.2013 SUBMITTED BYT HE PETITIONER BEFORE THE 3RD RESPONDENT.