Kerala High Court
M.C.Alias vs The Revenue Divisional Officer on 2 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA,
1944
WP(C) NO. 26953 OF 2012
PETITIONER/S:
M.C.ALIAS,
AGED 50 YEARS
S/O.CHERIAN, MOOLAMKUZHIYIL HOUSE, MARADY
VILLAGE, MUVATTUPUZHA TALUK ERNAKULAM DISTRICT.
BY ADVS.
SRI.JOBY JACOB PULICKEKUDY
SRI.ANIL GEORGE
SRI.T.ANCY
SRI.K.S.SUMEESH
RESPONDENT/S:
1 THE REVENUE DIVISIONAL OFFICER
MUVATTUPUZHA, ERNAKULAM DISTRICT,
PIN-686661.
2 THE KERALA POLLUTION CONTROL BOARD
REP.BY ITS ENVIRONMENTAL ENGINNER
GANDHI NAGAR, ERNAKULAM DISTRICT PIN-682020.
3 THE VILLAGE OFFICE
MARADY, MUVATTUPUZHA
ERNAKULAM DISTRICT PIN-686661.
4 SHANS PAUL
AGED ABOUT 33 YEARS, S/O.LATE PAUL
KOCHUKUDIYIL HOUSE MARADY,
MUVATTUPUZHA ERNAKULAM DISTRICT PIN-686673.
BY ADVS.
SRI.V.G.ARUN
SRI.T.R.HARIKUMAR
-2-
W.P.(C). No. 26953 of 2012
OTHER PRESENT:
SRI.T.R HARIKUMAR FOR R4
T.NAVEEN,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
W.P.(C). No. 26953 of 2012
P.V.KUNHIKRISHNAN, J.
======================================================
W.P.(C) No.26953 of 2013
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Dated this the 2nd day of December, 2022
JUDGMENT
The above writ petition is filed with following prayers:
i) Issue a writ of certiorari or any appropriate writ calling
for the entire records relating to Exhibit P3 and quash the
same.
ii) Issue a writ of mandamus or any appropriate writ
order or direction commanding the 1" respondent to take
action on Exhibit P1 and P2 forthwith.
iii) Issue a writ of mandamus or any appropriate writ
order or direction commanding the 2nd respondent to
conduct inspection in the matter and to take appropriate
action for stopping the illegal dumping of waste materials
by the 4th respondent. And
iv) grant full cost to the petitioner for the institution and
conduct of this writ petition." (sic)
2. The petitioner is a resident of Marady Grama
Panchayat. It is the case of the petitioner that the 4 th respondent
is running a crusher unit within 76 meters from the residence of
the petitioner. The property of the 4th respondent is lying in
W.P.(C). No. 26953 of 2012
higher level. According to the petitioner, the 4 th respondent
removed rocks from his property of 3 acres which made all the
wells in the locality empty and caused serious drinking water
problem. It is also the case of the petitioner that the large ponds
are formed. It is also stated that the 4 th respondent brought
chemical waste to dump into the large ponds, which also creates
pollution. Hence this writ petition is filed.
3. This writ petition is pending before this Court from
2012 onwards. No interim order is passed in this case.
4. The counsel for the 4th respondent submitted that
Ext.P3 stop memo is already is vacated based on the inspection
conducted by the 1st respondent.
5. Hence if there is any surviving grievance, the
petitioner is free to approach the competent authority among the
respondents with appropriate representation, and if any such
representation is received, the appropriate authority will consider
W.P.(C). No. 26953 of 2012
the same, after giving an opportunity of hearing to the petitioner
and the 4th respondent.
With the above observation, this writ petition is closed.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
