C.K. Surendran vs The Environmental Engineer
2022 Latest Caselaw 8645 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                        WP(C) NO. 28928 OF 2021
PETITIONER:

          C.K. SURENDRAN,
          AGED 60 YEARS,
          S/O. ACHUTHAN, CHERUVATH HOUSE,
          CHORODE P.O, VATALARA, KOZHIKODE - 673 106
          BY ADVS.
          B.KRISHNAN
          R.PARTHASARATHY
          SEEMA


RESPONDENTS:

    1     THE ENVIRONMENTAL ENGINEER,
          KERALA STATE POLLUTION CONTROL BOARD,
          DISTRICT OFFICE, KOZHIKODE, 3RD FLOOR, ZAMORIN'S
          SQUARE, LINK ROAD, KOZHIKODE - 673 002.
    2     THE MEDICAL OFFICER
          FAMILY HEALTH CENTER, CHORODE,
          CHORODE EAST (P.O), VADAKARA,
          KOZHIKODE DISTRICT.
    3     KUNHIMOOSA
          AGED 63 YEARS
          S/O. KUNHI MAMMU, MANIKOTH HOUSE,
          ANIYARAM, POST CHOKLI, KANNUR
          SRI.T.NAVEEN, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28928 OF 2021
                                  2


             P.V.KUNHIKRISHNAN, J.
            ------------------------------
           W.P.(C).No. 28928 of 2021
    ----------------------------------------------
      Dated this the 06th day of July, 2022


                      JUDGMENT

The above writ petition is filed with the

following prayers:

"(i) issue a writ of mandamus or any other appropriate writ order or direction directing the 1st respondent to implement Exhibit P3 & P4 without delay.

(ii) issue such other orders as this Honourable Court may deem fit to grant."[SIC]

2. The main prayer in the writ petition is to

implement Exts.P3 and P4 issued by the Pollution

Control Board. As per the judgment dated

06.07.2022 in W.P.(C)No.30925/2021, this Court

already directed the Pollution Control Board to

inspect the premises and to take appropriate action

in accordance to law.

In the light of the judgment dated 06.07.2022 WP(C) NO. 28928 OF 2021

in W.P.(C)No.30925/2021, this writ petition is

closed, leaving open all the contentions raised in

this writ petition.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 28928 OF 2021

APPENDIX OF WP(C) 28928/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND 3RD RESPONDENT DATED 10-07-2017 EXHIBIT P2 TRUE COPY OF THE PLAINT IN O.S 151/2020 ON THE FILE OF MUNSIFF COURT, VATAKARA EXHIBIT P3 TRUE COPY OF THE NOTICE ISSUED BY 1ST RESPONDENT TO THE 3RD RESPONDENT DATED 03-12-2021 EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 03-

12-2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P5 TRUE COPY OF THE NOTICE ISSUED BY MEDICAL OFFICER, FAMILY HEALTH CENTER, CHORODE TO THE 3RD RESPONDENT DATED 20-03-2021

RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE