Jaleela Beevi vs Abdul Rasheed
2022 Latest Caselaw 6128 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                        WP(C) NO. 23865 OF 2010
PETITIONER:

          JALEELA BEEVI
          NAZ MANZIL (P.K HOUSE)
          PUTHOOR,MYTHREE NAGAR,
          NELLANADU VILLAGE,
          VENJARAMOODU P.O, TRIVANDRUM.
          BY ADVS.
          SRI.M.ZIYAD
          SRI.T.A.PRAKASH
          SRI.SANU.S.PANICKER


RESPONDENTS:

    1     ABDUL RASHEED, AGED 52 YEARS,
          S/O.HASAN THANGAL,PUTHOOR,
          MYTHREE NAGAR, NELLANADU VILLAGE,
          VENJARAMOODU P.O,
          THIRUVANANTHAPURAM - 695 607.
    2     THE MEMBER SECRETARY POLLUTION
          CONTROL BOARD, PLAMMOODU, PATTOM P.O,
          THIRUVANANTHAPURAM - 695 001.
    3     NELLANADU GRAMA PANCHAYAT
          VENJARAMOODU PO,
          TRIVANDRUM REPRESENTED BY ITS SECRETARY - 695 607.
    4     THE SUB INSPECTOR OF POLICE
          VENJARAMOODU POLICE STATION,
          TRIVANDRUM DISTRICT - 695 607.
          BY ADVS.
          SRI.DIPU.R
          SRI.K.S.HARIDAS
          SRI.P.K.MUHAMMED
          SMT.MERCIAMMA MATHEW
          SRI.V.RENJITH KUMAR
          SRI.THOMAS ABRAHAM
 WP(C) NO. 23865 OF 2010
                                2

            SRI.S.VIJI
            SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER



     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION    ON   01.06.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 23865 OF 2010
                                     3

               P.V.KUNHIKRISHNAN, J.
              ------------------------------
             W.P.(C).No. 23865 of 2010
      ----------------------------------------------
        Dated this the 01st day of June, 2022


                         JUDGMENT

The above writ petition is filed with the following

prayers:

"(1) Issue a writ of mandamus, order or direction commanding the 2nd respondent to issue stop memo to the 1st respondent and prohibiting him from the functioning of the rice mill unit without holding valid licence from them.

(2) Issue a writ of mandamus, order or direction commanding the 3rd respondent to issue stop memo to the 1st respondent and prohibiting him from the functioning of the rice mill unit without holding valid licence from them.

(3) Issue a writ of mandamus, order or direction commanding the 2nd respondent to inspect the 1st respondent unit and issue stop memo if the relevant rules are not complied by the 1 st respondent for the functioning of his rice mill.

(4) Issue a writ of mandamus, order or direction commanding the 2nd and 3rd respondents to consider and pass orders on Exhibit P1 and P2 complaint respectively filed by the petitioner.

(5) Issue such other writ, order or direction as this hon'ble court may deem fit."[SIC] WP(C) NO. 23865 OF 2010

2. The main prayer in the writ petition is to issue

appropriate direction commanding the 2 nd respondent to

issue stop memo to the 1st respondent and prohibit him

from the functioning of the rice mill unit without holding

valid licence from them. When this writ petition came up

for consideration on 30.7.2010, this Court admitted the

writ petition. Thereafter, no further order is passed by

this Court. If the rice mill is functioning without licence

from the statutory authority, the petitioner is free to

approach the appropriate authority in accordance to law.

With the above observation, this writ petition is

closed.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 23865 OF 2010

APPENDIX OF WP(C) 23865/2010

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P2 THE TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P3 THE TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P4 THE TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P5 THE TRUE COPY OF THE PHOTOGRAPH. EXHIBIT P6 THE TRUE COPY OF THE PHOTOGRAPH. EXHIBIT P7 THE TRUE COPY OF THE PHOTOGRAPH. EXHIBIT P8 THE TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER TO THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM DATED 17.01.2015 ALONG WITH THE INFORMATION RECEIVED FROM THE 3RD RESPONDENT. EXHIBIT P9 THE TRUE COPY OF THE LETTER NO.PCB/TVM-DO/COMP/HC/GEA-18099/2010 DATED 27.01.2015 SENT BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER.

EXHIBIT P10 THE TRUE COPY OF THE INFORMATION RECEIVED BY THE PETITIONER FROM THE KERALA STATE POLLUTION CONTROL BOARD DATED 21.02.2015.

RESPONDENTS EXHIBITS : NIL

                 //TRUE COPY//       PA TO JUDGE