K.K.Mathukunju vs Shaji
2022 Latest Caselaw 7758 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
      THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                    WP(C) NO. 14027 OF 2012
PETITIONER/S:

            K.K.MATHUKUNJU, AGED 58 YEARS
            KILIYAYATH HOUSE, KURUPPAMPAID P.O
            BY ADVS.
            SRI.P.RAMAKRISHNAN
            SMT.PREETHI RAMAKRISHNAN
RESPONDENT/S:
    1    SHAJI, S/O.KURIEN, POLLATHAYIL, THURUTHI
         P.O.,PRALAAIKAD, ERNAKUAM-683545
    2    THE SECRETARY
         MUDUKKUZHA GRAMA PANCHAYATH, MUDAKKUZHA,
         ERNAKULAM-683546
    3    THE DISTRICT MEDICAL OFFICER
         ERNAKULAM, O/O.THE DISTRICT MEDICAL OFFICER,
         ERNAKULAM-682031
    4    MEDICAL OFFICER
         PRIMARY HELATH CENTRE,MUDAKUZHA, ERNAKUAM-683546
         BY ADVS.
         SMT.ACHU SUBHA ABRAHAM
         SRI.ARUN BASIL, SC, MUDAKKUZHA GRAMA PANCHAYAT
         SMT.T.M.BINITHA
         SRI.PHILIP T.VARGHESE
         SRI.ARUN BASIL, SC, MUDAKKUZHA GRAMA PANCHAYAT
         SRI.THOMAS T.VARGHESE
OTHER PRESENT:
         SMT.VIDYA KURIAKOSE, GP
     THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION    ON   28.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 14027 of 2012



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No.14027 of 2012
                       =============================================================

                    Dated this the 23rd day of June, 2022

                                          JUDGMENT

The above writ petition is filed with following prayers:

"a) Issue a writ of mandamus or other appropriate writ or order directing respondents 2, 3 and 4 to take effective action on Exhibits P3, P4, P7 reports forthwith.

b) Issue a writ of mandamus or other appropriate writ or order directing the 2nd respondent to act upon Exhibit P6 in accordance with law.

c) Issue a writ of mandamus or other appropriate writ or order directing the 4th respondent to take follow up action on Exhibits P7 and P8.

d) Issue a writ of mandamus or other appropriate writ or order directing the 1st respondent not to carry out any activity without obtaining license from the 2 nd respondent.

e) Be further pleased to issue such other interim orders as are warranted on the facts and circumstances of the case." (sic)

W.P.(C). No. 14027 of 2012

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

effective follow up action based on Exts.P3, P4 and P7 reports.

The grievance of the petitioner is that because of a cattle shed

there is pollution and filth is coming to the property of the

petitioner. As evident by Exts.P3, P4 and P7, the Panchayat and

the Medical Officer concerned already taken steps. If the

pollution as stated in the writ petition and in Exts.P6 and P8 is

even now continuing, the 2nd respondent will take appropriate

steps in accordance to law, after giving notice to the 1 st

respondent.

With the above observation, this writ petition is disposed

of. sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 14027 of 2012

APPENDIX OF WP(C) 14027/2012

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF COMPLAINT DATED 12.05.2009 SUBMITTED BY THE PETITIONER.

Exhibit P2 TRUE COPY OF JUDGMENT DATED 28.07.2009 IN WP(C) NO. 21023/2009.

Exhibit P3 TRUE COPY OF REPORT DATED 11.08.2009 OF THE 4TH RESPONDENT.

Exhibit P4 TRUE COPY OF LETTER DATED 12.08.2009 OF THE ASSISTANT DIRECTOR OF AGRICULTURE, PERUMBAVOOR.

Exhibit P5 TRUE COPY OF COMPLAINT DATED 26.03.2012 SUBMITTED BY THE PETITIONER.

Exhibit P6 TRUE COPY OF NOTICE DATED 11.04.2012 ISSUED BY THE 2ND RESPONDENT.

Exhibit P7 TRUE COPY OF REPORT DATED 23.04.2012 OF THE 4TH RESPONDENT.

Exhibit P8 TRUE COPY OF NOTICE DATED 23.04.2012 ISSUED BY THE 4TH RESPONDENT.