Shahul Hameed P vs Ongallur Panchayath
2023 Latest Caselaw 4478 Ker

Citation : 2023 Latest Caselaw 4478 Ker
Judgement Date : 12 April, 2023

Kerala High Court

Shahul Hameed P vs Ongallur Panchayath on 12 April, 2023

WP(C) NO. 15141 OF 2018             1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                          WP(C) NO. 15141 OF 2018
PETITIONER/S:

               SHAHUL HAMEED P.
               AGED 56 YEARS
               AGED 56, S/O. MOHAMMED PULAKAL,ONGALLUR, KALLDI
               PATTA POST, PATTAMBI VIA,PALAKKAD DISTRICT-679 313.

               BY ADVS.
               SRI.SAIJO HASSAN
               SRI.BENOJ C AUGUSTIN
               SRI.U.M.HASSAN
               SMT.P.PARVATHY
               SRI.RAFEEK. V.K.
               SMT.SURYA P SHAJI
               SRI.VISHNU BHUVANENDRAN



RESPONDENT/S:

      1        ONGALLUR PANCHAYATH
               KALLADI PATTA POST, PATTAMBI VIA, PALAKKAD DISTRICT-
               679 313.REP. BY ITS SECRETARY.

      2        MUTHALIF
               AGED 43 YEARS, S/O. MUHAMMED,THIYATTIL (H), KALLADI
               PATTA POST,PATTAMBI VIA, PALAKKAD DISTRICT 679 313.

               ADV.R SREEHARI, SC


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15141 OF 2018             2




                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                      W.P.(C) No. 15141 of 2018
                     --------------------------------------
                 Dated this the 12th day of April, 2023


                               JUDGMENT

The above writ petition is filed with following prayers :

i. "Issue a writ of mandamus or any other appropriate writ, direction or order, directing the 1st respondent to stop the illegal functioning of the scrap business of the 2nd respondent. ii. Issue a writ of mandamus or any other appropriate writ, direction or order, directing the 1st respondent to take steps to clear the area polluted by the 2nd respondent by illegally storing the scrap materials in his premises from which the water from the batteries and contaminated water from the compressor of refrigerators is flowing to the nearby public roads, well and thereby rendering the drinking water unsafe for intake;

iii. Issue a writ of mandamus or any other appropriate writ, direction or order, directing the 1st respondent to consider and dispose Exhibit P2 representation within a time frame as fixed by this Hon'ble Court;

AND iv. And to issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of this case." [SIC]

2. When this writ petition came up for consideration,

the learned counsel for the petitioner submitted that the

petitioner will be satisfied if a direction is issued to the 1 st

respondent to consider and pass appropriate orders in Ext.P2

representation. I also heard the learned counsel appearing for

the 1st respondent.

3. After hearing both sides, I think this writ petition

itself can be disposed of directing the 1 st respondent to

consider and pass appropriate orders in the representation

with notice to the petitioner and the 2nd respondent.

Therefore, this writ petition is disposed of with the

following directions :

1) The 1st respondent is directed to consider and pass

appropriate orders in Ext.P2 with notice to the

petitioner and the 2nd respondent as expeditiously as

possible at any rate, within one month from the date

of receipt of a stamped certified copy of this

judgment.

2) The petitioner will produce a stamped certified copy

of this judgment along with a copy of this writ

petition before the 1st respondent for compliance.