Arun R vs The State Of Kerala
2023 Latest Caselaw 502 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                        WP(C) NO. 34574 OF 2022
PETITIONER:

          ARUN R.,
          AGED 36 YEARS
          S/O RAVEENDRAN, R/O ARANNYA, VENDAR P.O, KOTTARAKKARA,
          KOLLAM, KERALA- 691 507.
          BY ADVS.
          M.K.CHANDRA MOHANDAS
          SHAKTHI PRAKASH
          K.DHRUV KUMAR
          HARIKRISHNAN M.S.


RESPONDENTS:

    1     THE STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT MAIN
          BLOCK, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
    2     DISTRICT POLICE CHIEF,
          OFFICE OF THE DISTRICT POLICE CHIEF, KOLLAM-691 001.
    3     THE DEPUTY SUPERINTENDENT OF POLICE
          OFFICE OF THE DY. SUPERINTENDENT OF POLICE,
          SASTHAMCOTTA, KOLLAM-689 645.
    4     THE STATION HOUSE OFFICER,
          SASTHAMCOTTA POLICE STATION, KOLLAM DISTRICT - 690 521.
    5     SREENATH,
          S/O VISHWANTHAN, R/O SREENATH BHAVANAM, WEST KALLADA
          P.O, KOLLAM-691 500.
    6     SHYAM SASI (KUNJAMBU),
          S/O SASI, R/O POOLASSERIL, VALIYAPAADAM, VILANTHARA
          P.O., KOLLAM-690 521.
    7     MANOJ G,
          S/O GOPALAKRISHNAN, R/O THUNDITHARAYIL (MANOJ BHAVAN),
          WEST KALLADA P.O., KOLLAM-691 500.
    8     UNNIKRISHNAN,
          S/O YESODHARAN, R/O THUNDITHARAYIL, WEST KALLADA P.O.,
          KOLLAM-691 500.
    9     ADDL.R9 KRISHNAKUMAR,
          KARTHIKA, AITHOTTUVA WEST KALLADA P.O., KOLLAM - 691
          500
    10    ADDL.R10 GOPALAKRISHNA PILLAI,
          KUZHARA THEKKATHIL NADUVILAKKARA WEST KALLADA P.O.,
          KOLLAM-691 500
 W.P.(C)No.34574 OF 2022

                                 2

     11     ADDL.R11 SHIBULAL.K.S,
            KAITHAPUZHA, AIYOTHOTTUVA WEST KALLADA P.O., KOLLAM-
            691 500
     12     ADDL.R12 V.RATHEESH,
            CHAKKUVALLIL THEKKATHIL VALIAYAPADAM, VILANTHARA
            KOLLAM-690 521.
            [ADDL.R9 TO R12 ARE IMPLEADED AS PER ORDER DATED
            18/11/2022 IN I.A-2/22 IN WP(C) 34574/2022]
            BY ADV MATHEW KURIAKOSE
            BY SRI.T.K.SHAJAHAN-SR.GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.34574 OF 2022

                                 3




                            JUDGMENT

Dated this the 11th day of January, 2023

It is submitted by the learned counsel for

the petitioner that the writ petition has become

infructuous and can be closed. The learned

Government Pleader would also support the said

submission.

In the above view of the matter, the writ

petition is closed.

Sd/-

ANU SIVARAMAN JUDGE SSK/11/01 W.P.(C)No.34574 OF 2022

APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MEMORANDUM OF UNDERSTANDING DATED 16.09.2022 Exhibit P2 TRUE COPY OF THE CONSENT TO ESTABLISH DATED 15.10.2022.

Exhibit P3 TRUE COPY OF THE ACKNOWLEDGMENT CERTIFICATE DATED 26.09.2022 .

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 27.10.2022 SUBMITTED BEFORE THE 4TH RESPONDENT Exhibit P5 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 27.10.2022.

Exhibit P6 TRUE COPIES OF THE PHOTOGRAPHS OF THE MACHINERY AND EQUIPMENT AT THE SITE.

RESPONDENT EXHIBITS Exhibit R5 A TRUE COPY OF THE REPRESENTATION DATED 13/10/2022 SUBMITTED BY RESIDENTS IN THE LOCALITY OF THE PETITIONER'S INDUSTRIAL UNIT TO THE SECRETARY OF THE WEST KALLADA GRAMA PANCHAYAT. Exhibit R5 B TRUE COPY OF THE REPRESENTATION DATED 20/10/2022 SUBMITTED BY THE SECRETARY OF THE AIYHOTTUVA FACTORY BRANCH COMMITTEE OF C.P.I (M) TO THE SECRETARY OF THE WEST KALLADA GRAMA PANCHAYAT. Exhibit R5 C TRUE COPY OF THE RESOLUTION NO.11(1) DATED 26/10/2022 PASSED BY THE COMMITEE OF THE WEST KALLADA GRAMA PANCHAYAT.

Exhibit R5 D TRUE COPY OF THE RESOLUTION NO.11(2) DATED 26/10/2022 PASSED BY THE COMMITEE OF THE WEST KALLADA GRAMA PANCHAYAT.

Exhibit R5 E TRUE COPY OF THE RESOLUTION NO.11(3) DATED 26/10/2022 PASSED BY THE COMMITEE OF THE WEST KALLADA GRAMA PANCHAYAT.

PETITIONER EXHIBITS Exhibit P7 TRUE COPIES OF PHOTOGRAPHS INCLUDING AERIAL VIEW OF THE SITE.

Exhibit P8 TRUE COPY OF A POSTER OF 'BAHUJANA MARCH' TO BE HELD ON 20/11/2022.

RESPONDENT EXHIBITS Exhibit R5(f) TRUE COPY OF THE STOP MEMO DATED 01.10.2022 ISSUED BY THE VILLAGE OFFICER, WEST KALLADA TO THE WRIT PETITIONER AND OTHERS Exhibit R5(g) TRUE COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER, WEST KALLADA TO THE TAHSILDAR (L.R.), KUNNATHOOR

SSK //TRUE COPY// PA TO JUDGE