E.Sharafudeen vs Pazhayakunnummel Grama ...
2023 Latest Caselaw 3411 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                     THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                             WP(C) NO. 35945 OF 2022
PETITIONER:

              E.SHARAFUDEEN,RESIDING NAZEEBMANZIL, CHEMPAKASHERY,
              THATTATHU MALA P.O., KILIMANOOR,
              THIRUVANANTHAPURAM DISTRICT, PIN- 695 614.
              BY ADVS.
              V.PREMCHAND
              SURYA MOHAN P.
              FATHIMA SHALU S.


RESPONDENTS:

     1        PAZHAYAKUNNUMMEL GRAMA PANCHAYAT,
              REPRESENTED BY THE SECRETARY, KILIMANOOR PO,
              THIRUVANANTHAPURAM DISTRICT,PIN-695601.
     2        THE SECRETARY,
              PUZHAYAKUNNUMELGRAMA PANCHAYATH KILIMANOOR
              PO,THIRUVANANTHAPURAM DISTRICT, PIN-695601.
     3        THE KERALA STATE POLLUTION CONTROL BOARD,
              REPRESENTED BY THE ASSISTANT ENVIRONMENTAL ENGINEER,
              DISTRICT OFFICE, THIRUVANANTHAPURAM DISTRICT, PIN-695606.
     4        SOUDA SIRAJUDEEN, W/O SIRAJUDEEN, SALMIA MANZIL,
              CHEMPAKASSERY, ADAYAMON, KILIMANOOR PO,
              THIRUVANANTHAPURAM DISTRICT, PIN-695601.
              BY ADVS.
              SHRI.SIJU KAMALASANAN, SC, PAZHAYAKUNNUMMEL GRAMA PANCHAYAT,
              THIRUVANANTHAPURAM
              ATHIRA A.MENON
              ADV.T.NAVEEN, SC FOR POLLUTION CONTROL BOARD



     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   HEARING   ON
24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.35945 of 2022                         2




                                VIJU ABRAHAM, J.
                .................................................................
                           W.P.(C) No.35945 of 2022
                .................................................................
                  Dated this the 24th day of March, 2023

                                      JUDGMENT

When the matter was taken up for consideration, the

learned counsel for the petitioner would submit that he is filing an

appeal challenging Ext.P3 order and granting such liberty the writ

petition may be closed. Petitioner submits that there will be a delay in

filing the appeal since he has approached this Court filing the above writ

petition. Therefore the writ petition is closed granting liberty to the

petitioner to file an appeal against Ext.P3 order. It is made clear that the

period spent for prosecuting the above writ petition shall also be duly

taken into consideration while considering the delay condonation

application filed by the petitioner along with the appeal.

Sd/-

VIJU ABRAHAM JUDGE

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APPENDIX OF WP(C) 35945/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 05/04/2022 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY, PAZHAYAKUNNUMEL GRAMA PANCHAYATH.

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 11.07.2022 IN WP(C) NO. 21698 OF 2022 OF THIS HON'BLE COURT.

Exhibit P3 TRUE COPY OF THE INFORMATION UNDER THE RIGHT TO INFORMATION ACT DATED NIL. Exhibit P4 TRUE COPY OF THE CIRCULAR DATE 20.07.2011 ISSUED BY KERALA POLLUTION CONTROL BOARD.

Exhibit P5 TRUE COPY OF THE RIGHT TO INFORMATION DATED 24.08.2022 ISSUED BY THE 3RD RESPONDENT.

Exhibit P6 TRUE COPY OF THE RIGHT TO INFORMATION DATED 16.09.2022 ISSUED BY THE 1ST RESPONDENT.