Varghese & 2 Others vs Union Of India & Others
2023 Latest Caselaw 5815 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                     WP(C) NO.2671 OF 2010
PETITIONERS :-

    1     VARGHESE, AGED 64,
          S/O.KURIAN, PENSIONER, RESIDING AT VALAYIL HOUSE, VENGOLA
          KARA, ARAKKAPADY VILLAGE, VENGOLA WEST P.O, KUNNATHUNADU
          TALUK, ERNAKULAM DISTRICT.

    2     SOJA, AGED 53,
          W/O.VARGHESE, HOUSE WIFE,
          RESIDING AT VALAYIL HOUSE, VENGOLA KARA,
          ARAKKAPADY VILLAGE, VENGOLA WEST P O,
          KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.

    3     JEEMON V, AGED 28,
          S/O.VARGHESE, RESIDING AT VALAYIL HOUSE,
          VENGOLA KARA, ARAKKAPADY VILLAGE, VENGOLA WEST P O,
          KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.

          BY ADVS.
          SRI.V.J.JOSEPH
          SMT.M.V.LIGI


RESPONDENTS :-

    1     UNION OF INDIA REPRESENTED BY THE SECRETARY,
          MINISTRY OF FORESTS AND ENVIRONMENT,
          CENTRAL SECRETARIAT, NEW DELHI.

    2     STATE OF KERALA REPRESENTED BY CHIEF SECRETARY,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

    3     KERALA STATE POLLUTION CONTROL BOARD
          REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM.

    4     DISTRICT MEDICAL OFFICER
          ERNAKULAM.

    5     VENGOLA GRAMA PANCHAYAT, VENGOLA P.O.
          REPRESENTED BY ITS SECRETARY.

    6     EXECUTIVE ENGINEER
          KERALA STATE ELECTRICITY BOARD, DIVISIONAL OFFICE, NEAR
          GOVT.BOYS HIGHER SECONDARY SCHOOL, PERUMBAVOOR.
    7     ERNAKULAM DISTRICT MINI INDUSTRIAL ESTATE
          CO-OPERATIVE SOCIETY LTD.NO.SIND(E) 64,
          REPRESENTED BY ITS MANAGING DIRECTOR, ALUVA.
 WP(C) NO.2671 OF 2010

                                -: 2 :-



     8      O.I.MUHAMMED, AGED ABOUT 60,
            S/O.ISMAIL, ONODIPUTHENPURAYIL HOUSE, VENGOLA KARA,
            ARAKKAPADY VILLAGE, VENGOLA WEST P O,
            KUNNATHUNADU TALUK, ERNAKULAM DISTRICT,
            PROPRIETOR, M/S.ARAFA HOLLOW BRICKS.

     9      ABDUL RAHIMAN, AGED ABOUT 50,
            S/O.AALI, ONODIPUTHENPURAYIL HOUSE, VENGOLA KARA,
            ARAKKAPADY VILLAGE, VENGOLA WEST P O,
            KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.

    10      KAMALUDEEN, AGED ABOUT 25,
            S/O.ABDUL RAHIMAN, ONODIPUTHENPURAYIL HOUSE,
            VENGOLA KARA, ARAKKAPADY VILLAGE, VENGOLA WEST P O,
            KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.

    11      VEERAN, AGED ABOUT 63
            S/O.AALI, ONODIPUTHENPURAYIL HOUSE, VENGOLA KARA,
            ARAKKAPADY VILLAGE, VENGOLA WEST P O,
            KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.

    12      MUNEER, AGED ABOUT 25
            S/O.VEERAN, ONODIPUTHENPURAYIL HOUSE, VENGOLA KARA,
            ARAKKAPADY VILLAGE, VENGOLA WEST P O,
            KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.

    13      M.K.NAZER, AGED ABOUT 55, S/O.KOCHU MUHAMMED,
            AMBADIMOOLA PUTHENKULANGARA HOUSE, MAVINCHUVADU,
            KAKKANADU VILLAGE, KANAYANNUR TALUK.

           BY ADVS.
           SRI.MANU S., ASG OF INDIA
           SRI.P.P.THAJUDEEN, SC, K.S.E.B
           SRI.K.RAVEENDRAN
           SRI.P.K.ABDUL RAHIMAN
           SRI.P.K.ABOOBACKER(EDAPPALLY)
           SRI.K.M.ANEESH
           SRI.K.SANTHOSH KUMAR (KALIYANAM)
           SRI.SIRAJ KAROLY
           SRI.T.MADHU
           SRI.P.O.THOMAS
           SRI.T.NAVEEN, SC
           SRI.C.K.KARUNAKARAN, SC
           SRI.JOSEPH (ADV. BY COURT ORDER)
           SRI. APPU P.S., GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO.2671 OF 2010

                                     -: 3 :-


                                  JUDGMENT

Dated this the 24th day of May, 2023

When this matter was taken up for hearing today, there is no

representation for the petitioners. The learned counsel appearing

for the respondents are present. There was no representation when

the matter was taken up on the prior date of posting either. The

learned counsel appearing for the respondents submits that

consents had been issued to the respondents by the competent

authorities and that the matter has virtually become infructuous.

The writ petition is, therefore, dismissed as infructuous.

This will not stand in the way of the petitioners or any other

aggrieved persons raising complaints with regard to pollution or

violation of conditions of consents or permissions, if any, before the

competent authorities.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/29.5.2023