Kerala High Court
V.S Hussain vs The District Collector on 26 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
WP(C) NO. 28977 OF 2023
PETITIONER :
V.S HUSSAIN,
AGED 52 YEARS, S/O SHAHUL HAMID VALIYAVEETTIL,
ARUVITHURA P.O ERATTUPETTA, KOTTAYAM,
PIN - 686122
BY ADV PRAVEEN K. JOY
RESPONDENTS :
1 THE DISTRICT COLLECTOR,
KOTTAYAM, CHAIRMAN DISASTER MANAGEMENT AUTHORITY,
COLLECTORATE, KOTTAYAM - KUMILY ROAD,
KOTTAYAM, PIN - 686 002
2 REVENUE DIVISIONAL OFFICER,
PALA, MINI CIVIL STATION, PALA BYPASS ROAD,
KOTTAYAM, PIN - 686 575
3 THE KERALA POLLUTION CONTROL BOARD,
PLAMOODU - THEKKAMOODU ROAD, NEAR RAYMOND SHOP,
PATTOM, THIRUVANANTHAPURAM-695004
REP.BY CHAIRMAN, PIN - 695 004
4 THE SECRETARY,
ERATTUPETTA MUNICIPALITY, MUNICIPAL OFFICE,
ERATTUPETTA, NADACKAL, KOTTAYAM - 686121
5 VILLAGE OFFICER
VILLAGE OFFICE, ERATTUPETTA, ARUVITHURA P.O,
KOTTAYAM, PIN - 686 121
6 SECRETARY
MUHAYUIDHIN JUMMA MAZJIDH, THEKKEKARA,
ERATTUPETTA KOTTAYAM, PIN - 686 122
BY ADVS.
SUNIL V. MOHAMMED
WP(C) NO. 28977 OF 2023
2
PEER MOHAMED KHAN V.K
ASNA M.B.(K/001696/2023)
GIRISH KUMAR V.C(K/1187/2020)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 28977 OF 2023
3
BECHU KURIAN THOMAS, J.
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W.P.(C) No.28977 of 2023
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Dated this the 26th day of October, 2023
JUDGMENT
Petitioner challenges the functioning of an auditorium by the name
'Shadimahal', managed by the Muhayuidhin Jumma Masjidh at
Erattupetta. According to the petitioner, the auditorium is being run
without any licence and without complying with the basic requirements
under the Pollution Control Laws.
2. The learned Standing Counsel for the Municipality submitted that
the auditorium has now stopped functioning pursuant to a stop memo
issued by the Municipality. It is however submitted that the application
for regularisation of the construction and for licence has already been
submitted by the 6th respondent and the same is under process.
3. The learned counsel for the 6th respondent submitted that they
have stopped functioning of the auditorium and appropriate applications
have been submitted to the respective authorities for operating the
auditorium and also that the auditorium will be operated only if
appropriate licences are received.
4. Since the grievance of the petitioner has practically been
WP(C) NO. 28977 OF 2023
redressed by the 'Shadimahal' auditorium having been issued with a stop
memo by the Municipality, I am of the view that further reliefs in the writ
petition are not required to be ordered. It is however clarified that the
respondent Municipality will be at liberty to process the application filed
by the 6th respondent and until and unless orders and permissions are
obtained on such applications, the 6th respondent shall not conduct or
operate the said auditorium.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(C) NO. 28977 OF 2023
APPENDIX OF WP(C) 28977/2023
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE COMPLAINT SUBMITTED
BEFORE THE 5TH RESPONDENT DATED 28.04.2023
Exhibit P2 TRUE COPY OF THE COMPLAINT SUBMITTED
BEFORE THE 4TH RESPONDENT DATED 28.04.2023
Exhibit P3 TRUE COPY OF THE RTI APPLICATION SUBMITTED
BEFORE THE PUBLIC INFORMATION OFFICER,
ERATTUPETTA MUNICIPALITY DATED 11.07.2023
Exhibit P4 TRUE COPY OF THE COMPLAINT SUBMITTED
BEFORE THE 1ST RESPONDENT DATED 24.07.2023
Exhibit P5 TRUE COPY OF THE REPLY ISSUED BY THE
PUBLIC INFORMATION OFFICER, ERATTUPETTA
MUNICIPALITY DATED 09.08.2023
