Aymen M.S vs State Of Kerala
2023 Latest Caselaw 9828 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                              &
            THE HONOURABLE MR.JUSTICE V.G.ARUN
 WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA,
                             1945
                   WP(C) NO. 29612 OF 2023
PETITIONER:


          AYMEN M.S., AGED 34 YEARS, S/O.MUHAMMED SHAJAHAN,
          RESIDING IN AL-BERKA, KATTACHIRA, PALLICKAL P.O.,
          ALAPPUZHA DISTRICT, PIN - 690 503

          BY ADVS.
          P.R.HARIKUMAR
          AMEENA M.S


RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY ITS CHIEF
          SECRETARY, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695 001

    2     THE DISTRICT COLLECTOR, ALAPPUZHA,
          COLLECTORATE, ALAPPUZHA, PIN - 688 001

    3     THE REVENUE DIVISIONAL OFFICER CHENGANNUR,
          ALAPPUZHA DISTRICT,, PIN - 689 121

    4     THE TAHSILDAR, MAVELIKKARA TALUK,
          ALAPPUZHA DISTRICT,, PIN - 688 001

    5     THE VILLAGE OFFICER,THAMARAKKULAM VILLAGE OFFICE,
          ALAPPUZHA DISTRICT, PIN - 690 530

    6     THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL
          BOARD, DISTRICT OFFICE, SNV SADHANAM, NEW
          CHATHANAD, HEAD POST OFFICE, ALAPPUZHA,
          ALAPPUZHA DISTRICT,, PIN - 688 013
 W.P.(C)No.29612 of 2023
                               2

     7      THE GEOLOGIST, DISTRICT OFFICE MINING AND GEOLOGY
            DEPARTMENT, ALAPPUZHA DISTRICT, PIN - 688 524

     8      THE SECRETARY,
            THAMARAKKULAM GRAMA PANCHAYTH, THAMARAKKULAM
            P.O., ALAPPUZHA DISTRICT, PIN - 690 530

     9      THE SECRETARY,
            VALLIKUNNAM GRAMA PANCHAYTH, VALLIKUNNAM P.O.,
            ALAPPUZHA DISTRICT, PIN - 690 501

     10     THE DEPUTY SUPERINTENDENT OF POLICE,
            CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689 122

     11     SUNIL KUMAR S., GALAXY HOME,
            GOVINDA MUTTOM P.O., KAYAMKULAM, PIN - 690 527



            SR.GP.T.K.VIPINDAS;
            ADV.T. NAVEEN
            ADV.CHITRA CHANRASEKHARAN


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C)No.29612 of 2023
                                 3



                           JUDGMENT

Dated this the 13th day of September 2023

A.J. Desai, C.J.

Considering the fact that the writ petition filed by the

private respondent is pending before this court, it would be

open for the petitioner to file an application for joining himself

as a respondent in the said writ petition. We have not expressed

any opinion regarding the merits of the case.

The writ petition is disposed of accordingly.

Pending interlocutory applications, if any, shall stand

closed.

Sd/-

A.J. Desai Chief Justice

Sd/-

V.G. Arun Judge vpv W.P.(C)No.29612 of 2023

APPENDIX OF WP(C) 29612/2023

PETITIONER EXHIBITS

Exhibit- P1 TRUE COPY OF THE DETAILS REGARDING THE OWNERSHIP CHANGE AND NEW LICENSE ISSUED TO THE 11TH RESPONDENT BY THE AUTHORITIES IS OBTAINED BY ONE PERSON OF THAT LOCALITY THROUGH RIGHT TO INFORMATION ACT NUMBERED AS SC2/3773/2022, DATED 10/12/2022.

Exhibit- P1(a) TRUE ENGLISH TRANSLATION OF EXT.P1

Exhibit - P2 TRUE COPY OF THE LETTER NO.A3/464/2022 DATED 18/11/2022, BY THE 8TH RESPONDENT.

Exhibit- P2(a) TRUE ENGLISH TRANSLATION OF EXT.P2

Exhibit- P3 TRUE COPY OF THE LETTER FROM THE 6TH RESPONDENT, DATED 04/01/2023.

Exhibit- P3(a) TRUE ENGLISH TRANSLATION OF EXT.P3

Exhibit - P4 TRUE COPY OF THE TRUE RECENT PHOTOGRAPHS SHOWING THE CONDITION OF THE ROAD.

Exhibit - P5 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE RESIDENTS OF SAID AREA BEFORE THE 2ND RESPONDENT, DATED 02/02/2023.

Exhibit - P5(a) TRUE ENGLISH TRANSLATION OF EXT.P5

//TRUE COPY//

P.A. TO JUDGE