M/S Chakolas Spinning & Weaving Mills ... vs The Kalamassery Municipality
2024 Latest Caselaw 11781 Ker

Kerala High Court

M/S Chakolas Spinning & Weaving Mills ... vs The Kalamassery Municipality on 30 April, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
                  WP(C) NO. 16649 OF 2024


PETITIONERS:

    1    M/S CHAKOLAS SPINNING & WEAVING MILLS PVT. LTD ,
         CHAKOLAS BUILDINGS, BUILDING NO 3,
         KALAMASSERY, ERNAKULAM ,
         REPRESENTED BY ITS DIRECTOR,
         PAUL JOHN CHAKOLA., PIN - 683104
    2    PAUL JOHN CHAKOLA,
         AGED 42 YEARS
         S/O LATE JOHN P. CHAKOLA, DIRECTOR,
         M/S CHAKOLAS SPINNING & WEAVING MILLS PVT. LTD,
         CHAKOLAS BUILDINGS, BUILDING NO 3,
         KALAMASSERY, ERNAKULAM, PIN - 683104
         BY ADVS.
         KANDAMPULLY RAHUL
         RAAGA R.RAMALAKSHMI


RESPONDENTS:

    1    THE KALAMASSERY MUNICIPALITY,
         CHANGAMPUZHA NAGAR P.O.,
         SOUTH KALAMASSERY,
         KALAMASSERY, ERNAKULAM ,
         REPRESENTED BY ITS SECRETARY., PIN - 682033
    2    THE SECRETARY,
         KALAMMASSERY MUNICIPALITY,
         CHANGAMPUZHA NAGAR, SOUTH KALAMASSERY,
         KALAMASSERY, ERNAKULAM, PIN - 682033
    3    UNNIKRISHNAN R,
         S/O RADHAKIRHSNAN,
         KRISHNA BHAVAN HOUSE,
         THRIKKAKARA NORTH VILLAGE,
         PUTHUPALLYPRAMKARA,
         EDAPPALLY P.O., PIN - 682024
    4    SINDHU UNNIKRISHNAN,
         W/O UNNIKIRHSNAN R.,
         KRISHNA BHAVAN HOUSE,
 W.P.(C) No. 16649/2024


                                ..2..


             THRIKKAKARA NORTH VILLAGE,
             PUTHUPALLYPRAMKARA,
             EDAPPALLY P.O., PIN - 682024

             SRI. M.K. ABOOBACKER-SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No. 16649/2024


                                      ..3..


                            JUDGMENT

The petitioners preferred Ext.P2 complaint and Ext.P4 reminder before

the 1st respondent to take action against respondents 3 and 4 to stop discharge

of harmful chemical effluents into the property of the petitioners. Exts.P2 and

P4 are still pending.

Having heard the learned counsel for the petitioners and the learned

Standing Counsel for respondents 1 and 2, this writ petition is disposed of

with a direction to respondent Nos.1 and 2 to consider and dispose of Ext.P2

complaint and Ext.P4 reminder, after hearing the petitioners as well as the

respondent Nos.3 and 4, within a period of two months from the date of

receipt of a copy of this judgment.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA

..4..

APPENDIX OF WP(C) 16649/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF SALE DEED NO. 928/1958 OF SRO EDAPPALLY BEING THE TITLE DEED OF THE PETITIONER EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 06/02/2024 PREFERRED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED EXHIBIT P3 TRUE COPY OF RECEIPT DATED 06/02/2024 ISSUED BY THE RESPONDENTS 1 & 2 TO THE PETITIONER EXHIBIT P4 TRUE COPY OF THE REMINDER LETTER DATED 20/03/2024 ISSUED BY THE PETITIONERS TO THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGEMENT DUE CARD SHOWING RECEIPT OF EX.T P4 ON 21/03/2024