Kerala High Court
Sajeev Kumar vs State Of Kerala on 6 June, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 11795 OF 2018
PETITIONERS:
1 SAJEEV KUMAR
ADIKKALLATHU VEEDU, DEVI NAGAR-16, ULIYAKOVIL, KOLLAM-
691019.
2 BIJU
ADIKKALLATHU VEEDU, DEVI NAGAR-16, ULIYAKOVIL, KOLLAM-
691019.
3 JANARDHANAN PILLAI
VAISHNAVAM, DEVI NAGAR-15, ULIYAKOVIL, KOLLAM-691019.
4 THULASEEDHARAN PILLAI
VASAVAKATHU VEEDU, DEVI NAGAR-6, ULIYAKOVIL, KOLLAM-
691019./
5 G. RAVI
ARUN BHAVANAM, DEVI NAGAR-18, ULIYAKOVIL, KOLLAM-
691019.
6 SUJATHA
SREEVILAS, ULIYAKOVIL, KOLLAM-691019.
BY ADV SRI.S.S.RAJESH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,HEALTH AND FAMILY WELFARE
DEPARTMENT, GOVERNMENTSECRETARIAT, THIRUVANANTHAPURAM-
695001.
2 THE DISTIRICT COLLECTOR
KOLLAM-691001.
3 KERALA STATE POLLUTION CONTROL BOARD
DISTRICT OFFICE, KOLLAM-691001.
4 THE SECRETARY
W.P (C) No.11795 of 2018
2
KOLLAM MUNICIPAL CORPORATION, KOLLAM-691001.
5 THE DISTRICT MEDICAL OFFICER
KOLLAM-691001.
6 THE DISTRICT POLICE CHIEF
KOLLAM DISTRICT -691001.
7 SHAHALUDEEN MUSSALIAR
MUSSALIAR CASHEW COMPANY (OLD), MUSSALIAR
COMPOUND,ULIYAKOVIL PO-691019, KOLLAM.
8 JASMINE WILSON
W/O M.L WILSON, MYNOTH HOUSE, MUNDACKAL PO,KOLLAM-
691017.
9 RAJU
SIVASAKTHI, KILIKOLLOOR PO- 691004,RANDAM KUTTI,
KOLLAM.
BY ADVS.
SRI.PRATHEESH.P
SMT.RENY ANTO
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P (C) No.11795 of 2018
3
P.V.KUNHIKRISHNAN,J.
---------------------
W.P (C) No.11795 of 2018
---------------------------
Dated this the 6th day of June, 2024
JUDGMENT
This writ petition is filed with the following prayers:-
"i) issue a writ of Mandamus or any other
appropriate Writ, Order or Direction, directing the
respondents 2 to 6 to take immediate and effective
steps to stop the functioning of illegal cements
godowns by the respondents 7 and 8, as stated in
Exhibits P1 to P6.
ii) issue a writ of Mandamus or any other
appropriate Writ, Order or Direction, directing the 4th
respondent to issue a stop memo to the respondents
7 and 8 against their illegal functioning of cement
godowns as referred in Exhibit P6 complaint and to
take effective steps to close down the illegal
functioning of the cement godowns.
iii) to issue such other directions or orders as this
Hon'ble Court may deem fit and proper in the nature
and circumstances of the case." (SIC)
2. The main grievance is against the alleged illegal
functioning of cement godowns. According to the petitioner, it
is causing serious health issues to them. This writ petition is
pending before this Court from 2018 onwards. Service to the
7th respondent is not complete even now. No interim order is
passed in this case. If that is the case, this writ petition need
not be retained here. If there is any surviving grievance to the
petitioners, the petitioners are free to approach the competent
authority among the respondents with an appropriate
representation and if such a representation is received, the
competent authority among the respondents will do the
needful with notice to the petitioners and respondent Nos.7 to
9.
With the above observations, this writ petition is disposed
of. Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
APPENDIX OF WP(C) 11795/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE MASS COMPLAINT DATED
12/2/2018 SUBMITTED BY THE PETITIONERS
AND OTHER LOCAL RESIDENTS BEFORE THE 2ND
RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE MASS COMPLAINT DATED
12.2.2018 SUBMITTED BY THE PETITIONER AND
OTHER LOCAL RESIDENTS BEFORE THE MAYOR,
KOLLAM MUNICIPAL CORPORATION.
EXHIBIT P3 TRUE COPY OF THE MASS COMPLAINT DATED
07.03.2018 SUBMITTED BY THE PETITIONER
AND OTHER LOCAL RESIDENTS BEFORE THE 3RD
RESPONDENT ALONG WITH ITS RECEIPT.
EXHIBIT P4 TRUE COPY OF THE MASS COMPLAINT DATED
03.03.2018 SUBMITTED BY THE PETITIONER
AND OTHER LOCAL RESIDENTS BEFORE THE 5TH
RESPONDENT ALONG WITH ITS RECEIPT.
EXHIBIT P5 TRUE COPY OF THE MASS COMPLAINT DATED
03.03.2018 SUBMITTED BY THE PETITIONER
AND OTHER LOCAL RESIDENTS BEFORE THE 6TH
RESPONDENT ALONG WITH ITS RECEIPT.
EXHIBIT P6 TRUE COPY OF THE MASS COMPLAINT DATED
21.03.2018 SUBMITTED BY THE PETITIONER
AND OTHER LOCAL RESIDENTS BEFORE THE 4TH
RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE STOP MEMO DATED
17/3/2018 ISSUED BY THE HEALTH OFFICER OF
THE 4TH RESPONDENT TO THE SAID RATHEESH
LAL.
EXHIBIT P8 TRUE COPY OF MEDICAL RECORDS OF 6TH
PETITIONER.
EXHIBIT P9 TRUE COPY OF THE MEDICAL RECORDS OF
MR.GOPI.
