Citation : 2024 Latest Caselaw 14184 Ker
Judgement Date : 29 May, 2024
W.P.(C)No.19258 of 2024
1
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 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
WP(C) NO. 19258 OF 2024
PETITIONER:
C. GIRISHADAS,
AGED 55 YEARS
S/O CHELLAYAN, GREENVILLA, EDAKADU.P.O,
KOLLAM DISTRICT, PIN - 691 552
BY ADVS.
M.R.SARIN
PARVATHI KRISHNA
ANJANA SURESH.E
P.SANTHOSHKUMAR (KARUMKULAM)
RESPONDENTS:
1 GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM
REPRESENTED BY THE CHIEF SECRETARY,
PIN - 695 001
2 THE DIRECTOR GENERAL OF POLICE,
STATE POLICE HEAD QUARTERS,
VELLAYAMBALAM, THIRUVANANTHAPURAM
CITY, PIN - 695 010
3 THE HEALTH DIRECTOR OF KERALA,
DIRECTORATE OF HEALTH SERVICE,
NEAR GENERAL HOSPITAL JUNCTION,
THIRUVANANTHAPURAM, PIN - 695 035
4 THE HEALTH SECRETARY OF KERALA,
DIRECTORATE OF HEALTH SERVICE,
NEAR GENERAL HOSPITAL JUNCTION,
THIRUVANANTHAPURAM, PIN - 695 035
W.P.(C)No.19258 of 2024
2
5 UNION OF INDIA
MINISTRY OF HEALTH &FAMILY WELFARE,
ROOM NO.201D, NIRMAN BHAVAN NEW DELHI -110 011,
REPRESENTED BY ITS SECRETARY.
OTHER PRESENT:
SR.GP. V. TEKCHAND
CGC SUVIN R. MENON
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMIS-
SION ON 29.05.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(C)No.19258 of 2024
3
JUDGMENT
Dated this the 29th day of May 2024
A.J. Desai, C.J.
By way of the present petition, filed in the nature of public
interest litigation, the following prayers have been made:
"A. To issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding to consider Exhibit P1, Exhibit P2, P3, P4 representations letter filed by the petitioner before 1 to 4 respondents at the earliest within a time limit framed by this Hon'ble High Court. B. To issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding to respondents to ban usage, transportation and cultivation of Oleander plant locally known as "Arali", within a time limit framed by this Hon'ble High Court.
C. To issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding to 1 to 5 respondents to formulate a guild lines for banning the cultivation, selling of the Oleander plant throughout the State of Kerala and other States."
Without going into detail, at this stage, we dispose of this
writ petition, directing the respondent authorities to look into the
representation and take appropriate action in the matter, if so
warrants.
Pending interlocutory applications, if any, shall stand
closed.
Sd/-
A.J. Desai Chief Justice
Sd/-
V.G. Arun Judge vpv
APPENDIX OF WP(C) 19258/2024
PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 4.05.2024 Exhibit P1 (a) THE TRUE COPY OF THE TRANSLATION OF EXHIBIT P1 Exhibit P2 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 4.05.2024 Exhibit P 2 (a) THE TRUE COPY OF THE TRANSLATION OF EXHIBIT P2 Exhibit P3 THE TRUE COPY OF REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 4.05.2024 Exhibit P3 (a) THE TRUE COPY OF THE TRANSLATION OF EXHIBIT P3 Exhibit P4 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 4.05.2024 Exhibit P 4 (a) THE TRUE COPY OF THE TRANSLATION OF EXHIBIT P4
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