Kerala High Court
Suresh.P.M vs The Secretary, Irinjalakuda ... on 17 October, 2024
[OP(C) Nos.1366/2015, 1367/2015]
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2024:KER:78688
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
OP(C) NO. 1366 OF 2015
AGAINST THE ORDER/JUDGMENT DATED 20.03.2015 IN OS NO.344
OF 2012 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT /
COMMERCIAL COURT,IRINJALAKUDA
PETITIONERS:
1 SURESH P.M
AGED 53 YEARS
S/O.PARAMEKKATIL MANICKYAN, RESIDING AT PARAMEKKATTIL
HOUSE, MANAVALASSERY VILLAGE, EAST KOMBARA DESOM,
THRISSUR DISTRICT.
2 SEBASTIAN
S/O.KALIYANIKARAN KURIAN, PULLUR VILLAGE AND DESOM,
MUKUNDAPURAM TALUK.
3 TESSY
W/O.KOTTOLIL CHEEKU, PULLUR VILLAGE AND DESOM,
MUKUNDAPURAM TALUK.
BY ADV SRI.T.N.MANOJ
RESPONDENT:
THE SECRETARY, IRINJALAKUDA MUNICIPALITY
IRINJALAKUDA P.O.
BY ADVS.
SMT.S.AMBILY
SRI.ARUN ANTONY
SRI.K.K.CHANDRAN PILLAI SR.
SMT.K.V.SHENU
[OP(C) Nos.1366/2015, 1367/2015]
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OTHER PRESENT:
SRI. K. K. CHANDRAN PILLAI SR.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
17.10.2024, ALONG WITH OP(C).1367/2015, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
[OP(C) Nos.1366/2015, 1367/2015]
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2024:KER:78688
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
OP(C) NO. 1367 OF 2015
AGAINST THE ORDER/JUDGMENT DATED IN OS NO.344 OF 2012 OF
ASSISTANT SESSIONS COURT/ADDITIONAL SUB COURT, IRINJALAKUDA
PETITIONERS:
1 SURESH.P.M.
AGED 53 YEARS
S/O. PARAMEKKATTIL MANICKYAN, RESIDING AT
PARAMEKKATTIL HOUSE, MANAVALASSERY VILLAGE, EAST
KOMBARA DESOM, THRISSUR DISTRICT.
2 SEBASTIAN
S/O.KALIYANIKARAN KURIAN, PULLUR VILLAGE AND DESOM,
MUKUNDAPURAM TALUK.
3 SMT.TESSY
W/O. KOTTOLIL CHEEKKU, PULLUR VILLAGE AND DESOM,
MUKUNDAPURAM TALUK.
BY ADV SRI.T.N.MANOJ
RESPONDENT:
THE SECRETARY, IRINJALAKUDA MUNICIPALITY
IRINJALAKUDA P.O.
BY ADVS.
SMT.S.AMBILY
SRI.ARUN ANTONY
SRI.K.K.CHANDRAN PILLAI SR.
SMT.K.V.SHENU
[OP(C) Nos.1366/2015, 1367/2015]
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2024:KER:78688
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
17.10.2024, ALONG WITH OP(C).1366/2015, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
[OP(C) Nos.1366/2015, 1367/2015]
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JUDGMENT
(O.P Nos.1366/2015 and 1367/2015)
Dated this the 17th day of October, 2024
These two Original Petitions arise from orders in I.A. No.
470/2015 and I.A. No. 469/2015 in O.S.No.344/2012,
respectively, on the files of the Sub Court, Irinjalakuda.
2. The suit was filed by the petitioners herein for a
declaration and prohibitory injunction. There was another prayer
for an injunction restraining the defendant from conducting a
slaughterhouse. Since there is no provision for disposing of the
waste, after the conclusion of the trial, the Municipality filed the
present I.As for re-opening and for producing additional
documents. The same were allowed by the learned Sub Court.
3. The Senior Counsel appearing for the respondent
Municipality submits that this slaughterhouse is not functioning
as on today and now a project report is drafted to start the
slaughterhouse in accordance with all the relevant statutory
conditions. Therefore, the suit itself has now become
infructuous.
[OP(C) Nos.1366/2015, 1367/2015]
2024:KER:78688
Since the prayers in the suits have now become
infructuous, the Original Petitions are disposed of, with liberty to
the petitioners to move the learned Sub Court for disposal of the
suit in accordance with law.
Sd/-
BASANT BALAJI
JUDGE
saap
[OP(C) Nos.1366/2015, 1367/2015]
2024:KER:78688
APPENDIX OF OP(C) 1367/2015
PETITIONER EXHIBITS
P1 - TRUE COPY OF THE CONSENT ISSUED BY THE
POLLUTION CONTROL BOARD DT. 18.3.11.
P2 - TRUE COPY OFTHE PLAINT IN OS 244/12 ON
THE FILE OF SUB COURT IRINJALAKUDA.
P3 - TRUE COPY OF IA 469/15 FILED IN OS
344/15 BY THE RESPONDENT, BEFORE THE SUB
COURT AT IRINJALAKUDA.
P4 - TRUE COPY OF IA 470/15 FILED IN OS
344/15 BY THE RESPONDENT BEFORE THE SUB
COURT AT IRINJALAKUDA.
P5 - TRUE COPY OF THE OBJECTION FILED BY
PLAINTIFFS TO IA 469/15 IN OS 344/12 ON THE
FILES OF THE SUB COURT AT IRINJALAKUDA.
P6 - TRUE COPY OF THE OBJECTION FILED BY
PLAINTIFFS TO IA 470/15 IN OS 344/12 ON THE
FILES OF THE SUB COURT AT IRINJALAKUDA.
P7 - TRUE COPY OF THE ORDER IN IA 469/15 IN
OS 344/12 DT 20.3.15 OF THE SUB COURT AT
IRINJALAKUDA.
[OP(C) Nos.1366/2015, 1367/2015]
2024:KER:78688
APPENDIX OF OP(C) 1366/2015
PETITIONER EXHIBITS
EXHIBIT P1. COPY OF IA 470/15 FILED IN OS
344/15 BY THE RESPONDENT BEFORE THE SUB
COURT AT IRINJALAKUDA.
EXHIBIT P2. COPY OF THE OBJECTION FILED BY
PLAINTIFFS TO IA 470/15 IN OS 344/15, ON
THE FILES OF THE SUB COURT AT IRINJALAKUDA.
EXHIBIT P3. COPY OF THE ORDER IN IA 470/15
IN OS 344/15 DATED 20.3.15 OF THE SUB COURT
AT IRINJALAKUDA.
//True copy// PA to Judge
