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Sunny T.V vs The Vengola Grama Panchaya
2026 Latest Caselaw 758 Ker

Citation : 2026 Latest Caselaw 758 Ker
Judgement Date : 23 January, 2026

[Cites 1, Cited by 0]

Kerala High Court

Sunny T.V vs The Vengola Grama Panchaya on 23 January, 2026

Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.47852 of 2025




                                     1
                                                     2026:KER:6211

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

       FRIDAY, THE 23RD DAY OF JANUARY 2026 / 3RD MAGHA, 1947

                           WP(C) NO. 47852 OF 2025


PETITIONER(S):


              SUNNY T.V
              AGED 61 YEARS, S/O. LATE VARGHESE, THURUTHIYIL HOUSE,
              VENGOLA PO, PERUMBAVOOR, ERNAKULAM DISTRICT,
              PIN - 683556


              BY ADV.
              SRI.JOSEPH M.P.




RESPONDENT(S):


      1       THE VENGOLA GRAMA PANCHAYA
              VENGOLA COMMUNITY HALL, PERUMBAVOOR - PUTHENKURISH
              ROAD, VENGOLA, ERNAKULAM DISTRICT REPRESENTED BY ITS
              SECRETARY., PIN - 683556

      2       KERALA STATE POLLUTION CONTROL BOARD (COMPLAINT CELL)
              PLAMOODU - THEKKAMOODU ROAD, NEAR RAYMOND SHOP,
              PATTOM, THIRUVANANTHAPURAM DISTRICT REPRESENTED BY
              ITS MEMBER SECRETARY., PIN - 695004

      3       THE STATION HOUSE OFFICER
              PERUMBAVOOR POLICE STATION, PERUMBAVOOR, ERNAKULAM
              DISTRICT, PIN - 683542

      4       ALI M.K
              MAROTTICKAL HOUSE, POOKATTUPADI, KUNNATHUNADU TALUK,
              ERNAKULAM DISTRICT -, PIN - 683561
 W.P.(C) No.47852 of 2025




                                   2
                                                   2026:KER:6211

              BY ADVS.
              SMT. K.J. SHENCY, GP
              SRI. T. NAVEEN, SC - PCB
              SRI.P.THOMAS GEEVERGHESE
              SMT.STIYA SIVAN
              SMT.K.R.RENJU
              SMT.ASITHA M.M.
              SMT.ANJITHA APREM
              SMT.HARITHA HARINATH
              SMT.ATHIRA SUDHEER V.



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.47852 of 2025




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                                                            2026:KER:6211


                         P.V.KUNHIKRISHNAN, J.
                  ---------------------------------------------
                       W.P.(C) No.47852 of 2025
              ------------------------------------------------------
                Dated this the 23rd day of January, 2026


                                   JUDGMENT

The above writ petition is filed seeking the following

reliefs:

"i)To issue a writ of mandamus or any other appropriate writ or order directing the 1st respondent to enforce Ext. P4 Stop Memo against the 4th respondent in its letter and spirit forthwith or within such time as this Hon'ble Court may deem fit and proper in the interest of justice.

ii)To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to take immediate action against the 4th respondent for operating the car washing unit without obtaining statutory consent under the relevant environmental laws and to prevent further water and air pollution.

iii)To issue a writ of mandamus or any other appropriate writ, order or direction, directing respondent Nos. 1 to 3 to consider and dispose of Exts. P1 to P2 complaints within a time frame to be fixed by this Hon'ble Court, after conducting a proper inspection and hearing all affected parties.

iv) Dispense with filing the translated version of the documents that are in their vernacular language.

v)To issue a declaration that the continued operation of the car washing unit by the 4th respondent, without licence or statutory consent and in violation of the stop memo, is illegal, arbitrary

2026:KER:6211

and unconstitutional, being violative of Article 21 of the Constitution of India.

vi)To issue a writ of mandamus or any other appropriate writ or order directing respondents 1 to 3 to ensure that no polluting activity is permitted to be carried on in close proximity to the petitioner's residence, having regard to the petitioner's age and serious medical condition.

vii)To grant such other reliefs as this Hon'ble Court may deem just and proper in the interest of justice, including costs." [SIC]

2. When this writ petition came up for

consideration on 19.12.2025, this Court passed the

following order:

"Admit.

Issue notice to respondents 1 and 4 through speed post. Adv. T. Naveen takes notice for the 2 nd respondent. The learned Government Pleader takes notice for the 3 rd respondent.

If the 4th respondent is conducting the car washing unit without license either from the Panchayat or the Pollution Control Board, the Panchayat shall take necessary measures to close down the establishment forthwith."

3. This Court as per judgment dated 23.01.2026 in

WP(C) No.48525/2025, issue certain directions. In the light

of the above directions, the interim order dated 19.12.2025

2026:KER:6211

can be retained.

Therefore, the interim order dated 19.12.2025 is

retained. I make it clear that the party respondent can

conduct the car washing unit only with proper license and

with consent from the statutory authorities, in accordance

with law.

With the above observation, this Writ Petition is

disposed of.

Sd/-


                                               P.V.KUNHIKRISHNAN,
                                                      JUDGE
nvj

Judgment reserved               NA
Date of Judgment             23.01.2026
Judgment dictated            23.01.2026
Draft Judgment placed        24.01.2026
Final Judgment uploaded      27 .01.2026






                                                     2026:KER:6211


APPENDIX OF WP(C) NO. 47852 OF 2025

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE COMPLAINT DATED 29/10/2025 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P2 A TRUE COPY OF THE COMPLAINT DATED 15/12/2025 SUBMITTED BY WIFE OF THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P3 A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 15/12/2025 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER Exhibit P4 A TRUE COPY OF THE STOP MEMO BEARING JC2-5547029,5051684/25 DATED 12/12/2025 ISSUED BY THE 1ST RESPONDENT TO THE WIFE OF 4TH RESPONDENT

 
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