Citation : 2026 Latest Caselaw 758 Ker
Judgement Date : 23 January, 2026
W.P.(C) No.47852 of 2025
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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
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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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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
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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
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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
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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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