Writ petition seeking direction to respondents to stop functioning of a plastic recycling unit causing pollution. Court noted unit is closed and granted no further relief.
No further relief granted as the unit is not functioning.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
THURSDAY, THE 16TH DAY OF FEBRUARY 2012/27TH MAGHA 1933
WP(C).No. 2292 of 2012 (J)
PETITIONER:
JAMALUDHEEN V.P., AGED 36 YEARS, S/O.KUNHIMOHAMMED, VATTAPPARAMBIL HOUSE, KAREKKAD, P.O.KADAMPUZHA, MALAPPURAM DISTRICT, PIN-676553.
BY ADV. SRI.SHOBY K.FRANCIS
RESPONDENT(S):
1. MARAKKARA GRAMA PANCHAYATH, MARAKKARA, AC NIRAPPU, P.O.KADAMPUZHA, MALAPPURAM DISTRICT, PIN-676553 REPRESENTED BY ITS SECRETARY.
2. KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, 19/269 A, PERINTHALMANNA ROAD, UP HILL, MALAPPURAM P.O., PIN-676505, REPRESENTED BY ITS ENVIRONMENTAL ENGINEER.
3. MEDICAL OFFICER, PRIMARY HEALTH CENTRE (PHC), MARAKKARA, A.C.NIRAPPU, P.O.KADAMPUZHA, MALAPPURAM DISTRICT, PIN-676553.
4. SUB-INSPECTOR OF POLICE, KALPAKANCHERY POLICE STATION, KADUNGATHUKUNDU, VALAVANNUR P.O., MALAPPURAM DISTRICT-676554.
5. MOOSA HAJI, VETTIKKADAN HOUSE, KAREKKAD P.O., MALAPPURAM DISTRICT, PIN-676553 (PROPRIETOR V.K.PLASTICS RECYCLING UNIT SSI, KAREKKAD P.O., KADAMPUZHA, PIN-676553, MALAPPURAM DISTRICT.)
BY ADV. SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD BY ADV. SRI.JAWAHAR JOSE BY ADV. SMT.CISSY MATHEWS BY ADV. SRI.D.KRISHNA PRASAD BY ADV. SMT.O.K.SANTHA BY ADV. SMT.S.SANTHY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AS
WP(C).No. 2292 of 2012 (J)
APPENDIX
PETITIONER(S) EXHIBITS:
RESPONDENTS' EXHIBITS: NIL
/TRUE COPY/
P.A. TO JUDGE
AS
C.K. ABDUL REHIM, J.
W.P.(c) No. 2292 OF 2012-J
DATED THIS THE 16th DAY OF FEBRUARY, 2012
J U D G M E N T
This writ petition is filed seeking direction to respondents 1 to 4 to take effective steps for stoppage of the functioning of a Plastic Re-cycling Industrial Unit conducted by the 5th respondent, within the limits of 1st respondent panchayat. Complaint of the petitioner is that, inspite of directions issued by 2nd and 3rd respondents to take steps to prohibit functioning of the unit, the panchayat is not taking any effective steps. It is contended that the said authorities had specifically found that the unit is being conducted in a manner causing nuisance, pollution and health hazards to the neighbouring residents.
W.P.(c) No.2292/2012 -2-
with the conditions imposed by the Pollution Control Board in order to avert the apprehended nuisance. Therefore, it is requested that a direction may be issued to the Panchayat to reconsider the matter after reporting of compliance of such conditions.
Sd/-
C.K. ABDUL REHIM,
JUDGE.
AMG
True copy
P.A to Judge
Jamaludheen V.P.
Marakkara Grama Panchayath
Kerala State Pollution Control Board
Medical Officer, Primary Health Centre Marakkara
Sub-Inspector of Police, KalpaKanchery Police Station
Moosa Haji
C.K. Abdul Rehim
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
