Petitioner filed a writ petition seeking directions to authorities to address a complaint about a metal crusher unit lacking requisite licenses and to stop its operation. The Court found no surviving cause of action and disposed of the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
THURSDAY, THE 3RD DAY OF OCTOBER 2013/11TH ASWINA, 1935
WP(C).No. 3516 of 2008 (R)
PETITIONER : -
PALANADAN MOHAMMED, AGED 65 YEARS, S/O.SAIDALAVI, KORALICHAL, KAVANNUR P.O., ARECODE.
BY ADV. SRI.P.SHAMSUDIN
RESPONDENTS: -
R2 BY ADV. SRI.A.SUDHI VASUDEVAN R3 BY ADV. SRI.C.S.AJITH PRAKASH R4 & R5 BY ADV. SRI.K.C.ELDHO R2 BY ADV. SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD BY GOVERNMENT PLEADER SMT. M.J. RAJASREE BY ADV. SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOARD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3516 of 2008 (R)
APPENDIX
PETITIONER'S EXHIBITS :
| Exhibit P1 : | TRUE COPY OF THE COMPLAINT BEFORE THE DISTRICT COLLECTORATE MALAPPURAM DATED 03.11.2007. |
|---|
| Exhibit P2 : TRUE COPY |
OF THE RECEIPT DATED 03.11.2007. |
|---|
| Exhibit P3 : | TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2nd RESPONDENT DATED 03.11.2007. |
|---|---|
| Exhibit P4 : | TRUE COPY OF THE RECEIPT DATED 03.11.2007 ISSUED BY THE 3rd RESPONDENT. |
| Exhibit P5 : | TRUE COPY OF THE CIRCULAR DATED 01.05.1998 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD. |
RESPONDENTS' EXHIBITS :
Exhibit R3(a) : TRUE COPY OF THE PROCEEDINGS No. A2/58/07 DATED 08.02.2007. Exhibit R3(b) : TRUE COPY OF THE LICENCE ISSUED BY THE 3rd RESPONDENT PANCHAYATH DATED 31.7.2007.
// TRUE COPY //
P.A. TO JUDGE
DMR/-
P.R. RAMACHANDRA MENON, J.
---------------------------------------
W.P.C.No.3516 OF 2008
Dated this the 3rd day of October, 2013.
JUDGMENT
The petitioner has approached this Court with the following
prayers:-
“ i) Issue a writ of mandamus or any other appropriate writ, order, or direction to the 1st respondent to look in to Ext.P1 complaint, consider the grievance of the petitioner and pass appropriate orders expeditiously after hearing the petitioner.
ii) Issue a writ of mandamus or any other appropriate writ, order or direction to the 2nd respondent to look in to Ext.P3 complaint, consider the grievance of the petitioner and pass appropriate orders expeditiously after hearing the petitioner.
iii) Issue a writ of mandamus or any other appropriate writ, order or direction to the 1st and 2nd respondents to consider the grievance of the petitioner and pass appropriate orders to stop the functioning of the metal crusher unit run by respondents 4 and 5 by illegal means.
iv) Issue such other reliefs as this Court deems fit to grant in the nature of.”
Counter Affidavit has been filed from the part of the respondents
4 and 5. The 3rd respondent Panchayath has filed a Counter Affidavit, pointing out that no specific relief is sought for against the Panchayath.
2
W.P.C.No.3516 OF 2008
upon. It is made clear that the crusher unit can continue operation only if and till it is supported by all the requisite licenses, valid as on date, issued by the Local Authority and also by the Pollution Control Board.
Writ petition is disposed of accordingly.
P.R. RAMACHANDRA MENON, JUDGE
sp
2 issues framed by the court
Whether the current cause of action in the writ petition survives.
Whether the court should grant relief to stop the functioning of the metal crusher unit.
PALANADAN MOHAMMED
THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM
THE DISTRICT OFFICER, POLLUTION CONTROL BOARD, MALAPPURAM
THE SECRETARY, KAVANOOR GRAMA PANCHAYATH
K.P.SULAIMAN HAJI
ABDURAHIMAN
P.R. RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
