The petition appeared unopposed with the petitioner absent. The court closed the writ petition after noting prior dismissals due to default, leaving contentions open for other related petitions pending against the same company.
Writ petition closed. No costs.
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 K.VINOD CHANDRAN
WEDNESDAY, THE 23RD DAY OF NOVEMBER 2016/2ND AGRAHAYANA, 1938
WP(C).No. 17728 of 2008 (I)
PETITIONER(S):
JOFFY T.O., S/O LATE OUSEPH, THELEKKATTU VEEDU, KATHIKUDAM P.O., THRISSUR, MUKUNDAPURAM TALUK, KALLOOR VADAKKUMMURY VILLAGE.
BY ADV. SRI.BENNY ANTONY PAREL
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM.
3. KADUKUTTY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KADUKUTTY GRAMA PANCHAYATH, KADUKUTTY.
4. CIRCLE INSPECTOR OF POLICE, CHALAKKUDY.
5. KERALA CHEMICALS & PROTEINS LTD., REPRESENTED BY ITS MANAGING DIRECTOR KALLOOR VADAKUMURY VILLAGE, KHADHIKUDAM P.O., TRICHUR.
R1 & 4 BY GOVERNMENT PLEADER SMT.VINEETHA HAIRRAJ R2 BY ADV. SRI.T.NAVEEN, SC R3 BY ADVS. SRIA.G.UNNIKRISHNAN
SRI.DEVAN K.MENON SRI.SHEEJO CHACKO R5 BY ADVS. SRI.B.S.KRISHNAN(SR.),SC SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN
R5 BY ADVS. SRI.B.S.KRISHNAN(SR.),SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 17728 of 2008 (I)
APPENDIX
PETITIONERS' EXHIBITS
RESPONDENTS' EXHIBITS
R2(A): COPY OF THE LETTER NO.23-24/2007-HSMD DATED 3/1/2008
R5(A): COPY OF JUDGMENT IN OP.10294/02.
/ TRUE COPY /
P.S. TO JUDGE
PJ
K. Vinod Chandran, J
--------------------------------------W.P.(C) No.17728 of 2008-I
Dated, this the 23rd day of November, 2016
JUDGMENT
None appears for the petitioner when the case was called
for hearing.
5th respondent-Company, which is said to be functioning illegally by violating the directions issued by the Kerala State Pollution Control Board and the provisions of the Kerala Panchayat Raj Act, 1994 .
has been continuing its activities. It is submitted that there are a number of writ petitions pending on the very same issue.
WP(C) No.17728 of 2008
earlier also the writ petition was dismissed for default, the writ petition is closed leaving open the contentions in the other writ petitions filed
against the 5th respondent. No costs.
Sd/K.Vinod Chandran Judge.
vku/-
[ true copy ]
Joffy T.O.
State of Kerala
Kerala State Pollution Control Board
Kadukutty Grama Panchayath
Circle Inspector of Police, Chalakudy
Kerala Chemicals & Proteins Ltd.
K.Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
