A writ petition was filed regarding pollution caused by a septic tank constructed by respondents 4 and 5. The respondents stated the tank was filled up. Upon recording submissions, the court closed the petition without deciding the merits.
Writ petition closed and recorded matter. No other relief granted.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:-
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
FRIDAY, THE 7TH DAY OF OCTOBER 2016/15TH ASWINA, 1938
W.P(C).No.30646 of 2016 (E)
PETITIONER(S):-
SURESH BABU K.R., AGED 42 YEARS, S/0.LATE K.A. RAGHAVAN, MANAYATTU HOUSE, EROOR SOUTH P.O, TRIPUNITHURA.
BY ADVS.SRI.A.T.ANILKUMAR SMT.V.SHYLAJA.
RESPONDENT(S):-
1. TRIPUNITHURA MUNICIPALITY, REP. BY ITS SECRETARY, TRIPUNITHURA,
2. THE SECRETARY, TRIPUNITHURA MUNICIPALITY,
3. M/S.ANGLE PLUS, 34/982,LAVANYA, ANJUMANA ROAD, MAMANGALAM, EDAPALLY, REPRESENTED BY ITS MANAGING PARTNER SUJESH, AGED 42 YEARS.
4. PRADEEP.S., AGED 45 YEARS, S/O.SUKUMARAN NAIR, VIJAYAMANDIRAM HOUSE, MATTAMBALAM P O, KOTTAYAM DISTRICT.
5. SUDHEESH NAIR, AGED ABOUt 45 YEARS, AAKAL HOUSE, MANAYATTU , KOPPARAMBU, EROOR SOUTH P.O. - 682306.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-
WP(C).No.30646 of 2016 (E)
APPENDIX
PETITIONER(S)' EXHIBITS:-
EXHIBIT P1 TRUE COPY OF REGISTERED SETTLEMENT DEED BEARING NO.873/84 OF TRIPUNITHURA SRO. EXHIBIT P2 TRUE COPY OF THE REGISTERED SETTLEMENT DEED BEARING NO.1109/08 OF TRIPUNITHURA SRO. EXHIBIT P3 PHOTOGRAPHS SHOWING THE POSITION OF SEPTIC TANK. EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT. EXHIBIT P5 THE TRUE COPY OF THE NOTICE.
RESPONDENT(S)' EXHIBITS:-
EXHIBIT R4(a) TRUE COPY OF THE REPLY FILED BY THE 5TH RESPONDENT TO THE 1ST RESPONDENT DATED 29.08.2016.
vku/[ true copy ]
K. Vinod Chandran, J ---------------------------------------W.P.(C) No.30646 of 2016-E
Dated this the 07th day of October, 2016
JUDGMENT
The grievance in the writ petition was with respect to the septic tank constructed by respondents 4 and 5, causing pollution to the petitioner. The respondents 4 and 5 submits, through a counter affidavit, specifically paragraph 6; that the objectionable septic tank was an additional tank, which has already been filled up. The learned Standing Counsel for the Municipality would also submit that due verification has been made and the submission made by the respondents 4 and 5 is correct.
In the circumstances detailed, the writ petition would stand closed, recording the submissions of the parties.
Sd/-
K.Vinod Chandran Judge.
vku/-
[ true copy ]
1 issue framed by the court
Whether the writ petition regarding pollution from a septic tank constructed by respondents should be allowed.
SURESH BABU K.R.
TRIPUNITHURA MUNICIPALITY
THE SECRETARY, TRIPUNITHURA MUNICIPALITY
M/S.ANGLE PLUS
PRADEEP.S.
SUDHEESH NAIR
K.VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
