Dismissed

P.E.Shamsudheen v. Kerala State Pollution Control Board

Kerala HC5 Aug 2020WP(C)/39940/2015

Case brief

AI extract

What is this about?

The High Court of Kerala, in a writ petition regarding drinking water supply and encroachment disputes involving a zinc manufacturer, dismissed the petition as not pressed, noting the main issue had been resolved without passing any orders on the substantive relief.

What did the court decide?

The writ petition was dismissed as not pressed, without prejudice to the petitioner's right to approach the court again in case of future short supply of drinking water.

P.E.Shamsudheen Vs Kerala State Pollution Control Board — Kerala HC (2020) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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WEDNESDAY, THE 05TH DAY OF AUGUST 2020 / 14TH SRAVANA, 1942

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WP(C).No.39940 OF 2015(N)

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PETITIONER:

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P.E.SHAMSUDHEEN PALLIMITTATH HOUSE, BINANIPURAM.P.O,EDAYAR-683502.

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BY ADVS.

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SRI.K.K.ASHKAR SMT.ASHIRA MOHAMED ASHROF

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RESPONDENTS:

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1 KERALA STATE POLLUTION CONTROL BOARD PATTOM.P.O,THIRUVANANTHAPURAM-695004, REPRESENTED BY ITS MEMBER SECRETARY.

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2 CHIEF ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, ERNAKULAM REGIONAL OFFICE, GANDHI NAGAR,ERNAKULAM-682020.

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3 ENVIRONMENTAL ENGINEER ENVIRONMENTAL SURVEILLANCE CENTRE, KERALA STATE POLLUTION CONTROL BOARD, FACT QR.NO.S-5,ELOOR EAST, UDYOGAMANDAL.P.O,ERNAKULAM-683501.

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4 THE DISTRICT COLLECTOR COLLECTORATE,ERNAKULAM,KAKKANAD-30.

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5 KERALA WATER AUTHORITY JALABHAVAN,VELLAYAMBALAM, THIRUVANANTHAPURAM-695033, REPRESENTED BY ITS MANAGING DIRECTOR.

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6 SECRETARY KADUNGALLOOR GRAMA PANCHAYATH, MUPPATHADOM.P.O,ALUVA683110.

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7 BINANI ZINC LTD BINANIPURAM,KOCHI-683502, REPRESENTED BY ITS PRESIDENT.

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WP(C).No.39940 OF 2015(N)

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ADDITIONAL R8 IMPLEADED

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ADDL. CENTRAL POLLUTION CONTROL BOARD R8 PARIVESH BHAWAN, CBD-CUM-OFFICE COMPLEX, EAST ARJUN NAGAR, DELHI-110032, REPRESENTED BY ITS CHAIRMAN. (ADDITIONAL 8TH RESPONDENT IMPLEADED AS PER ORDER DATED 03.10.2016 IN I.A. NO.13301/2016)

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R1 TO R3 BY SRI. T.NAVEEN SC, PCB R6 BY ADV. SRI.DINESH MATHEW J.MURICKEN R5 BY ADV. SRI.GEORGE MATHEW, KWA R7 BY ADV. SMT.LATHA ANAND R7 BY ADV. SRI.M.N.RADHAKRISHNA MENON R5 BY SRI.P.BENJAMIN PAUL, SC, KWA R7 BY ADV. SRI.K.ANAND (SR.) R4 BY SRI JESTIN N , GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.39940 OF 2015(N)

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JUDGMENT

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The petitioner, who is stated to be a resident in Ward No.XVIII of the 6^th Grama Panchayat, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to enhance the limit of drinking water supplied free to the residents of Edayar in Ward No.XVIII of Kadungalloor Grama Panchayat, at the cost of the 7^th respondent Binani Zinc Ltd., taking into consideration the number of family members and non-availability of alternate water sources. The petitioner has also sought for other consequential reliefs.

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On 04.01.2016, when this writ petition came up for admission, the learned Standing Counsel for the Kerala State Pollution Control Board took notice for respondents 1 to 3, the learned Government Pleader took notice for the 4^th respondent and the learned Standing Counsel for the Kerala Water Authority took notice for the 5^th respondent. Urgent notice by speed-post was ordered to respondents 6 and 7. This Court has granted an interim order directing respondents 1 to 3 to restrain the 7^th respondent from shifting the plant, machinery and equipments from its premises and it was ordered that the 4^th respondent shall ensure that the said interim order is complied with by the 7^th respondent.

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WP(C).No.39940 OF 2015(N)

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On 01.06.2016, the 7^th respondent has filed a counter affidavit opposing the reliefs sought for in this writ petition, along with I.A.No.6917 of 2016 to vacate the interim order dated 04.01.2016. However, no orders were passed in that interlocutory application.

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On 17.06.2020, the petitioner has filed I.A.No.2 of 2020 seeking an order to dismiss this writ petition as 'not pressed', since the main issue involved in this case has already been solved; reserving his right to approach this Court again, in case of any short supply of drinking water by the 7^th respondent Company in future.

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Having considered the submissions made by the learned counsel on both sides, and also the averments accompanying to the affidavit filed in support of I.A.No.2 of 2020, this writ petition is dismissed as not pressed, without prejudice to the aforesaid right of the petitioner.

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In view of this judgment, I.A.No.1 of 2020 is closed.

Sd/-

ANIL K.NARENDRAN

JUDGE

P.E.Shamsudheen v. Kerala State Pollution Control Board

Case brief

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P.E.Shamsudheen v. Kerala State Pollution Control Board

Case brief

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