The petitioner sought to challenge a disturbance in his locality. The court accepted that his representation was already considered by the Panchayath and found no cause of action remaining.
The writ petition was closed as infructuous.
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 T.R.RAVI
FRIDAY, THE 18TH DAY OF JUNE 2021 / 28TH JYAISHTA, 1943
WP(C) NO. 10182 OF 2021
PETITIONER:
M. SAINUDEEN AGED 60 YEARS
SON OF MOIDEEN KUNJU, NADAKKAVINTE KIZHAKKATHIL,
PALLIMURI, PORUVAZHY,
SOORANADU P.O, KOLLAM.
BY ADVS. P.K.NIJOY SMT.C.PRABITHA SMT.K.R.REMYA (KARUKAYIL) SRI.REJOICE B.CHEMBAKASSERIL
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-01.
KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOLLAM-691 013.
WP(C) NO. 10182 OF 2021
2
7 PORUVAZHY GRAMA PANCHAYATH OFFICE OF PORUVAZHY GRAMA PANCHAYATH, PORUVAZHY P.O, KOLLAM-680 520. REPRESENTED BY ITS SECRETARY.
8 PORUVAZHY GRAMA PANCHAYATH COMMITTEE OFFICE OF PORUVAZHY GRAMA PANCHAYATH, PORUVAZHY P.O, KOLLAM-680 520. REPRESENTED BY ITS SECRETARY.
9 SAINUDEEN PARANKIMAVILAYIL HOUSE, PORUVAZHY, KOLLAM-680 520. 10 SAJITHA PARANKIMAVILAYIL HOUSE, PORUVAZHY, KOLLAM-680520. BY SHRI.RAVIKRISHNAN, GP BY SHRI S.BIJU (KIZHAKKANELA) BY SHRI.VINOY VARGHESE KALLUMOOTTIL, SC, PORUVAZHY GRAMA PANCHAYAT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10182 OF 2021
3
JUDGMENT
Dated this th e 18 th day of June 2021
The learned counsel for the petitioner submits that his
representation has already been considered by the
Panchayath and nothing survives in this writ petition.
The writ petition is closed as infructuous.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) NO. 10182 OF 2021
4
APPENDIX OF WP(C) 10182/2021
PETITIONER EXHIBITS
| EXHIBIT P1 | TRUE COPY OF THE ORDER DATED 18/02/2021 ISSUED BY THE 4TH RESPONDENT. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE OFFICE MEMORANDUM DATED 7/1/2021 ALONG WITH THE GUIDELINES ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD. |
| EXHIBIT P3 | TRUE COPY OF THE OFFICE MEMORANDUM DATED 29/01/2021 ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD. |
| EXHIBIT P4 | TRUE COPY OF THE COMPLAINT FILED BEFORE THE 7TH RESPONDENT. |
| EXHIBIT P5 | TRUE COPY OF THE GUIDELINES ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD ON THE BASIS OF THE ORDER OF NATIONAL GREEN TRIBUNAL. |
| EXHIBIT P6 | TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 7TH RESPONDENT PANCHAYATH. |
| EXHIBIT P7 | TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 8TH RESPONDENT PANCHAYATH COMMITTEE. |
| EXHIBIT P8 | TRUE COPY OF THE NOTICE DATED 20.02.2021 ISSUED BY THE 4TH RESPONDENT TOWN PLANNER. |
| EXHIBIT P9 | TRUE COPY OF THE CIRCULAR DATED 24.02.2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD. |
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
1 issue framed by the court
Whether the writ petition is infructuous since the representation was already considered by the Panchayath.
1 provisions across 1 enactments
M. Sainudeen
State of Kerala
District Collector, Kollam
Central Pollution Control Board
District Town Planner, Kollam
Environmental Engineer, Kerala State Pollution Control Board
T.R. Ravi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court