The Court disposed of the writ petition by directing Respondents 1 and 2 to take up complaints (Exts.P5 and P6) alleging pollution caused by the third respondent and pass orders within two months.
Direction to Respondents 1 and 2 to take up Exts.P5 and P6 complaints and pass orders within two months.
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
TUESDAY, THE 4TH DAY OF JANUARY 2022 / 14TH POUSHA, 1943
WP(C) NO. 29844 OF 2021
PETITIONER:
JOSCO JEWELLERS PVT LTD RAJEEV GANDHI MUNICIPAL SHOPPING COMPLEX, CENTRAL JUNCTION, THIRUNAKKARA, KOTTAYAM, 686 101, REP.BY ITS MANAGING DIRECTOR, P.A.JOSE, S/O.ANTONY, AGED 72 YEARS, PAYAPILLI HOUSE, PUTHANANGADI, THIRUVATHUKKAL P.O., KOTTAYAM 686 003
BY ADVS. BINOY VASUDEVAN SREEJITH SREENATH
RESPONDENTS:
3 THE APARTMENT OWNERS ASSOCIATION DD DIAMOND VALLEY, A PROJECT OF DESAI HOMES, EDACHIRA P.O., KAKKANAD, ERNAKULAM DISTRICT. 682 030.
BY ADVS. R1 BY S.JAMAL, SC, THRIKKAKARA MUNICIPALITY SRI. RAJEEV JYOTHISH GEORGE. GP R2 BY ADV.T. NAVEEN, SC, PCB R3 BY ADV.RAJESH VIJAYENDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 29844 OF 2021
2
T.R. RAVI, J.
W.P.(C)No. 29844 of 2021
Dated this the 04th day of January, 2022
JUDGMENT
The third respondent appears through the counsel. Service
complete. The only prayer in this writ petition is for a direction to respondents 1 and 2 to take up Exts.P5 and P6 complaints and to
consider and pass orders on the same. The complaints are regarding pollution which are alleged to have been caused by the third respondent.
2 . In the light of the limited prayer made in the writ petition, the writ petition is disposed of directing respondents 1 and 2 to take up Exts.P5 and P6 complaints and pass orders on the
same at the earliest, at any rate, within a period of two months from the date of receipt of the copy of this judgment.
Sd/-T.R. RAVI JUDGE
lsn
WP(C) NO. 29844 OF 2021
3
APPENDIX OF WP(C) 29844/2021
| PETITION | ER EXHIB | ITS | |
|---|---|---|---|
| Exhibit | P1 | TRUE COPY OF THE DATED 21.10.2021 OFFICER, KAKKANAD |
POSSESSION CERTIFICATE ISSUED BY THE VILLAGE |
| Exhibit | P2 | TRUE COPY OF THE NIL ISSUED BY THE KAKKANAD |
LAND TAX RECEIPT DATED VILLAGE OFFICER, |
| Exhibit | P3 | TRUE COPY OF THE NO.K.9030/K.DIS D REVENUE DIVISIONA |
PROCEEDINGS VIDE ATED 10.2.2011 OF THE L OFFICER, FORT KOCHI |
| Exhibit | P4 | TRUE COPY OF THE 9428/2020 DATED 1 DIVISIONAL OFFICE |
PROCEEDINGS NO.H3- 0.2.2011 OF THE REVENUE R, FORT KOCHI |
| Exhibit | P5 | TRUE COPY OF THE THE PETITIONER BE ON 9.11.2021 |
COMPLAINT PREFERRED BY FORE THE 1ST RESPONDENT |
| Exhibit | P5(A) | TRUE COPY OF THE 1ST RESPONDENT AC |
RECEIPT ISSUED BY THE KNOWLEDGING EXHIBIT P-5 |
| Exhibit | P6 | TRUE COPY OF THE THE PETITIONER BE ON 9.11.2021 |
APPLICATION PREFERRED BY FORE THE 2ND RESPONDENT |
| Exhibit | P6(A) | TRUE COPY OF THE 2ND RESPONDENT AC APPLICATION. |
RECEIPT ISSUED BY THE KNOWLEDGING EXHIBIT P-6 |
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
1 issue framed by the court
Whether to direct the Municipality and the Pollution Control Board to take up and pass orders on the complaints regarding pollution.
JOSCO JEWELLERS PVT LTD
THE THRIKKAKARA MUNICIPALITY
THE KERALA STATE POLLUTION CONTROL BOARD
THE APARTMENT OWNERS ASSOCIATION DD DIAMOND VALLEY
T.R. RAVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
