On admission of a 2018 writ petition alleging illegal functioning of cement godowns causing health hazards, the High Court of Kerala noted service defects and pending status, directing petitioners to approach competent authorities instead, and disposed of the petition without passing an interim order.
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 P.V.KUNHIKRISHNAN
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 11795 OF 2018
PETITIONERS:
BY ADV SRI.S.S.RAJESH
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY,HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENTSECRETARIAT, THIRUVANANTHAPURAM695001.
W.P (C) No.11795 of 2018
2
KOLLAM MUNICIPAL CORPORATION, KOLLAM-691001.
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.11795 of 2018
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P.V.KUNHIKRISHNAN,J.
- - - - - - - - - - - - - - - - - - - - - W.P (C) No.11795 of 2018
- - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of June, 2024
JUDGMENT
This writ petition is filed with the following prayers:-
“i) issue a writ of Mandamus or any other appropriate Writ, Order or Direction, directing the respondents 2 to 6 to take immediate and effective steps to stop the functioning of illegal cements godowns by the respondents 7 and 8, as stated in Exhibits P1 to P6.
ii) issue a writ of Mandamus or any other appropriate Writ, Order or Direction, directing the 4th respondent to issue a stop memo to the respondents 7 and 8 against their illegal functioning of cement godowns as referred in Exhibit P6 complaint and to take effective steps to close down the illegal functioning of the cement godowns.
iii) to issue such other directions or orders as this Hon'ble Court may deem fit and proper in the nature and circumstances of the case.” (SIC)
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petitioners, the petitioners are free to approach the competent authority among the respondents with an appropriate representation and if such a representation is received, the competent authority among the respondents will do the needful with notice to the petitioners and respondent Nos.7 to 9.
With the above observations, this writ petition is disposed
of. Sd/-
P.V.KUNHIKRISHNAN JUDGE
bng
W.P (C) No.11795 of 2018
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APPENDIX OF WP(C) 11795/2018
PETITIONER EXHIBITS
| EXHIBIT P1 | TRUE COPY 12/2/2018 AND OTHER RESPONDENT |
OF T SUBMI LOCAL . |
HE MASS COMPLAINT DATED TTED BY THE PETITIONERS RESIDENTS BEFORE THE 2ND |
|---|---|---|---|
| EXHIBIT P2 | TRUE COPY 12.2.2018 OTHER LOCA KOLLAM MUN |
OF T SUBMIT L RES ICIPAL |
HE MASS COMPLAINT DATED TED BY THE PETITIONER AND IDENTS BEFORE THE MAYOR, CORPORATION. |
| EXHIBIT P3 | TRUE COPY 07.03.2018 AND OTHER RESPONDENT |
OF T SUBM LOCAL ALONG |
HE MASS COMPLAINT DATED ITTED BY THE PETITIONER RESIDENTS BEFORE THE 3RD WITH ITS RECEIPT. |
| EXHIBIT P4 | TRUE COPY 03.03.2018 AND OTHER RESPONDENT |
OF T SUBM LOCAL ALONG |
HE MASS COMPLAINT DATED ITTED BY THE PETITIONER RESIDENTS BEFORE THE 5TH WITH ITS RECEIPT. |
| EXHIBIT P5 | TRUE COPY 03.03.2018 AND OTHER RESPONDENT |
OF T SUBM LOCAL ALONG |
HE MASS COMPLAINT DATED ITTED BY THE PETITIONER RESIDENTS BEFORE THE 6TH WITH ITS RECEIPT. |
| EXHIBIT P6 | TRUE COPY 21.03.2018 AND OTHER RESPONDENT |
OF T SUBM LOCAL . |
HE MASS COMPLAINT DATED ITTED BY THE PETITIONER RESIDENTS BEFORE THE 4TH |
| EXHIBIT P7 | TRUE COPY 17/3/2018 THE 4TH RE LAL. |
OF ISSUED SPOND |
THE STOP MEMO DATED BY THE HEALTH OFFICER OF ENT TO THE SAID RATHEESH |
| EXHIBIT P8 | TRUE COPY PETITIONER |
OF . |
MEDICAL RECORDS OF 6TH |
| EXHIBIT P9 | TRUE COPY MR.GOPI. |
OF | THE MEDICAL RECORDS OF |
SAJEEV KUMAR ADIKKALLATHU VEEDU and others
STATE OF KERALA REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT
DISTRICT COLLECTOR KOLLAM
KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE KOLLAM
KOLLAM MUNICIPAL CORPORATION
DISTRICT MEDICAL OFFICER KOLLAM
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
