A writ petition regarding objections to a hot mix plant establishment was dismissed as infructuous after both sides confirmed the prayers had become moot.
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. 1440 OF 2017
PETITIONER/S:
1JOICE JOSEPH
AGED 35 YEARS
S/O JOSEPH, KOTTATHIL, ARUMANOR P.O,
AYARKKUNAM,KOTTAYAM DISTRICT – 686564.
2 PRASANNA MOHANAN AGED 44 YEARS, W/O MOHANAN NAIR,VALLOMPARAMBIL, AYARKUNNAM,ARUMANUR,KOTTAYAM DISTRICT – 686564.
BY ADVS.
SRI.RAJAN VISHNURAJ
SRI.V.HARISH
RESPONDENT/S:
1 THE DISTRICT COLLECTOR KOTTAYAM, KOTTAYAM-KUMILY ROAD, COLLECTORATE,KOTTAYAM – 686001.
2 AYARKUNNAM GRAMA PANCHAYATH PANCHAYATH OFFICE, AYARKUNNAM P.O,KOTTAYAM DISTRICT – 686564, REPRESENTED BY ITS SECRETARY.3 THE SECRETARY AYARKUNNAM GRAMA PANCHAYTH,PANCHAYATH OFFICE, AYARKUNNAM P.O,KOTTAYAM DISTRICT – 686564.
4 ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD,DISTRICT OFFICE, KOTTAYAM-686001.
5 V.K. JANARDHANAN NAIR VADAKKEPUTHENPURA HOUSE, VARAPETTY P.O,KOTHAMANGALAM, ERNAKULAM DISTRICT-686691.
W.P.(C) No.1440/2017
2
6VARKEY SEBASTIAN
MANDAPATHIL VEETTIL, AYARKUNNAM VILLAGE,
ARUMANUR KERA, KOTTAYAM DISTRICT – 686564.
BY ADVS.
KUM.M .ANJU THOMAS
SRI.DEEPAK MOHAN
SRI.JOMY GEORGE
SRI.PEEYUS A.KOTTAM
SRI.SEBASTIAN THOMAS
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.1440/2017
3
P.V.KUNHIKRISHNAN, J.
===========================
W.P.(C) No.1440 OF 2017
===========================
Dated this the 06th day of June, 2024
JUDGMENT
Both sides submitted that, the prayers in this writ
petition are infructuous.
Therefore, this Writ petition is dismissed as
infructuous.
Sd/-
P. V. KUNHIKRISHNAN
SLR
W.P.(C) No.1440/2017
4
APPENDIX OF WP(C) 1440/2017
PETITIONER EXHIBITS
EXHIBIT P1A TRUE PHOTOCOPY OF THE TAX
RECEIPT OF THE RESIDENCE, WHEREIN
THE 1ST PETITIONER RESIDES.
EXHIBIT P2A TRUE PHOTOCOPY OF AADHAAR CARD
OF THE 2ND PETITIONER.
EXHIBIT P3A TRUE PHOTOCOPY OF ID CARD OF THE
2ND PETITIONER ISSUED BY THE
ANGANWADI UNDER ICDS PROJECT,
PALLOM.
EXHIBIT P4TRUE PHOTOGRAPHS OF THE SITE IN
WHICH THE 5TH RESPONDENT IS
ESTABLISHING THE HOT MIX PLANT.
EXHIBIT P5A TRUE PHOTOCOPY OF THE RTI REPLY
FROM THE SUPERVISOR, ICDS PROJECT,
PALLOM EVIDENCING THE STRENGTH OF
THE ANGANWADI.
EXHIBIT P6A TRUE PHOTOCOPY OF NEWSPAPER
ARTICLE DATED 20.12.2016 FEATURED
IN MANORAMA DAILY.
EXHIBIT P7A TRUE PHOTOCOPY OF THE NOTICE
DATED 30.11.2016 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P8A TRUE PHOTOCOPY OF THE STOP MEMO
DATED 09.12.2016 ISSUED BY THE 3RD
RESPONDENT.
W.P.(C) No.1440/2017
5
EXHIBIT P9A TRUE PHOTOCOPY OF THE ORDER NO.
7566/2016 DATED 29.12.2016 ISSUED
BY THE 1ST RESPONDENT.
EXHIBIT P10A TRUE PHOTOCOPY OF THE JUDGMENT
DATED 09.12.2016 IN WPC NO.38356
OF 2016.
Joice Joseph
Prasanna Mohanan
The District Collector Kottayam
Ayarkunnam Grama Panchayath
The Secretary Ayarkunnam Grama Panchayath
Environmental Engineer Kerala State Pollution Control Board
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court