Residents' writ petitions against a neighbouring establishment before the District Collector were withdrawn as the issue was pending before the Collector on the court's earlier directions.
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 MOHAMMED NIAS C.P.
MONDAY, THE 15TH DAY OF JULY 2024 / 24TH ASHADHA, 1946
WP(C) NO. 181 OF 2024
PETITIONER:
SURENDRAN.S
AGED 61 YEARS
ERAMATHUVEEDU, NELLISERI, VELLARADA P.O,
THIRUVANANTHAPURAM, PIN - 695505
BY ADV M.R.SARIN
RESPONDENTS:
1THE DISTRICT COLLECTOR
2ND FLOOR CIVIL STATION BUILDING,
CIVIL STATION ROAD,
THIRUVANANTHAPURAM, PIN - 695043
2THE ENVIRONMENT ENGINEER
THE DISTRICT POLLUTION CONTROL BOARD,
PUSHPA NAGAR, NETHAJI NAGAR, PLAMMOODU,
THIRUVANANTHAPURAM, KERALA, PIN - 695033
3VELLARADA GRAMA PANCHAYAT
VELLARADA THIRUVANANTHAPURAM
REPRESENTED BY ITS SECRETARY, PIN - 695505
4 THE SECRETARY VELLARADA GRAMA PANCHAYAT, VELLARADA THIRUVANANTHAPURAM, PIN - 6955055SREEKANDAN
AVANI, MABHAZHAKARA, PERUMPAZHUTHOOR P.O,
THIRUVANANTHAPURAM, PIN - 695126
BY ADVS.
ENOCH DAVID SIMON JOEL
S.SREEDEV(K/1219/2006)
RONY JOSE(K/705/2012)
LEO LUKOSE(K/001131/2016)
KAROL MATHEWS SEBASTIAN ALENCHERRY(K/126/2010)
DERICK MATHAI SAJI(K/1901/2021)
WP(C) Nos.181 of 2024 and connected cases
2
KARAN SCARIA ABRAHAM(K/003189/2023)
OTHER PRESENT:
SMT.PREETHA K.K., SR.GP, SRI.J.S.AJITH KUMAR, SC,
SRI.T.NAVEEN, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.07.2024, ALONG WITH WP(C).16665/2024, 16679/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.181 of 2024 and connected cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 15TH DAY OF JULY 2024 / 24TH ASHADHA, 1946
WP(C) NO. 16665 OF 2024
PETITIONER:
ASHOKAN,
AGED 60 YEARS
LAKSHMI BHAVAN, NELLISSERY, VELLARADA,
THIRUVANANTHAPURAM, PIN - 695505
BY ADV M.R.SARIN
RESPONDENTS:
1 THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, 2ND FLOOR CIVIL STATION BUILDING, CIVIL STATION ROAD, THIRUVANANTHAPURAM, PIN - 6950432 THE VELLARADA GRAMA PANCHAYATH, PANACHUMOODU.P.O, THIRUVANANTHAPURAM REP BY ITS SECRETARY, PIN - 6955053 THE SECRETARY, VELLARADA GRAMA PANCHAYATH,PANCHUMOODU P.O, THIRUVANANTHAPURAM, PIN - 6955054 SREEKANDAN.B, AGED 64 YEARS MAMPAZHAKKARA, PERUMPAZHUTHOOR.P.O, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 6951265THE ENVIRONMENTAL ENGINEER,
POLLUTION CONTROL BOARD, PALLAMOODU,
PATTOM,THIRUVANANTHAPURAM, PIN - 695004
BY ADVS.
ENOCH DAVID SIMON JOEL
WP(C) Nos.181 of 2024 and connected cases
4
S.SREEDEV
RONY JOSE
LEO LUKOSE
KAROL MATHEWS SEBASTIAN ALENCHERRY
DERICK MATHAI SAJI
KARAN SCARIA ABRAHAM
SMT.PREETHA K.K., SR.GP, SRI.J.S.AJITH KUMAR, SC,
SRI.T.NAVEEN, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.07.2024, ALONG WITH WP(C).181/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.181 of 2024 and connected cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 15TH DAY OF JULY 2024 / 24TH ASHADHA, 1946
WP(C) NO. 16679 OF 2024
PETITIONER:
SURENDRAN,
AGED 62 YEARS
IRAMATHU VEEDU, NELLISSERY, VELLARADA,
THIRUVANANTHAPURAM, PIN - 695505
BY ADV M.R.SARIN
RESPONDENTS:
1 THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, 2ND FLOOR CIVIL STATION BUILDING, CIVIL STATION ROAD, THIRUVANANTHAPURAM, PIN - 6950432 THE VELLARADA GRAMA PANCHAYATH, PANACHUMOODU.P.O, THIRUVANANTHAPURAM, REP BY ITS SECRETARY, PIN - 6955053 THE SECRETARY, VELLARADA GRAMA PANCHAYATH,PANCHUMOODU P.O, THIRUVANANTHAPURAM, PIN - 6955054 SREEKANDAN.B, AGED 64 YEARS S/O BHASKARAN, AVANI, MAMPAZHAKKARA, PERUMPAZHUTHOOR.P.O, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 6951265 THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD,PALLAMOODU, PATTOM,THIRUVANANTHAPURAM, PIN - 695004BY ADVS.
ENOCH DAVID SIMON JOEL
WP(C) Nos.181 of 2024 and connected cases
6
S.SREEDEV
RONY JOSE
LEO LUKOSE
KAROL MATHEWS SEBASTIAN ALENCHERRY
DERICK MATHAI SAJI
KARAN SCARIA ABRAHAM
SMT.PREETHA K.K., SR.GP, SRI.J.S.AJITH KUMAR, SC,
SRI.T.NAVEEN, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.07.2024, ALONG WITH WP(C).181/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.181 of 2024 and connected cases
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 15TH DAY OF JULY 2024 / 24TH ASHADHA, 1946
WP(C) NO. 17097 OF 2024
PETITIONER:
BINDHU.K.S,
AGED 46 YEARS
NOOLIYAM, KULATHINKARA, NELLISERI,
VELLARADA, THIRUVANANTHAPURAM, PIN - 695505
BY ADV M.R.SARIN
RESPONDENTS:
1 THE DISTRICT COLLECTOR, 2ND FLOOR CIVIL STATION BUILDING, CIVIL STATION ROAD, THIRUVANANTHAPURAM, PIN - 6950432 THE VELLARADA GRAMA PANCHAYAT, PANACHUMOODU.P.O, THIRUVANANTHAPURAM, REP BY ITS SECRETARY, PIN - 6955053 THE SECRETARY , VELLARADA GRAMA PANCHAYATH, PANCHUMOODU P.O, THIRUVANANTHAPURAM, PIN - 6955054 SREEKANDAN.B, AGED 64 YEARS MAMPAZHAKKARA, PERUMPAZHUTHOOR.P.O,NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 6951265 THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, PALLAMOODU, PATTOM, THIRUVANANTHAPURAM, PIN - 695004BY ADVS.
ENOCH DAVID SIMON JOEL
S.SREEDEV(K/1219/2006)
WP(C) Nos.181 of 2024 and connected cases
8
RONY JOSE(K/705/2012)
LEO LUKOSE(K/001131/2016)
KAROL MATHEWS SEBASTIAN ALENCHERRY(K/126/2010)
DERICK MATHAI SAJI(K/1901/2021)
KARAN SCARIA ABRAHAM(K/003189/2023)
SMT.PREETHA K.K., SR.GP, SRI.J.S.AJITH KUMAR, SC,
SRI.T.NAVEEN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2024, ALONG WITH WP(C).181/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.181 of 2024 and connected cases
9
MOHAMMED NIAS C.P., J.
==================================
W.P.(C.) Nos. 181, 16665, 16679,
17097 of 2024
===================================
Dated this the 15th day of July, 2024
J U D G M E N T
The learned counsel for the petitioner seeks permission to withdraw all the writ petitions on the ground that the issue in question is being considered by the District Collector on the directions of this Court.
In view of the above submission, these writ petitions are dismissed as withdrawn.
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
LU
WP(C) Nos.181 of 2024 and connected cases
10
APPENDIX OF WP(C) 16665/2024
PETITIONER EXHIBITS :
EXHIBIT P1
THE TRUE COPY OF THE REPRESENTATION FILED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT
DATED 19.04.2024
WP(C) Nos.181 of 2024 and connected cases
11
APPENDIX OF WP(C) 16679/2024
PETITIONER EXHIBITS :
EXHIBIT P1
THE TRUE COPY OF THE REPRESENTATION FILED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT
DATED 19.04.2024
WP(C) Nos.181 of 2024 and connected cases
12
APPENDIX OF WP(C) 17097/2024
PETITIONER EXHIBITS :
EXHIBIT P1THE TRUE COPY OF THE REPRESENTATION FILED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT
DATED 28.03.2024
RESPONDENT EXHIBITS
EXHIBIT R4(A)TRUE COPY OF THE ACKNOWLEDGEMENT CERTIFICATE
DATED 17.08.2021 ISSUED BY THE DISTRICT
INDUSTRIES CENTRE, THIRUVANANTHAPURAM.
EXHIBIT R4(B)TRUE COPY OF THE INTERIM ORDER DATED
02.08.2023 IN WP(C) NO. 24116/2023 ON THE
FILES OF THIS HON'BLE COURT.
EXHIBIT R4(C)TRUE COPY OF THE CONSENT TO OPERATE DATED
02.08.2022 ISSUED BY THE POLLUTION CONTROL
BOARD VALID UP TO 31.05.2027.
EXHIBIT R4(D)TRUE COPY OF THE CERTIFICATE OF DEEMED
LICENSE DATED 07.03.2023 ISSUED BY THE
DISTRICT SINGLE WINDOW CLEARANCE BOARD TO THE
4TH RESPONDENT.
EXHIBIT R4(E)TRUE COPY OF THE LETTER DATED 27.05.2024
ISSUED BY THE 3RD RESPONDENT TO THE 4TH
RESPONDENT.
WP(C) Nos.181 of 2024 and connected cases
13
APPENDIX OF WP(C) 181/2024
PETITIONER EXHIBITS :
EXHIBIT P1THE TRUE COPY OF REPRESENTATION LETTER FILED
BY THE PETITIONER BEFORE THE 2ND RESPONDENT
DATED ON 20. 12. 2023
EXHIBIT P2THE TRUE COPY OF REPRESENTATION LETTER FILED
BY THE PETITIONER BEFORE THE 3RD RESPONDENT
DATED ON 20. 12. 2023
EXHIBIT P3
THE TRUE COPY OF REPRESENTATION LETTER FILED
BY THE PETITIONER BEFORE THE 1ST RESPONDENT
DATED ON 21. 12. 2023
// True Copy // PA to Judge
Surendran S
Ashokan
Surendran
Bindhu K.S
District Collector, Thiruvananthapuram
Sreekandan / Sreekandan B
Mohammed Nias C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court