High Court of KeralaWP(C)/11539/2014disposed of

Davis M.V v. Kodakara Grama Panchayath

2015-11-16Honourable Mr.Justice V.Chitambaresh5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 ---------------------------- PETITIONER(S):

-------------------------- DAVIS M.V, AGED 51 YEARS, S/O VAREED, MANGALAM HOUSE, PULIPPARAKUNNU DESOM, XV/330, MANAKULANGARA (P.O), KODAKARA, THRISSUR DISTRICT -680 684.

BY ADV. SRI.M.H.HANIL KUMAR.

RESPONDENT(S):

----------------------------

1. KODAKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KODAKARA (P.O), MUKUNDAPURAM TALUK, THRISSUR -680 684.

2. THE SECRETARY, KODAKARA GRAMA PANCHAYATH, KODAKARA (P.O), MUKUNDAPURAM TALUK, THRISSUR- 680 684.

3. THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS ENVIRONMENTAL ENGINEER, 6TH FLOOR, SUN TOWER, KAZHAKKEKOTTA (P.O), THRISSUR -680 005.

4. THE SUB INSPECTOR OF POLICE, KODAKARA POLICE STATION, KODAKARA P.O., THRISSUR DISTRICT -680 684.

5. BIJU JACOB, S/O JACOB, VADAKKETTU HOUSE, MANAKKULANGARA (P.O), PROPRIETOR, ST. JOSEPH INDUSTRIES, PULIPPARAKUNNU DESOM, MANAKKULANGARA (P.O), MUKUNDAPURAM TALUK, THRISSUR DISTRICT -680 684.

* ADDL. R6 IMPLEADED

6. THE AIR APPELLATE AUTHORITY, PETTAH, THIRUVANANTHAPURAM-695 001.

* ADDL. R6 IS IMPLEADED AS PER ORDER DATED 16/11/2015 IN I.A. NO.12684/2015.

R1 & R2 BY ADVS. SRI.SHEEJO CHACKO, SRI.P.JINISH PAUL.

R3 BY ADV. SRI. M.AJAY, SC.

R4 BY GOVT. PLEADER SMT.ANITHA RAVINDRAN.

R5 BY ADV. SRI.A.M.BABU.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DATED 21-08-2013 PASSED BY THIS HON'BLE COURT IN WP(C).NO.11181 OF 2012. EXHIBIT P2 A TRUE COPY OF THE CONSENT TO OPERATE DATED 21-03-2014 ISSUED BY THE POLLUTION CONTROL BOARD.

EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION OF THE SECOND RESPONDENT TO THE STATION HOUSE OFFICER, KODAKARA POLICE STATION DATED 16-01-2014.

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT DATED 28-03-2014. EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT DATED 02-04-2014. EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT DATED 19-04-2014. EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE FOURTH RESPONDENT DATED 04-04-2014. EXHIBIT P8 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 05-11-2011. EXHIBIT P9 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 09-01-2012. EXHIBIT P10. A COPY OF THE INFORMATION FURNISHED TO THE PETITIONER BY THE KODAKARA GRAMA PANCHAYAT DATED 17/05/2014. EXHIBIT P11. A TRUE COPY OF THE PROCEEDINGS OF THE DEPUTY DIRECTOR OF PANCHAYAT, THRISSUR DATED 24/06/2014.

EXHIBIT P12. A TRUE COPY OF THE MEMORANDUM OF APPEAL IN APPEAL NO.18/2014 DATED 20/05/2014 WITHOUT EXHIBITS. EXHIBIT P13. A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 12/02/2015 WITHOUT EXHIBITS.

EXHIBIT P14. A TRUE COPY OF THE REPORT FILED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD DATED 14/10/2014 WITHOUT EXHIBITS.

....2/

RESPONDENT'S EXHIBITS:- EXT.R5A COPY OF THE LETTER DATED 17/11/2011.

EXT.R5B COPY OF THE ORDER DATED 03/07/2014.

EXT.R5C COPY OF THE NOTICE DATED 07/01/2015.

EXT.R5D COPY OF THE 5TH RESPONDENT'S LETTER DATED 21/01/2015. EXT.R5E COPY OF THE 5TH RESPONDENT'S COUNSEL LETTER DATED 07/02/2015 UNDER RIGHT TO INFORMATION ACT. EXT.R5F COPY OF THE REPLY LETTER OF THE 3RD RESPONDENT'S DATED 10/02/2015.

EXT.R5G COPY OF THE 5TH RESPONDENT COUNSEL LETTER DATED 21/01/2015 UNDER RIGHT TO INFORMATION ACT. EXT.R5H COPY OF THE REPLY LETTER OF THE 3RD RESPONDENT'S DATED 06/02/2015.

//TRUE COPY// P.S. TO JUDGE rs.

V.CHITAMBARESH,J -------------------------------------- W.P.(C). No.11539 of 2014 ---------------------------------------------- Dated this the 16th day of November, 2015

JUDGMENT

Ext.R5(d) representation filed by the 5th respondent is pending consideration with the 3rd respondent. I direct the 3rd respondent to consider Ext.R5(d) representation with notice to the petitioner and the 5th respondent. The same shall be done within a period of three weeks from the date of receipt of a copy of this judgment.

Ext.P12 appeal filed against Ext.P2 order is pending consideration with the additional 6th respondent. I direct the additional 6th respondent to consider Ext.P12 appeal with notice to the petitioner and the 5th respondent. The same shall be done within a period of eight weeks from the date of receipt of a copy of this judgment.

This writ petition is disposed of.

Sd/- V.CHITAMBARESH JUDGE rsr