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High Court of KeralaWP(C)/12093/2014closed

M.N.Vijayan v. Vazhakulam Grama Panchayath

2015-07-08Honourable Smt. Justice P.V.Asha3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNESDAY, THE 8TH DAY OF JULY 2015/17TH ASHADHA, 1937 WP(C).No. 12093 of 2014 (J) ---------------------------- PETITIONER(S):

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1. M.N.VIJAYAN, AGED 45 YEARS, S/O. SRI.THANKAPPAN, RESIDING AT MUNDAKKAKUDI MARAMPILLY P.O., NORTH EZHIPRAM, ALUVA-683 105.

2. SRI. DINESH M.K. AGED 35 YEARS S/O. SRI.KUMARAN, MUNDAKKAKUDI, MARAMPILLY P.O. NORTH EZHIPRAM, ALUVA-683 105.

BY ADVS.SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P.

SMT.ANILA PETER SRI.J.VIVEK GEORGE SMT.C.PRABITHA RESPONDENT(S):

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1. VAZHAKULAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, VAZHAKULAM ERNAKULAM-683 107.

2. KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, (ERNAKULAM-II), PERUMBAVOOR 1ST FLOOR, MANNA RESIDENCY, M.C.ROAD PERUMBAVOOR, PIN-683 542 REPRESENTED BY ITS ENVIRONMENTAL ENGINEER.

3. DISTRICT MEDICAL OFFICER OF HEALTH DISTRICT MEDICAL OFFICE OF HEALTH, ERNAKULAM PARK AVENUE, MARINE DRIVE, KOCHI-682 011.

4. SRI. MUHAMMED N.P.

S/O. SRI.PAREED, NATHEKATTU HOUSE, NORTH EZHIPURAM MARAMPILLY P.O., PIN-683 015.

R4 BY ADV. SRI.I.DINESH MENON R1 BY ADV. DR.K.P.SATHEESAN (SR.) R1 BY ADV. SRI.M.R.JAYAPRASAD R1 BY ADV. SRI.P.MOHANDAS (ERNAKULAM) R1 BY ADV. SRI.ANOOP.V.NAIR R1 BY ADV. SRI.S.VIBHEESHANAN BY GOVERNMENT PLEADER SRI. NOUSHAD THOTTATHIL R2 BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 12093 of 2014 (J) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 : COPY OF INFORMATION NUMBERED AS PCB/EKM.DO2/RTI/GEN-9/2011 OBTAINED BY THE 1ST PETITIONER FROM THE 2ND RESPONDENT DTD.21.11.2013. EXT.P2 : COPY OF COVERING LETTER NUMBERED AS PCB/EKM.DO2/RTI/GEN-9/2011 AND INFORMATION OBTAINED BY THE 1ST PETITIONER FROM THE 2ND RESPONDENT DTD.21.11.2013.

EXT.P3 : COPY OF INFORMATION NUMBERED AS NO.21/2013 OBTAINED BY A NEIGHBOUR OF THE PETITIONERS FROM THE VILLAGE OFFICER, VAZHAKULAM, DTD.29.10.2013.

EXT.P4 : COPY OF REPORT SUBMITTED BY THE VILLAGE OFFICER, VAZHAKULAM TO THE TAHSILDAR, KUNNATHUNADU, DTD.9.10.2013.

P5 : COPY OF REPORT SUBMITTED BY THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, VAZHAKULAM TO THE MEDICAL OFFICER, MALAYIDAMTHURUTHU, DTD.20.5.2013.

EXT.P6 : COPY OF REPRESENTATION SUBMITTED TO THE 1ST RESPONDENT DTD.28.4.2014.

RESPONDENTS EXHIBITS:

NIL -------------------------------------- /TRUE COPY/ P.A. TO JUDGE SKV

P.V.ASHA, J.

=================== W.P.(C). No.12093 OF 2014 ======================= Dated this the 8th day of July, 2015

JUDGMENT

When the writ petition came up for hearing the learned counsel for the petitioners submitted that she had already invoked a statutory remedy against the license issued in the matter of Sand Manufacturing Unit.

Under the above circumstance, this writ petition is closed leaving open the contentions raised by the petitioners with liberty to move as and when necessary. Sd/- P.V.ASHA, JUDGE SKV