Parameswaran Nair v. Secretary, Vallikunnu Grama Panchayath

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937 WP(C).No. 24949 of 2012 (P) ---------------------------- PETITIONER :

---------------------- P.PARAMESWARAN NAIR, PARASERI HOUSE, ARIYALLUR P.O., VALLIKUNNU, PIN-676 312, MALAPPURAM DISTRICT.

BY ADV. SMT.LEELA R.

RESPONDENT(S):

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

1. SECRETARY, VALLIKUNNU GRAMA PANCHAYATH, VALLIKKUNNU GRAMA PANCHAYATH OFFICE, ARIYALLUR P.O., VALLIKKUNNU, MALAPPURAM-676 312.

2. VALLIKUNNU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, GRAMA PANCHAYATH OFFICE, ARIYALLUR P.O., VALLIKKUNNU, MALAPPURAM-676 312.

3. BASHEER PARAMBAN, "DHIL", MARAMATHU THAZHAM, VAIDARANGADI, RAMANATTUKARA, KOZHIKODE-673 633.

R1 & R2 BY ADV. SRI.BABU CHERUKARA R3 BY ADVS. SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.24949/2012 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE COMPLAINT DATED 16/11/2011 P2 COPY OF THE LETTER NO.6829/2012 DATED 1/8/2012. RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.S.TO JUDGE sts

A.M. SHAFFIQUE, J.

============= W.P. (C) No. 24949 of 2012 =================== Dated this, the 29th day of October, 2015

J U D G M E N T

Petitioner has ventilated his grievance regarding the pollution being caused and the respective damages occassioned on account of the functioning of a unit conducted by the 3rd respondent. According to the petitioner, respondents 1 and 2 are not taking action in the matter though representations were submitted to stop the construction activities.

Having regard to the nature of averments made in this writ petition, I am of the view that this writ petition can be disposed of reserving right of the petitioner to file a fresh representation to the 1st respondent, if he is still aggrieved by the activities of the 3rd respondent and in that event, the 1st respondent shall consider the same and pass appropriate orders within a further period of two months from the date of receipt of the said representation.

Sd/- A.M. SHAFFIQUE, JUDGE Rp29/10/2015 //True Copy// PS to Judge