Sreenivasan Vs. the Revenue Divisional Officer - Court Judgment

SooperKanoon Citationsooperkanoon.com/1015130
CourtKerala High Court
Decided OnJul-02-2013
JudgeHONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
AppellantSreenivasan
RespondentThe Revenue Divisional Officer
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice p.r.ramachandra menon tuesday, the 2nd day of july 2013 11th ashadha, 1935 wp(c).no. 10520 of 2013 (l) ---------------------------- petitioner: ------------- sreenivasan, aged 5 years, s/o. kuttappan, inchakottayil, muttam muri, cheppad village, karthikappally taluk, harippad, alappuzha district. by adv. sri.b.mohanlal respondents: ----------- 1. the revenue divisional officer chengannoor p.o., alappuzha district-689 121.2. the environmental engineer, kerala state pollution control board, district office, alappuzha-688 001.3. the tahsildar, karthikappally taluk, karthikappally p.o. alappuzha-690 516.4. the village officer, cheppad village, cheppad p.o., alappuzha-690 507.5. the district medical officer, collectorate, alappuzha-688 001.6. the cheppad grama panchayath, represented by its secretary, cheppad p.o., harippad alappuzha-690 507. wp(c).no. 10520 of 2013 (l) :2. :7. sri.rajan inchakottayil hollow bricks, muttam muri cheppad village, karthikappally taluk, harippad alappuzha district-690 514. r2 by adv. sri. m.ajay, sc, kerala state pollution control board r7 by adv. sri.g.hariharan r7 by adv. sri.praveen.h. r6 by adv. sri.d.ajithkumar by government pleader sri.joseph george by sri.m.r.arunkumar, sc, pollution control board this writ petition (civil) having come up for admission on 02-07-2013, the court on the same day delivered the following: ab p.r.ramachandra menon,j.- - - - - - - - - - - - - - - - - - - - - w.p.(c) no. 10520 of 201.- - - - - - - - - - - - - - - - - - - - - - - - - - dated this the 2nd day of july, 2013 judgment the petitioner has approached this court with the following prayers : "i). to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 6 to take effective measures so as to curb the illegal functioning of the hollow bricks unit run by the 7th respondent in sy. no.435/5/1 of cheppad village in door no:v/435 of cheppad grama panchayath after conducting enquiry. ii). to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 6 to take effective measures to restrain the 7th respondent and his henchmen from illegal conduct of hollow bricks unit run by the 7th respondent in sy. no.435/1/1 of cheppad village in door no.:v/435 of cheppad grama panchayath by initiating effective legal action. iii). to declare that the functioning of the hollow bricks unit run by the 7th respondent in sy. no.435/5/1 of cheppad village in door no:v/435 of cheppad grama panchayath is in blatant violation of the water ( prevention & w.p.(c) no.10520/2013 2 control pollution) act 1974. air pollution and control pollution) act 1981 and environment (protection) at 1986 and kerala panchayath raj act and in exercise of criminal procedure code causing tremendous respiratory complaints, skin diseases and polluting drinking water in the well of the petitioner and his family and the people of th locality due to spreading of cement dust, sound and vibration of the machine in the entire area. iv). to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 6 to afford the petitioner an opportunity of being heard before issuing license and its renewal to the 7th respondent. v). to issue such other reliefs as this hon'ble court may deem fit and proper in the circumstances of the case." 2). the 7th respondent has filed a counter affidavit producing the consent to operate issued by the pollution control board, the licence issued by the local authority and such other materials enabling the said respondent to run the hollow bricks unit. the learned counsel for the petitioner seeks for permission to withdraw the writ petition with liberty to move the proper authorities challenging the correctness and sustainability of the licence/permit issued to the 7th respondent. w.p.(c) no.10520/2013 3 the permission is granted and the writ petition is dismissed as withdrawn. sd/- p.r.ramachandra menon, judge. dpk. /true copy/ p.s to judge.
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 2ND DAY OF JULY 2013 11TH ASHADHA, 1935 WP(C).No. 10520 of 2013 (L) ---------------------------- PETITIONER: ------------- SREENIVASAN, AGED 5 YEARS, S/O. KUTTAPPAN, INCHAKOTTAYIL, MUTTAM MURI, CHEPPAD VILLAGE, KARTHIKAPPALLY TALUK, HARIPPAD, ALAPPUZHA DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENTS: ----------- 1. THE REVENUE DIVISIONAL OFFICER CHENGANNOOR P.O., ALAPPUZHA DISTRICT-689 121.

2. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, ALAPPUZHA-688 001.

3. THE TAHSILDAR, KARTHIKAPPALLY TALUK, KARTHIKAPPALLY P.O. ALAPPUZHA-690 516.

4. THE VILLAGE OFFICER, CHEPPAD VILLAGE, CHEPPAD P.O., ALAPPUZHA-690 507.

5. THE DISTRICT MEDICAL OFFICER, COLLECTORATE, ALAPPUZHA-688 001.

6. THE CHEPPAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, CHEPPAD P.O., HARIPPAD ALAPPUZHA-690 507. WP(C).No. 10520 of 2013 (L) :

2. :

7. SRI.RAJAN INCHAKOTTAYIL HOLLOW BRICKS, MUTTAM MURI CHEPPAD VILLAGE, KARTHIKAPPALLY TALUK, HARIPPAD ALAPPUZHA DISTRICT-690 514. R2 BY ADV. SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD R7 BY ADV. SRI.G.HARIHARAN R7 BY ADV. SRI.PRAVEEN.H. R6 BY ADV. SRI.D.AJITHKUMAR BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE BY SRI.M.R.ARUNKUMAR, SC, POLLUTION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ab P.R.RAMACHANDRA MENON,J.

- - - - - - - - - - - - - - - - - - - - - W.P.(c) No. 10520 OF 201.- - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2013 JUDGMENT

The petitioner has approached this Court with the following prayers : "i). to issue a writ of mandamus or any other appropriate writ, order or direction commanding the Respondents 1 to 6 to take effective measures so as to curb the illegal functioning of the Hollow Bricks Unit run by the 7th Respondent in Sy. No.435/5/1 of Cheppad Village in Door No:V/435 of Cheppad Grama Panchayath after conducting enquiry. ii). To issue a writ of mandamus or any other appropriate writ, order or direction commanding the Respondents 1 to 6 to take effective measures to restrain the 7th Respondent and his henchmen from illegal conduct of Hollow Bricks Unit run by the 7th Respondent in Sy. No.435/1/1 of Cheppad Village in Door No.:V/435 of Cheppad Grama Panchayath by initiating effective legal action. Iii). To declare that the functioning of the Hollow Bricks Unit run by the 7th Respondent in Sy. No.435/5/1 of Cheppad village in Door No:V/435 of Cheppad Grama Panchayath is in blatant violation of the Water ( Prevention & W.P.(C) No.10520/2013 2 Control Pollution) Act 1974. Air Pollution and Control Pollution) Act 1981 and Environment (Protection) At 1986 and Kerala Panchayath Raj Act and in exercise of Criminal Procedure Code causing tremendous respiratory complaints, skin diseases and polluting drinking water in the well of the Petitioner and his family and the people of th locality due to spreading of Cement Dust, sound and vibration of the machine in the entire area. iv). To issue a writ of mandamus or any other appropriate writ, order or direction commanding the Respondents 1 to 6 to afford the Petitioner an opportunity of being heard before issuing License and its renewal to the 7th Respondent. v). To issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case." 2). The 7th respondent has filed a counter affidavit producing the consent to operate issued by the Pollution Control Board, the licence issued by the Local Authority and such other materials enabling the said respondent to run the Hollow Bricks Unit. The learned counsel for the petitioner seeks for permission to withdraw the writ petition with liberty to move the proper authorities challenging the correctness and sustainability of the licence/permit issued to the 7th respondent. W.P.(C) No.10520/2013 3 The permission is granted and the writ petition is dismissed as withdrawn. Sd/- P.R.RAMACHANDRA MENON, JUDGE. dpk. /True copy/ P.S to Judge.