IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 21047 of 2011(E) -------------------------- PETITIONER(S): --------------- A.N.SOMASEKHARAN PILLAI, SUNIL SADANAM, KUTTOOR P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.P.VINODKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, PATHANAMTHITTA-689645. 2. THE REVENUE DIVISIONAL OFFICER, THIRUVALLA, PATHANAMTHITTA-689645. 3. THE DISTRICT MEDICAL OFFICER, PATHANAMTHITTA-689645. 4. KUTTOOR GRAMA PANCHAYATH , KUTTOOR REPRESENTED BY SECRETARY-689106. 5. THE HEALTH INSPECTOR, P.H.C.KUTTOOR, THIRUVALLA, PATHANAMTHITTA-689106. 6. MURALEEDHARAN NAIR, KARTHIKA HOUSE, KUTTOOR P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN-689106. SR. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.21047/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER PASSED BY R2. P2 COPY OF THE NOTICE DT 24.6.11. P3 COPY OF THE PETITION. // True Copy // P.A. To Judge ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 21047 of 2011 E ``````````````````````````````````````````````````````````` Dated this the 31st day of August, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Grievance of the petitioner is against Ext.P2. Ext.P2 is a notice issued by the fifth respondent, directing the petitioner not to dump waste in the property behind his residential house. According to the petitioner, at his instance, proceedings were initiated against the sixth respondent on the allegation that he was dumping waste. Accordingly, pursuant to the directions of this Court in W.P.(C) No.25526/2008 filed by the petitioner, Ext.P1 order was passed by the second respondent. It is alleged that in view of the above, at the instance of the sixth respondent, Ext.P2 order has been issued, without any basis. 2. However, instructions obtained by the learned Government Pleader indicate that, when the sixth respondent conducted an inspection, he found it was the petitioner who had dumped waste and it was therefore W.P.(C) No.21047/2011 : 2 : Ext.P2 order was issued. 3. As already stated, case of the petitioner is that Ext.P2 has been issued by the fifth respondent at the instance of the sixth respondent and is vitiated for malafides. In this writ petition, it is unnecessary for this Court to examine those disputed contentions and if the petitioner has a case that Ext.P2 is bad for any reason, it is open to the petitioner to file his objection before the sixth respondent in which event, it is necessary that the sixth respondent shall, enquire into his case and pass a final order in the matter. Therefore, I dispose of this writ petition, giving liberty to the petitioner to file his objection to Ext.P2, which shall be done within two weeks from today and if it is so filed, the fifth respondent will hear the petitioner, conduct necessary inspection and pass final orders in the matter. Sd/- (ANTONY DOMINIC, JUDGE) aks/31/08 // True Copy // P.A. To Judge