IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 29380 of 2006(V) --------------------------------------- PETITIONER(S): ----------------------- MADHAVAN PILLAI, S/O.GOPALA PILLAI, AGED 62 YEARS, THANNIKKAVILA PURAYIDOM PANAVILAKATHU VEEDU,KANNANKUZHY,CHENKOTTUKONAM P.O BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): -------------------------- 1. THE MUNICIPALITY OF NEYYATTINKARA, REPRESENTED BY ITS SECRETARY, MUNCIPAL OFFICE, NEYYATTINKARA. 2. THE KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS SECRETARY, OFFICE OF KERALA STATE POLLUTION CONTROL BOARD, PATTOM, THIRUVANANTHAPURAM. 3. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, T.C.9/1858, KOCHAR ROAD, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM. 4. THE DISTRICT MEDICAL OFFICER, OFFICE OF THE DISTRICT MEDICAL OFFICER, THIRUVANANTHAPURAM. 5. THE SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION, NEYYATTINKARA. 6. ANIL KUMAR, S/O. D.JUSUS, PROPRIETOR, AKSHAYA FERTILISERS AND CHEMICALS, NEAR AMARAVILA RAILWAY STATION, KANNANKUZHI, AMARAVILA, NEYYATTINKARA. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL FOR R6 SRI.S.VISHNU FOR R6 SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOAR FOR R.2,3 SRI.PIRAPPANCODE V.SREEDHARAN NAIR FOR R1 SRI.PIRAPPANCODE V.S.SUDHIR FOR R1 GOVERNMENT PLEADER SRI.MOHAMMED ANZAR FOR R4, R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.29380 of 2006 ----------------------------------------- Dated this the 29th day of October, 2008 JUDGMENT The writ petition is filed mainly with the following prayer:- (ii) to issue a writ of mandamus or any other appropriate writ, direction or order directing respondent Nos. 1 to 5 to stop the functioning of manure godown of fertilizers and pesticides of respondent No.6 in building No.NMC XVII/205 C under the Akshaya Fertilizers and Chemicals. It is submitted that the godown of the 5th respondent is not functional since there is no licence. Therefore, the writ petition is disposed of making it clear that the 6th respondent or for that matter any person shall function the godown only after obtaining the required permit and licence from the statutory authorities. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.29380 of 2006 ----------------------------------- JUDGMENT 29th October, 2008