IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 30973 of 2011(V) --------------------------------------- PETITIONER(S): -------------------- DAVIS.M.V, S/O. VAREED, AGED 49 YEARS, RESIDING AT MANGALAN HOUSE, PULIPPARAKUNNU DESOM, MANAKULANGARA POST, KODAKARA, THRISSUR DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): ------------------------ 1. THE KODAKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KODAKARA GRAMA PANCHAYATH, KODAKARA, THRISSUR DISTRICT, PIN - 680 684. 2. THE HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, KODAKARA, THRISSUR DISTRICT, PIN - 680 684 3. JOSE, ST. JOSEPH INDUSTRIES, PULIPPARAKUNNU DESOM, MANAKULANGARA POST, KODAKARA, THRISSUR DISTRICT - 680 684 R2 BY GOVT. PLEADER SRI.M.MOHAMED SHAFI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.30973/2011 APPENDIX PETITIONER(S) EXHIBITS P1:- COPY OF THE CERRTIFICATE ISSUED BY DR. REKHA GOPINATH OF DISTRICT HOSPITAL, THRISSUR DATED 05/11/2011 CERTIFYING THAT THE WIFE OF THE PETITIONER JOLLY DAVIS IS SUFFERING FROM MODERATE PERSISTENT ASTHMA. P2:- COPY OF THE PRESCRIPTION ISSUED BY THE DOCTOR ATTACHED TO THE PRIMARY HEALTH CENTRE, MALA DATED 10/01/2011. P3:-COPY OF THE PRESCRIPTION ISSUED BY THE DOCTOR ATTACHED TO THE PRIMARY HEALTH CENTRE, MALA DATED 31/08/2011 P4:- COPY OF THE PRESCRIPTION ISSUED BY DR.S. PAUL SANKOORIKAL CONSULTANT PHYSICIAN DATED 05/09/2011. P5:- COPY OF THE PRESCRIPTION DATED 10/07/2011 ISSUED BY SANTHI HOSPITAL, KODAKARA. P6:- COPY OF THE REPRESENTATION DATED 22/08/2011 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. P7:- COPY OF THE RECEIPT DATED 22/08/2011 ISSUED BY THE IST RESPONDENT EVIDENCING THE RECEIPT OF EXHIBIT-P6 P8:- COPY OF THE REQUEST MADE BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT TO THE IST RESPONDENT. P9:-T COPY OF THE COMMUNICATION DATED 23/09/2011 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. P10:- COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT TO THE LOCAL HEALTH OFFICER, MATTATHUR COMMUNITY HEALTH CENTRE. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss K.SURENDRA MOHAN, J = = = = = = = = = = = = = WP(C).No.30973 of 2011-V. = = = = = = = = = = = = = Dated this the 21st November, 2011. J U D G M E N T The petitioner is a permanent resident of Kodakara Grama Panchayat. The complaint of the petitioner is that the third respondent is conducting a furniture manufacturing unit hardly 15 meters away on the eastern side of his residential building. The case of the petitioner is that large quantities of furniture both wooden and steel are being manufactured using raw materials like iron, steel, wood, paints and other chemicals indiscriminately. Consequently, the third respondent is causing serious air and sound pollution apart from nuisance to the petitioner and his family. According to the petitioner, his wife has consequently become an asthma patient. The petitioner's child who is a mentally challenged person is being accommodated in a hostel because of the pollution. The WP(C).No.30973/2011-V. 2 petitioner has also a case that the third respondent is conducting his manufacturing activities without obtaining any licence as required by law. Though the petitioner has been complaining to the authorities, it is contended that no action has been taken on his complaint till date. The petitioner has produced Ext.P6, one of the complaints submitted by him, which is still pending before the first respondent. He seeks the issue of a direction for the consideration and disposal of Ext.P6. 2. Since Ext.P6 is pending consideration of the first respondent, it is sufficient that the same is directed to be considered and disposed of without delay. 3. In the above circumstance, this writ petition is disposed of directing the first respondent to consider the grievance of the petitioner set out in his representation, evidenced herein by Ext.P6, in accordance with law and to pass appropriate orders thereon, as expeditiously as WP(C).No.30973/2011-V. 3 possible and at any rate within a period of one month from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, (Judge) Kvs/-