IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 WP(C).No. 15355 of 2008(S) -------------------------- PETITIONER(S): --------------- T.V.RAPPAI, AGED 68 YEARS, S/O.T.R.VARGHESE, THOLATH HOUSE, KANJANY ROAD, AYYANTHOLE, THRISSUR-3. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI SMT.SARITHA DAVID CHUNGATH RESPONDENT(S): --------------- 1. THRISSUR CORPORATION, CORPORATION OFFICE, THRISSUR, REPRESENTED BY ITS SECRETARY. 2. THE DISTRICT ANIMAL WELFARE OFFICER, THRISSUR. 3. THE REVENUE DIVISIONAL OFFICER, THRISSUR. 4. SRI.B.J.EENASU, M/S.NEW KERALA TIMBER, KANJANI ROAD, THRISSUR. ADV. SRI.K.B.MOHANDAS FOR R1 SRI.LELLULAL T.G.THUNDATHIL FOR R1 SRI.P.SANTHOSH (PODUVAL) FOR R4 SMT.R.RAJITHA FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.15355/2008 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE REPRESENTATION DT. 19.7.2007 SUBMITTED BEFORE THE FIRST RESPONDENT BY THE PETITIONER AND OTHER RESIDENTS OF THE AREA. EXT.P2 : TRUE COPY OF THE REPRESENTATION DT. 19.7.2007 SUBMITTED BEFORE R3 BY THE PETITIONER AND OTHER RESIDENTS OF THE AREA. EXT.P3 : TRUE COPY OF THE NOTICE DT. 9.7.2007 ISSUED TO R4 BY R1. EXT.P4 : TRUE COPY OF THE REPORT DATED 7.11.2007 OF THE HEALTH OFFICER BEFORE R2. EXT.P5 : TRUE COPY OF THE NOTICE DT. 3.1.2008 ISSUED TO 4TH RESPONDENT BY R1. EXT.P6 : TRUE COPY OF THE NOTICE DT. 12.2.2008 ISSUED TO 4TH RESPONDENT BY R1. EXT.P7 : TRUE COPY OF THE DOCTOR'S REPORT DT. 17.11.2007. RESPONDENTS' EXHIBITS : EXT.R4A: TRUE COPY OF THE ORDER NO.A2-13392/07/K.DIS. DT. 28.10.2008 OF THE 3RD RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION. EXT.R4B : TRUE COPY OF THE REPORT ISSUED BY THE ENVIRONMENTAL ENGINEER TO THE DIST. COLLECTOR ALONG WITH ITS ENGLISH TRANSLATION. EXT.RC : TRUE COPY OF THE CERTIFICATE OF OWNERSHIP ISSUED BY THE KERALA FOREST DEPARTMENT. S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.15355 of 2008 ---------------------------------------------- Dated 15th July, 2009. J U D G M E N T Kurian Joseph, J. The writ petition is filed mainly with the following prayer :- “To issue a writ of mandamus directing respondents 2 and 3 to immediately take appropriate steps to abate the nuisance caused by the maintenance of an elephant owned by the 4th respondent in the premises of the New Kerala Timber House within Division No.50 of Thrissur Corporation.” It is seen that the Revenue Divisional Officer and the Environmental Engineer had issued the required directions, as can be seen from Exts.R4(a) and R4(b). It is also seen that those directions have been complied with. Therefore, this writ petition is disposed of making it clear that in case the petitioner has still any grievance left, it will be open to him to approach the Environmental Engineer, in which case, appropriate action in accordance with law with notice to the petitioner and the 4th respondent will be taken forthwith. S.R.BANNURMATH, Chief Justice. KURIAN JOSEPH, Judge. tgs S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.15355 of 2008 ---------------------------------------------- J U D G M E N T Dated 15th July, 2009.