IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 4932 of 2004(K) ------------------------------------ PETITIONER: ---------------- K.VIDHYADHARAN, AJEESH HOUSE, KANNAMCODU MURI, ADOOR VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY SMT.THANKOM.G SRI.VARGHESE BABU RESPONDENTS: -------------------- 1. THE SUB DIVISIONAL MAGISTRATE, ADOOR. 2. THE MUNICIPAL SECRETARY, ADOOR MUNICIPALITY, ADOOR. 3. HEALTH INSPECTOR, ADOOR MUNICIPALITY, ADOOR. 4. SMT.KOMALA UNNIKRISHNAN, MANAGING DIRECTOR, KERALA HOSPITALITY LTD., MULLASSERIL VEETTIL, CHATHANNUPUZHA MURI, ERATHU VILLAGE. BY ADV. SRI.R.RAMADAS GOVERNMENT PLEADER SRI. BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4932/2004 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF the COMPLAINT DTD. 13.6.89. EXT. P2 : COPY OF THE ORDER OF RDO DTD. 23.6.89. EXT. P3 : COPY OF the ORDER DTD. 3.5.94 PASSED BY THE SUB- DIVISIONAL MAGISTRATE, ADOOR. EXT. P4 : COPY OF the COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 5.8.2003. EXT. P5 : COPY OF the ORDER DTD. 29.11.03 PASSED BY THE SUB-DIVISIONAL MAGISTRATE, ADOOR. EXT. P6 : COPY OF the PETITION SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY, ADOOR MUNICIPALITY. EXT. P7 : COPY OF the REPLY SENT BY THE 2ND RESPONDENT. EXT. P8 : COPY OF the ORDER DTD. 30.12.03 PASSED BY THE SUB-DIVISIONAL MAGISTRATE, ADOOR UNDER SEC. 137(2) OF the Cr.P.C. 1ST RESPONDENT'S EXHIBITS: EXT. R1(a) : COPY OF the REPORT OF the VILLAGE OFFICER DTD. 6.9.03. EXT. R1(b) : COPY OF the ORDER EXT. R1(c) : COPY OF the OBJECTION FILED BY THE 4TH RESPONDENT BEFORE THE THEN SUB DIVISIONAL MAGISTRATE. // True Copy // P.A. to Judge. smp KURIAN JOSEPH, J. --------------------------------------- W.P.(C). No. 4932 OF 2004 --------------------------------------- Dated this the 11th day of April, 2008. J U D G M E N T The writ petition is filed with the following prayers: i) To call for the records leading to Ext. P8 and to quash the said order by issue of writ of certiorari or any other appropriate writ or direction or order. ii) To issue writ of mandamus directing the first respondent to conduct appropriate enquiry into the matter and pass order in accordance with law. iii) To issue a writ of mandamus directing respondents 2 and 3 and to consider Ext.P6 petition and take appropriate action for abate the nuisance caused by the 4th respondent forthwith. In case the petitioner has still any grievance left, he may approach the first respondent, in which case, appropriate action in accordance with law will be taken by the first respondent, with notice to the petitioner, within another four months. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. ps KURIAN JOSEPH, J. W.P.(C) No. 4932 OF 2004 J U D G M E N T 11.04.2008