IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 WP(C).No. 5494 of 2010(J) -------------------------------------- PETITIONER(S): ---------------------- MARTIN.P.J., AGED 36, S/O JOSE, PUTHUSSERY HOUSE, CHIRAKKULAM, VARAPUZHA. BY ADVS.MR.PRAVEEN K. JOY MR.T.A.ABDUL RASHEED MR.ADEEP ANWAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY, SECRETARIAT, TRIVANDRUM. 2. DISTRICT COLLECTOR, ERNAKULAM. 3. DISTRICT MEDICAL OFFICER, ERNAKULAM. 4. ADDITIONAL DIVISIONAL OFFICER, FIRE & RESCUE DEPARTMENT, KAKKANAD. 5. KERALA STATE POLLUTION CONTROL BOARD, KAKKANAD, ERNAKULAM REP.BY SECRETARY. 6. THE SECRETARY, VARAPUZHA GRAMA PANCHAYAT. 7. THE EXECUTIVE ENGINEER, N.H.AUTHORITY, ERNAKULAM. 8. ASST.EXECUTIVE ENGINEER, KSEB, VARAPUZHA. 9. JOHNY PAUL, AGED 52, S/O.PAUL, THENNAMKODATHU, PUTHENPALLY, VARAPUZHA. R1 TO R4 BY GOVERNMENT PLEADER MR.K.RAMESH R5 BY ADVS. MR.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOARD R6 BY MR.V.A.MUHAMMED, MR.V.K.GOPALAKRISHNAN. R8 BY ADV. MR.P.P.THAJUDEEN, SC, K.S.E.B R9 BY ADV.MR.P.T.SEBASTIAN, MR.K.M.SUBIAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.5494/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PETITION DTD. 8.2.2010 BEFORE THE 2ND RESPONDENT. P2:- COPY OF THE PETITION DTD. 8.2.2010 BEFORE THE 4TH RESPONDENT. P3:- COPY OF THE PETITION BEFORE THE 6TH RESPONDENT DTD. 4.2.2010. P4:- COPY OF THE RECEIPT DTD. 11.2.2010 OF THE 6TH RESPONDENT. P5:- COPY OF THE PETITION DTD. 8.2.2010 BEFORE THE 5TH RESPONDENT. P6:- COPY OF THE REPORT IN MALAYALA MANORAMA DAILY DTD. 15.2.2010. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 5494 of 2010-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of March, 2010. JUDGMENT The petitioner herein has approached this Court aggrieved by the inaction on the part of the second respondent against the illegal action of the 9th respondent. 2. The 9th respondent who has constructed a two floor building about 5-6 years back and has sanction only for two floor from the Panchayat, is putting up an Iron Tower almost 54 tonnes weight with almost 8 floor height. The same is the substance of the complaint raised in this writ petition. Ext.P2 is the complaint filed before the fourth respondent. There was another complaint by the members of the public also, as per Ext.P3. It is the case of the petitioner that there is no permission from the District Medical Officer and no sanction is there from the Pollution Control Board also. The sanction of the KSEB is also necessary since it is having the height of eight floors and there is a big generator to be kept. Sanction from Fire and Rescue Department is also necessary. 3. There will be a direction to the District Collector to consider wpc 5494/2010 2 Ext.P1 with notice to the respondents and after hearing them, within a period of three months from the date of receipt of a copy of this judgment. Necessary enquiries will be made before the matter is finally disposed of. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/