IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 11TH JULY 2007 / 20TH ASHADHA 1929 WP(C).No. 34704 of 2004(F) --------------------------------- PETITIONER: --------------- ABDUL MAJEED, S/O.SAINUDDIN, AGED 42 YEARS, KAVINTE PADEETTATHIL HOUSE, KANNAMPILLY BHAGAM MURI, KEERIKAD VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.T.S.RAJAN RESPONDENTS: ----------------- 1. DISTRICT MEDICAL OFFICER, DMO OFFICE, ALAPPUZHA DISTRICT ALAPPUZHA. 2. KAYAMKULAM MUNICIPALITY, REP. BY ITS SECRETARY, KAYAMKULAM P.O., ALAPPUZHA DISTRICT. 3. POOKUNJU, S/O.ABUBACKER KUNJU, AGED ABOUT 53 YEARS, THANTANTAYYATH HOUSE, KEERIKAD VILLAGE, KAYAMKULAM, ALAPPUZHA DISTRICT. BY ADV. SRI.R.RAYA SHENOY SRI.R.PRASANTH KUMAR SRI.R.SUDHIR SHENOI SRI.K.G.RAJAPPAN NAIR SRI.A.SHAFEEK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.34704/2004 APPENDIX PETITIONER'S EXHIBITS EXT.P1:- COPY OF THE ORDER OF THE DMO ALAPPUZHA NO.C2-16983/04 DMO DT. 6.10.04. EXT.P2:- COPY OF THE PETITION DT. 19.10.04 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.34704 OF 2004-F = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 11th day of July, 2007. JUDGMENT The counter affidavit of the second respondent Municipality categorically shows that as of now, necessary action has been taken to abate the pollution and nuisance. It is also the undertaking of the Municipality that if the health authority of the Municipality finds that there is any further dust pollution in the future from the premises of the third respondent, due action will be taken, including for cancellation of his licence. These statements of the second respondent are recorded and the writ petition is disposed of on the basis of such undertaking. THOTTATHIL B. RADHAKRISHNAN, Sha/- JUDGE.