IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 29084 of 2010(I) --------------------------------------- PETITIONER(S): ----------------------- C.P. JOSEPH, S/O.PATHROSE, CHANDIYIL HOUSE, THALAYOLAPARAMBU P.O., VAIKOM, KOTTAYAM DISTRICT. BY ADV. SRI.B.PREMOD, SRI.SUDHEER GANESH KUMAR. RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM, COLLECTORATE P.O., KOTTAYAM-1. 2. THE MEDICAL OFFICER, PRIMARY HEALTH CENTER, THALAYOLAPARAMBU P.O., THALAYOLAPARAMBU, 686 605. 3. THE DISTRICT MEDICAL OFFICER, KOTTAYAM DISTRICT, KOTTAYAM-1. 4. THALAYOLAPARAMBU GRAMA PANCHAYATH, REP. BY ITS SECRETARY, THALAYOLAPARAMBU P.O., 686 605. 5. THE KERALA STATE POLLUTION CONTROL BOARD, REP. BY THE POLLUTION CONTROL OFFICER, KOTTAYAM DISTRICT, KOTTAYAM-1. 6. ASSI THOMAS, VAIKKATHUPARAMBIL, VAIKOM P.O., KOTTAYAM-686 141. R1 TO R3 BY GOVT. PLEADER SMT.K.R. DEEPA R5 BY ADV. MR.M.K. CHANDRAMOHAN DAS, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 29084 OF 2010 -------------------------- Dated this the 22ndday of September, 2010 J U D G M E N T The petitioner and the sixth respondent are neighbours. This writ petition is filed apprehending that the business which the sixth respondent is likely to commence, will cause serious inconvenience and prejudice to the petitioner and his family members and on that ground, he seeks the following reliefs: “(i) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents not to grant any license or permit to the industrial establishment proposed to be conducted by the 6th respondent. (ii) To issue a writ of mandamus or such other writ, order or direction directing the respondents to consider and pass appropriate orders in the representations submitted by the petitioner after hearing the petitioner. (iii) To issue a writ of certiorari or any other appropriate writ, order or direction quashing the permit, license or certificates granted to the 6th respondent for commencing the establishment of the petitioner under the name and style Vaikathuparambil Automobiles.” 2. The pleadings and materials placed on record do not disclose that the business activity carried on by the sixth respondent will any way cause injury or inconvenience to the petitioner or his WPC No.29084/2010 2 family members. The business which is proposed to be carried on by the sixth respondent even according to the petitioner is the sale of automobile tires, tubes, flaps, batteries, spare parts, oil etc. Besides this, the sixth respondent also proposes to carry out wheel alignment. These activities cannot in my opinion, said to be inherently dangerous or hazardous unless by reason of that activity any environmental pollution is caused. In such circumstances, I am of the opinion that the attempt of the petitioner is only to prevent the sixth respondent from doing legitimate business and earning an honest living. I therefore find no grounds to entertain the writ petition. The writ petition fails and is accordingly dismissed in limine. P.N.RAVINDRAN, (JUDGE) vps WPC No.29084/2010 3