IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 W.P(C).No. 32289 of 2007(R) ---------------------------------- PETITIONER: -------------- KALAMASSERY MUNICIPALITY REPRESENTED BY ITS SECRETARY, KALAMASSERY P.O., ERNAKULAM. BY ADV. SRI.C.K.ABDUL RAHIM RESPONDENTS: ----------------- 1. THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM. 2. SRI.N.RAMACHANDRAN, JOINT SECRETARY, ASSOCIATION FOR ENVIRONMENTAL PROTECTION (REGISTRATION NO.E 249/86) HIGH ROAD, ALUVA 683 101. BY ADV. SRI.D.B.BINU FOR R.2 SRI.THOMSTINE K.AUGUSTINE SRI.C.N.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 32289 OF 2007 - R = = = = = = = = = = = = = = = Dated this the 16th June 2008 J U D G M E N T Kalamassery Municipality has filed this writ petition challenging Exts. P9 and P10 which are interim orders passed by the Ombudsman restraining the Municipality from dumping solid waste within the radius of 1 k.m. of Periyar river or its tributaries. This Court admitted the writ petition on 31.10.2007 and an interim order to keep the order in abeyance was also passed. 2. Today, an application filed by the 2nd respondent, on whose complaint the Ombudsman had passed the interim order, for getting the interim order vacated came up for consideration. Counsel for the petitioner submits that subsequent to the filing of the writ petition the Ombudsman rejected Ext. P7 complaint filed by the 2nd respondent. The counsel for 2nd respondent is unaware of this, but is satisfied with the statement made by the learned counsel for the petitioner. If that be so, since the main complaint stands W.P.(C) No. 32289 OF 2007 -2- rejected the interim order passed by the Ombudsman cannot survive any more. The writ petition is therefore closed in view of the submission of the learned counsel for the petitioner. ANTONY DOMINIC JUDGE jan/-