IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 WP(C).No. 23560 of 2008(D) ---------------------------------------- PETITIONER(S): ------------------------ BENNY THOMAS, S/O THOMAS, AGED 44 YEARS, KALLUMADATHIL HOUSE, KADAPPATTUR P.O., KOTTAYAM DISTRICT BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENT(S): --------------------------- 1. PALA MUNCIPALITY, REPRESENTED BY ITS SECRETARY. 2. SENIOR ENGINEER, POLLUTION CONTROL BOARD, KOTTAYAM. 3. AUGUSTINE, ELAVUTHUNKAL HOUSE, KADAPPATTUR P.O., KOTTAYAM DISTRICT. R1 BY ADV.SRI.V.M.KURIAN R2 BY ADV.SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOARD R3 BY ADV.SRI.SUNIL CYRIAC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23560/2008 D APPENDIX PETITIONER'S EXHIBITS: P1: PHOTOGRAPH OF THE LOCATION. P2: COPY OF THE MEDICAL CERTIFICATE DTD. 9/05/2008 ISSUED FROM I.H.M.HOSPITAL, BHARANANGANAM. P3: COPY OF THE REPRESENTATION DTD. 7/04/2008 SUBMITTED BEFORE THE 1ST RESPONDENT. P4: COPY OF THE ORDER DTD. 13/05/2008 ISSUED BY THE 1ST RESPONDENT. P5: COPY OF THE NOTICE DTD. 13/05/2008 ISSUED BY THE 1ST RESPONDENT. P6: COPY OF THE NOTICE DTD. 20/05/2008 ISSUED BY THE 1ST RESPONDENT. P7: COPY OF THE LETTER DTD. 4/06/2008 ISSUED BY THE DISTRICT MEDICAL OFFICER, KOTTAYAM. P8: COPY OF THE NOTICE DTD. 25/06/2008 ISSUED BY THE HEALTH INSPECTOR GRADE II. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.23560/2008-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of July, 2010 J U D G M E N T The main prayer in the writ petition is for a direction to the first respondent to take immediate and effective action to stop the illegal functioning of the furniture unit in the building bearing 14/249 of Pala Municipality, by the third respondent. This Court has passed the following interim order on 02/09/2008:- “In view of Exts.P6, P7 and P8, there will be interim direction to the first respondent to ensure that the said orders are duly complied with.” 2. Heard the learned counsel for the petitioner, the learned counsel appearing for the Municipality, the learned counsel appearing for the Pollution Control Board and the learned counsel for the third respondent. The learned counsel for the Municipality submitted that after the interim order, the unit is not functioning. The learned counsel for the petitioner therefore prayed that maintaining the interim order, the writ petition may be closed. 3. In the light of the fact that the order has been implemented and as no further relief is sought for by the W.P.(C). No.23560/2008 -:2:- petitioner, the writ petition is closed. This will not stand in the way of the third respondent raising his grievance, if any, before the concerned authorities. (T.R. Ramachandran Nair, Judge.) ms