IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 WP(C).No. 3944 of 2009(T) ------------------------- PETITIONER(S): --------------- ELAYASHERRIL KUDUMBA YOGAM,NOORNAD, REPRESENTED BY ITS PRESIDENT G.JAYADEVAN, ERAMAKUZHI MURI, NOORNAD VILLAGE. BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REPRESENTED BY THE HOME SECRETARY,SECRETARIAT,THIRUVANANTHAPURAM. 2. RAVEENDRA PRASAD,THE DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR. 3. S.I.OF POLICE,POLIC STATION, NOORNAD-690504. 4. DISTRICT POLLUTION CONTROL BOARD, ALAPPUZHA DISTRICT. REP BY ITS ENVIRONMENT ENGINEER. BY GOVT. PLEADER SRI. P.N. SANTHOSH BY SC SRI. CHANDRAMOHAN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.3944 OF 2009 ------------------------ Dated this the 17th day of February, 2009. JUDGMENT Challenge in this writ petition is against Ext.P5, by which the second respondent has imposed certain conditions on the petitioner in using sound system in the temple. Pleadings in the writ petition itself show that the proceedings were initiated on the basis of a complaint made by one Sri. Rajakumaran. 2. When this writ Petition came up for orders on 5.2.2009, the case was adjourned with a specific direction to the petitioner to implead the aforesaid complainant. Today, not only that impleading petition has not been filed, counsel ventured to proceed with the arguments on merit. 3. When an order is challenged, it is necessary that the person at whose instance the order was passed should WPC No.3944/09 be impleaded. This has not been done in this case, despite giving opportunity to the petitioner. Therefore, the writ Petition is only to be dismissed for non-impleadment of the necessary party. I do so. (ANTONY DOMINIC) JUDGE vi/