IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 23760 of 2007(C) --------------------------------------- PETITIONER(S): ----------------------- C.K.JAYASREE, W/O V.GIREESH, KAILAS HOUSE, CHELIMADA, KUMILY VILLAGE, PEERUMEDU TALUK. BY ADV. SRI.A.K.HARIDAS RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, DISTRICT OFFICE, THODUPUZHA, IDUKKI DISTRICT. 3. KUMILY GRAMA PANCHAYAT, REPRESENTED BY THE SECRETARY, KUMILY GRAMA PANCHAYAT OFFICE, KUMILY, IDUKKI DISTRICT. 4. SARITHA SHEKHAR, W/O DR. SHEKHAR, ASSISTANT SURGEON, PERIYAR HOSPITAL, KUMILY VILLAGE, PEERUMEDU. 5. DR. SHEKHAR, SURGEON & KEYHOLE SURGEORY SPECIALIST, PERIYAR HOSPITAL, KUMILY VILLAGE, PEERUMEDU. ADV. SRI.SHANVAS KHAN GOVERNMENT PLEADER SRI.MOHAMMED ANZAR FOR R1 SRI.S.SHANAVAS KHAN FOR R3 SRI.A.M.SHAFFIQUE (SR.) FOR R4 & 5 SRI.E.K.NANDAKUMAR FOR R4 & 5 SRI.A.K.JAYASANKAR NAMBIAR FOR R4 & 5 SRI.P.BENNY THOMAS FOR R4 & 5 SRI.ANIL D. NAIR FOR R4 & 5 SRI.M.K.CHANDRAMOHAN DAS FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23760/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE TITLE DEED IN FAVVOUR OF THE PETITIONER. P2:- COPY OF THE PLAINT IN OS. NO./179/06 OF MUNSIFF'S COURT, PEERMEDU P3:- COPY OF THE OBJECTION FILED BY THE RESPONDENTS 4 AND 5. P4:- COPY OF THE COMMISSION REPORT IN OS. NO.179/06 OF MUNSIFF'S COURT, PEERMEDU. P5:- COPY OF THE LIST DOWN LOADED FROM THE WEB SITE OF KERALA STATE POLLUTION CONTROL BOARD. P6:- COPY OF THE CIRCULAR OF KERALA POLLUTION CONTROL BOARD. P7:- COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE KERALA STATE POLLUTION CONTROL BOARD. RESPONDENT'S EXHIBITS R4(a):- COPY OF THE ORDER DT. 7.12.06 IN IA. NO.967/06 IN OS. NO.179/06 OF THE MUNSIFF COURT, PEERMEDU. R4(b):- COPY OF THE ORDER DT. 4.4.07 IN CMA. 4/07 OPF THE SUB COURT, KATTAPANA. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.23760 of 2007 ---------------------------------------------- Dated 5th November, 2008. J U D G M E N T The writ petition is filed mainly with the following prayer :- “Issue a writ of mandamus or any other appropriate writ or direction directing the third respondent not to give registration to the Hospital to be established by the respondents 4 and 5 in the land owned by them in Re-survey No.9/2/A of Kumily village.” Learned counsel for respondents 4 and 5 submits that they have no idea to start a hospital as of now and if at all they set up a hospital, that will be done only after obtaining the required licence/permission. The writ petition is disposed of recording the above submission. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.23760 of 2007 ---------------------------------------------- J U D G M E N T Dated 5th November, 2008.