IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH JUNE 2007 / 8TH ASHADHA 1929 WP(C).No. 17550 of 2007(S) -------------------------- PETITIONERS: ------------ 1. SUDHIR KUMAR PATEL, AGED 36 YEARS SON OF PRABHUDAS D PATEL FLAT NO.104, KALATMAK RESIDENCY VIDYA NAGAR, KOCHI-682020 2. JOSEPH MAMMEN, AGED 35 YEARS SON OF JOSEPH MAMMEN FLAT NO.003, KALATMAK RESIDENCY VIDYA NAGAR, KOCHI-682020 BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENTS: ------------- 1. KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS CHIEF ENVIRONMENTAL ENGINEER, GANDHI NAGAR, ERNAKULAM-682 020 2. THE COMMISSIONER OF POLICE, SHANMUGHAM ROAD, ERNAKULAM 3. M/S.EMPIRE BUILDERS LION TOWER, IVTH FLOOR, HIGH COURT JUNCTION, ERNAKULAM R1 BY STANDING COUNSEL SRI M.K.CHANDRAMOHAN DAS R2 BY SENIOR GOVERNMENT PLEADER SRI M.R.SABU R3 BY ADV. SRI.GEORGE THOMAS (MEVADA) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, C.J. & K.T. SANKARAN, J. ---------------------------------------------------------- W.P.(C) No.17550 of 2007 ----------------------------------------------------------- Dated, this the 29th day of June, 2007 JUDGMENT H.L. DATTU, CJ. Public spirited citizens are before us for the following reliefs: i. To issue a writ of certiorari calling for the records leading to Ext.P4 and quash the same. ii. To issue a writ, direction or order in the nature of mandamus or such other appropriate writ, direction or order, directing the respondents 1 and 2 to to see that no construction is being carried out, which is the subject matter of Exhibit P3 order, by the 3rd respondent and its sub-contractors, workers etc. iii. To issue a writ, direction or order in the nature of mandamus or such other appropriate writ, direction or order restraining the 3rd respondent and its sub-contractors, workers, etc. from proceeding with the construction activities in their property, referred to in Exhibit P3. iv. To issue a writ, direction or order in the nature of mandamus or such other appropriate writ, direction or order, directing the respondents 1 and 2 to prosecute the 3rd respondent and its sub-contractors, workers etc. who have violated the laws of the country by proceeding with the construction activities in their property referred to in Exhibit P3. WPC No.17550/2007. 2 v. Such other reliefs which this Hon'ble Court deems fit and necessary in the circumstances of the case and the costs of this case.” 2. Some of the persons who are residing in the same locality were before this court in W.P.(C) No.12567/2007. The learned Single Judge while entertaining the writ petition had granted an interim order and at the request of the respondents, the same came to be modified. Aggrieved by the modified order those petitioners were before this court in W.A.No.1123/2007. This court by order dated 25th May, 2007 rejected the writ appeal and confirmed the modified interim order passed by the learned Single Judge. 3. Others who are residing in the same locality have approached this court for the very same reliefs which we have negatived in W.A.No.1123/2007. There cannot be inconsistent orders. Therefore, we cannot be entertaining this writ petition. Accordingly, it requires to be rejected and it is rejected. H.L. DATTU, CHIEF JUSTICE. K.T. SANKARAN, JUDGE. mt/