IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 WP(C).No. 29566 of 2010(U) -------------------------- PETITIONER : -------------------- M.A.KUNJUMUHAMMED, AGED 58 YEARS, S/O. ABDUL KHADER, MEZHUKKATTIL HOUSE, ALUVA EAST VILLAGE, ERUMATHALA P.O., ALUVA TALUK. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): ------------------------ 1. ALUVA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE ALUVA, P.O.ALUVA, PIN-685124. 2. KEEZMADU GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KEEZHMADU, ERUMATHALA P.O., ALUVA, PIN-685124. 3. CHIEF ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, GANDHI NAGAR, ERNAKULAM, COCHI-20. 4. DISTRICT MEDICAL OFFICER, ERNAKULAM, COCHI-16. 5. REVENUE DIVISIONAL OFFICER, FORT KOCHI, KOCHI-1. R1 BY ADV. SRI.V.M.KURIAN, SC, ALUVA MUNICIPALITY R2 BY ADV. SRI.S.SHANAVAS KHAN R3 BY ADV. SRI.M.K.CHANDRA MOHANDAS, SC, POLL.C.BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 29566 of 2010(U) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE RELEVANT PAGES OF RATION CARD OF THE PETITIONER. EXT.P2 : COPY OF THE TRUE PHOTOGRAPHS SHOWING THE LIE OF THE DUMPING PLACE AND SURROUNDING. EXT.P3 : COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT DATED 16.12.1991. EXT.P4 : COPY OF THE PROCEEDINGS OF THE SUB COLLECTOR FORT COCHIN DATED 20.5.1992. EXT.P5 : COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN O.P.8704/1992 DATED 2.8.1994. EXT.P6 : COPY OF THE ORDER DATED ISSUED BY THE ASSISTANT COLLECTOR, FORT COCHI 31.10.1994. EXT.P7 : COPY OF THE JUDGMENT IN O.P 8730/1996 DATED 8.8.2005. EXT.P8 : COPY OF THE REPRESENTATION DATED 4.9.2010 PRESENTED BY THE PETITIONER. EXT.P8(a) : COPY OF POSTAL RECEIPTS. RESPONDENT'S EXHIBITS: EXT.R1(a) : COPY OF THE COMMON JUDGMENT DATED 1.3.1995 IN O.P.NO.1783/1995. EXT.R1(b) : COPY OF THE ORDER DATED 9.1.2009 ISSUED BY THE GOVERNMENT. EXT.R1(c) : COPY OF THE APPROVED PLAN ISSUED UNDER ORDER DATED 9.1.2009 OF THE KEEZHMAD GRAMA PANCHAYAT. //TRUE COPY// P.S. TO JUDGE Mn P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.29566 of 2010 ----------------------------------------- Dated this the 3rd day of December, 2010 JUDGMENT The petitioner, who is a resident of Keezhmadu Grama Panchayat, has filed this writ petition mainly seeking a direction to the first respondent Aluva Municipality not to use the property belonging to Aluva Municipality within the local limits of Keezhmadu Grama Panchayat as a dumping yard in violation of the directions and stipulations in Exts.P3, P4 and P6. He has also prayed for an order directing the second respondent to refrain from granting licence to the Aluva Municipality to start a waste processing factory in the said land. 2. The Aluva Municipality has filed a counter affidavit resisting the writ petition. However, when the writ petition came up for haring today, Sri.V.M.Kurian, learned standing counsel appearing for Aluva Municipality, submitted that the Municipality will not violate any of the conditions and stipulations in Exts.P3, P4 and P6. As regards the establishment of a waste processing factory, the learned standing counsel submitted that a waste W.P(C).No.29566 of 2010 -:2:- processing factory can be established only after the Keezhmadu Grama Panchayat grants necessary permit/licence and that as that stage has not now been reached the writ petition is premature. I find merit and force in the said submission of the learned counsel for the first respondent, especially in view of the undertaking given by him that the Aluva Municipality will not violate any of the conditions and stipulations contained in Exts.P3, P4 and P6. I accordingly record the said undertaking and close the writ petition with the observation that as and when the Aluva Municipality proposes to establish a waste processing factory in the lands belonging to it within the local limits of Keezhmadu Grama Panchayat and moves the Keezhmadu Grama Panchayat for necessary permit, it will be open to the petitioner at that stage to object to the establishment of the factory. The contentions of both sides on the merits are kept open. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.29566 of 2010 ---------------------------- JUDGMENT 3rd December, 2010