IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 WP(C).No. 2059 of 2010(F) -------------------------------------- PETITIONER(S): ----------------------- FATHIMATH SUHRA, W/O.SIDHIQUE, AGED 31 YEARS, MOYOTTIL HOUSE, KALPAKANCHERY P.O. KADUNGATHURUMBU, NEAR AMINA I.T.C. THIRUR - 676 551. BY ADV. SRI.NISHIL.P.S. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE ASSISTANT ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, 19/269 A, PERINTHALMANNA ROAD, UP HILL P.O., MALAPPURAM. 4. THE SECRETARY, KALAPAKANCHERY GRAMA PANCHAYATH. 5. IBRAHIM HAJI, S/O.KUNJAHAMMED KUTY HAJI, MAYYERI HOUSE, KADUNGATHUKUNDU, VALAVANNUR P.O. R1 & R2 BY SENIOR GOVT PLEADER SRI.P.K.ARAVINDAKUMAR BABU R3 BY ADV. SRI.A.SUDHI VASUDEVAN R4 BY SRI.T.K.SAIDALIKUTTY SMT.ANITHA M.N. (EKM) R5 BY SRI.K.K.MOHAMED RAVUF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.2059/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE DOCUMENT BEARING NO.242/01. P2 COPY OF THE TAX RECEIPTS DATED 12/10/09. P3 COPY OF THE ORDER PASSED BY 3RD RESPONDENT DATED 05/01/2010. P4 COPY OF THE PHOTOGRAPHS. P5 COPY OF THE COMPLAINT FILED BY THE PETITIONER DATED 07/10/09. P6 COPY OF THE ORDER PASSED BY THE 4TH RESPONDENT DATED 14/10/09. P7 COPY OF THE JUDGMENT IN WP(C)NO.32664/09 DATED 16/11/09. P8 COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT DATED 18/12/09. P9 COPY OF THE ORDER PASSED BY THE 4TH RESPONDENT DATED 28/12/09. P10 COPY OF THE PHOTOGRAPHS. P11 COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT DATED 27/07/2010. P12 COPY OF THE REPLY ISSUED BY THE 4TH RESPONDENT DATED 19/08/2010. P13 COPY OF THE REPORT SUBMITTED BY THE ASSISTANT ENGINEER, LSGD SECTION, KALPAKANCHERY P14 COPY OF THE LETTER DATED 07/08/2010 BEARING NO.5959/B2/2009/NORKA ISSUED BY THE DEPUTY SECRETARY, NON-RESIDENT KERALITES AFFAIRS DEPARTMENT,GOVERNMENT OF KERALA. P15 COPY OF THE LETTER ISSUED BY THE DISTRICT COLLECTOR, MALLAPPURAM DATED 19/01/2010 BEARING NO.L5-3163/2010. P16 COPY OF THE LETTER ISSUED BY THE PANCHAYATH DIRECTOR BEARING NI.C3- 21031/10 DATED 08/09/2010. P17 COPY OF THE LETTER DATED 28/05/2010 ISSUED BY THE 4TH RESPONDENT TO THE MINISTER LOCAL SELF GOVERNMENT, GOVERNMENT OF KERALA. P18 COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT TO THE PANCHAYATH DIRECTOR DATED 28/09/2010. RESPONDENT'S EXHIBITS: R5(A) COPY OF THE PROSPECTUS. R5(B) COPY OF THE REPORT IN THE NORKA NEWSOF NOVEMBER, 2009. WP(C)NO.2059/2010 R5(C) COPY OF THE DECREE DATED 3/09/1998 IN O.S.NO.141/1984 OF THE MUNSIFF COURT, TIRUR. R5(D) COPY OF THE PROCEEDINGS OF THE DEPUTY DIRECTOR OF TECHNICAL EDUCATION. R5(E) COPY OF THE PLAINT IN O.S.NO.138 OF 1995. R5(F) COPY OF THE REPLY GIVEN BY THE 8TH RESPONDENT TO THE SI OF POLICE. R5(G) COPY OF THE SURVEY FIELD OF R.S.NO.305/04. R5(H) COPY OF THE OBJECTION. R4(1) COPY OF THE LETTER DATED 09/12/09 WITH NUMBER 32664/09 ISSUED BY THE SECTION OFFICER FOR THE REGISTRAR, HONOURABLE HIGH COURT OF KERALA. R4(2) COPY OF THE ORDER OF THE COURT OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS THIRUVANANTHAPURAM DATED 04/01/2010 IN I.A.NO.11/2010 IN APPEAL NO.9/2010. /TRUE COPY/ P.A.TO.JUDGE sts P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.2059 of 2010 -------------------------- Dated this the 24th February, 2011 J U D G M E N T The sum and substance of the grievance involved in this writ petition is with regard to the running of an educational institution/workshop by the 5th respondent, with close proximity to the petitioner's residence allegedly causing much nuisance and hardships to the petitioner besides infringement of the statutory prescriptions, particularly the Kerala Municipality Building Rules. The prayer in the writ petition is to implement Ext.P3 order passed by the 3rd respondent/ Pollution Control Board, whereby, the 5th respondent has been directed to close down the institute. 2. Fifth respondent has entered appearance and filed a counter affidavit stating that the averments and allegations raised against the said respondent are not correct or sustainable and that Ext.P3 order was passed by the 3rd respondent behind the said respondent and hence is under challenge by filing Ext.R5(h) which is stated as pending. W.P (C) No. 2059 of 2010 2 3. With regard to Ext.P5 order passed by the concerned Panchayat ordering demolition of the building/unit erected by the 5th respondent (stating that it has been erected in an illegal manner in violation of the statutory prescriptions), the 5th respondent had taken up the matter before the appellate Tribunal for Local Self Government Institutions, Thiruvananthapuram which culminated in Ext.P19 order, whereby, Ext.P9 order passed by the Panchayat was set aside and the matter was remitted for fresh consideration as specified. This is still pending consideration before the Panchayat. 4. The version of the Panchayat is that, it is because of the pendency of the writ petition that the matter could not be finalised, on remand by the Tribunal. 5. Heard the learned counsel for all the parties concerned. 6. In view of the sequence as above, this Court finds that no positive order can be given to implement Ext.P3 for the time being,; unless the matter is finalised by the 3rd respondent/Pollution Control Board as aforesaid. W.P (C) No. 2059 of 2010 3 7. In the said circumstances, the 3rd respondent is directed to consider and finalise the matter in respect of Ext.P3 and Ext.R5 (h) after giving notice to all the parties concerned and appropriate orders shall be passed, in accordance with law, as expeditiously as possible, at any rate, within 'one month' from the date of receipt of a copy of this judgment. 8. Since Ext.P19 order passed by the Tribunal has not been subjected to challenge by anybody, the matter requires to be finalised by the Panchayat as well. Accordingly, the concerned Panchayat is directed to consider and pass final orders, pursuant to the remand ordered by Ext.P19 and pass appropriate orders, in accordance with law, after giving an opportunity of hearing to all concerned. This shall be done, as expeditiously as possible, at any rate, within 'two months' from the date of receipt of a copy of this judgment. The writ petition is disposed of accordingly. Sd/- P.R.RAMACHANDRA MENON, JUDGE ma /True copy/ P.A to Judge