IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 9716 of 2010(L) ------------------------- PETITIONER(S): --------------- 1. AYSHA ROAD RESIDENTS' ASSOCIATION, REGISTRATION NO.ER-60/05, AYSHA ROAD, PONNURUNNI, VYTTILA P.O., KOCHI-19, REP. BY ITS PRESIDENT, N.CHELLAPPAN PILLAI, DOOR NO.32/3026, THENKATTIL HOUSE, PONNURUNNI, VYTTILA P.O., KOCHI-19. 2. GOKULAPALAN M.G., S/O. LATE K.GOPALAKRISHNA MENON, HOUSE NO.32/3024, KARUVAKAT HOUSE, PONNURUNNI, VYTTILA P.O., KOCHI-19. (AUTHORISED PERSON OF KOOTHAPPILLY ROAD RESIDENTS' ASSOCIATION, PONNURUNNI, VYTTILA P.O., KOCHI-19). 3. BINU K.JOSE, SECRETARY, GOOD EARTH HARMONY OWNERS' ASSOCIATION, GOOD EARTH HARMONY APARTMENTS, PONNURUNNI, VYTTILA POST, COCHIN-19. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT(S): --------------- 1. CORPORATION OF COCHIN, P.B.NO.1016, ERNAKULAM, KOCHI-11, REP. BY ITS SECRETARY. 2. THE POLLUTION CONTROL BOARD, REGIONAL OFFICE, GANDHI NAGAR, COCHIN-20, REP. BY THE CHIEF ENVIRONMENTAL ENGINEER. 3. COMMISSIONER OF POLICE, ERNAKULAM CITY, ERNAKULAM. 4. K.E.ALI, VYTTILA TRADERS, AYSHA ROAD, PONNURUNNI, VYTTILA P.O., KOCHI-19. 5. K.A.SHAFFI, VYTTILA TRADERS, AYSHA ROAD, PONNURUNNI, VYTTILA P.O., KOCHI-19. SC FOR R1 SRI. M.K. CHANDRAMOHAN DAS BY GOVT. PLEADER SRI. V. MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.9716 OF 2010 (L) -------------------------------------------------- Dated this the 5th day of April, 2010 J U D G M E N T Petitioners' main complaint is against the metal scrap business carried on by respondents 4 and 5. According to the petitioners this is in violation of the provisions of the Municipalities Act, and those governing the 2nd respondent. It is stated that complaining of the above they submitted Ext.P4 to the Corporation as early as on 29.5.2003. It is also stated that they had moved the 2nd respondent, which was forwarded to the first respondent under the cover of Ext.P8. It is stated that the first respondent has not taken any decision on the complaints made and finally when enquiries were made under the provisions of the Right to Information Act petitioners were informed by Ext.P10 that the complaints are not traceable. It is in these circumstances the writ petition is filed. Evidently, therefore, according to the petitioners the complaints made by them to the first respondent and also to the 2nd respondent are pending consideration of the first respondent. In Ext.P10, referred to above also the first respondent has no case WPC.No.9716 /2010 :2 : that the complaints were not received and on the other hand what is stated is that the complaints are not traceable. From the above, it is therefore evident that no specific decision has been taken on the complaints. Therefore, I dispose of this writ petition with the following directions. That the first respondent shall consider and pass orders on Exts.P4 to P8, with notice to the petitioners and respondents 4 and 5. This shall be done as expeditiously as possible and at any rate within 6 weeks from the date of production of a copy of the judgment. Petitioners shall produce a copy of the judgment along with a copy of this writ petition before the first respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ WPC.No.9716 /2010 :3 :