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. 9895 of 2010(J) -------------------------------------- PETITIONER(S): ------------------------ FATHIMATH SUHRA, W/O.SIDHIQUE, AGED 31 YEARS, MOYOTTIL HOSUE, KALPAKANCHERY P.O., KADUNGATHURUMBU, NEAR AMINA I.T.C., THIRUR-676 551. BY ADV. SRI.NISHIL.P.S. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, ADDITIONAL DIRECTOR OF TRAINING, STATE COUNCIL FOR VOCATIONAL TRAINING, THIRUVANANTHAPURAM. 3. THE SECRETARY, KALAPAKANCHERY GRAMA PANCHAYATH. 4. 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.T.K.SAIDALIKUTTY SRI.A.A.ZIYAD RAHMAN R4 BY ADV. 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.9895/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE DOCUMENT BEARING NO.2462/01. P2 COPY OF THE TAX RECEIPTS DATED 12/10/09. P3 COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE 2ND RESPONDENT DATED. P4 COPY OF THE REPLY ISSUED BY THE 4TH RESPONDENT UNDER THE RIGHT TO INFORMATION ACT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.9895 of 2010 -------------------------- Dated this the 24th February, 2011 J U D G M E N T The prayer in this writ petition is to direct the 2nd respondent to consider Ext.P3 complaint preferred by the petitioner for taking appropriate action against the 4th respondent who is allegedly running the educational institution and workshop in the concerned premises after effecting illegal constructions and quite in a detrimental manner causing pollution and other hardships. 2. The learned Government Pleader for respondents 1 and 2 who submits that, pursuant to Ext.P3 complaint, the matter was got inspected by the Departmental Officials, a detailed report has been submitted by the concerned Inspector stating that the 4th respondent is running the institution imparting education in accordance with the relevant norms as prescribed by the NCVT and there is no infringement in this regard. It is also stated by the learned Government Pleader that, with regard to the other aspects; particularly, regarding the violation of the Kerala Municipality Building Rules or W.P (C) No. 9895 of 2010 2 pollution, do not come within the purview of the 2nd respondent and that the if the petitioner is aggrieved, the same is to agitated before the concerned authorities. 3. In view of the directions given in the connected cases as to the alleged violation of the relevant rules in the matter of construction and pollution vide separate judgments in W.P(C) No.57581/2010 & W.P (C) 9888/2010, this Court does not find it necessary to give any other positive direction in this case for the time being. It is always open to the petitioner to agitate the matter in respect of the alleged grievances, if any, pursuant to the orders to be passed by the Panchayat as well as the Pollution Control Board as mentioned above. The writ petition is closed accordingly. Sd/- P.R.RAMACHANDRA MENON, JUDGE ma /True copy/ P.A to Judge