IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 WP(C).No. 22807 of 2011(A) -------------------------- PETITIONER(S): --------------- A.ANIL KUMAR,AGED 35 YEARS, S/O.RAMAN NAIR,PROPRIETOR, M/S.APPEKKADANS CEMENT BRICKS, LAKKIDI,OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. DEPUTY SUPERINTENDENT OF POLICE, SHORNUR.679121 2. CIRCLE INSPECTOR OF POLICE, POLICE STATION,OTTAPALAM.679301 3. HILLAR P.K, PADINJAREKKARA LAKKIDI P.O., OTTAPALAM 679 301. 4. T.K.GOVINDANKUTTY, S/O.NARAYANAN EZHUTHACHAN, LOWER PRIMARY SCHOOL,ASSISTANT, AIDED JUNIOR BASIC SCHOOL PALAPPURAM, RESIDING AT THAZHATHE KOLERI, LAKKIDI,OTTAPALAM.679301 5. THAJUDHEEN P.K, SECRETARY,CITU LAKKIDI GATE UNIT, PADINJAKKARA,LAKKIDI,OTTAPALAM.679301 6. THE ASSISTANT EXECUTIVE ENGINEER, P.W.D.(ROADS)SUB DIVISION, SHORANUR.679121 ADV. SRI.PHILIP T.VARGHESE FOR R3-5 SRI.THOMAS T.VARGHESE FOR R3-5 SMT.ACHU SUBHA ABRAHAM FOR R3-5 BY GOVT.PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.22807/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF ACKNOWLEDGMENT OF RECEIPT OF APPLICATION FOR REGISTRATION OF PETITIONER'S SSI UNIT, M/S. APPEKADANS CEMENT BRICKS LAKKIDI OTTAPALAM TALUK, PALAKKAD DISTRICT ISSUED BY THE DEPARTMENT OF INDUSTRIES, GOVERNMETNOF KERALA. EXT.P2: COPY OF THE CONSENT ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 11/2/2011 TO THE PTITIONER'S SSI UNIT. EXT.P3: COPY OF THE FORM 33 ISSUED BY THE SECRETARY OF THE LAKKIDIPERUR GRAMA PANCHAYAT DATED 14/2/2011 IN RESPECT OF PETITIONER'S SSI UNIT. EXT.P4: COPY OF JUDGMENT DATED 15/6/2011 IN WPC NO.7416/11 EXT.P5: PHOTOGRAPH SHOWING THE EXISTENCE OF THE TEMPORARY SHED. EXT.P6: COPY OF PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 30/6/2011 EXT.P7: COPY OF THE COMMUNICATION DATED 29/7/2011 ISSUED BY THE ASSISTANT ENGINEER, PWD (ROADS) SECTION. EXT.P8: COPY OF THE REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 18/8/2011 RESPONDENT'S EXHIBITS: EXT.R3: COPY OF THE IDENTITY CARD ISSUED TO THE 3RD RSPONDENT BY THE ASSISTANT LABOUR OFFICER, OTTAPALAM. EXT.R3(A): COPY OF THE IDENTITY CARD ISSUED TO THE 5TH RESPONDENT BY THE ASSISTANT LABOUR OFFICER, OTTAPALAM. EXT.R3(B): COPY OF THE REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 15/8/2011. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 22807 OF 2011 ------------------------ Dated this the 19th day of September, 2011 JUDGMENT Pius C.Kuriakose, J. It is submitted by the learned Government Pleader Smt.C.M.Charisma on the basis of the instructions that the disputed shed has been removed on 16/9/2011. Sri.George Abraham learned counsel for the petitioner submitted that there is a likelihood that the party respondents may reinstall the shed. In view of the submissions of the learned Government Pleader that the shed is already removed, we do not find any justification for issuing the directions sought for. However, we direct the 2nd respondent to ensure by keeping vigil that the party respondents do not reinstall the shed. The writ petition is disposed of accordingly. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk WPC.No. 2