IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(C).No. 6966 of 2009(M) ------------------------------------ PETITIONER(S): ------------------------ T.D.JOSEPH S/O. DEVASSY, THANICKAPARAMBIL HOUSE, KALADY VILLAGE, MALAYATTOOR, NEELESWARAM-683 584. BY ADVS.MR.K.PRABHAKARAN SMT.RESHMI JACOB RESPONDENT(S): --------------------------- 1. THE SECRETARY, MALAYATOOR-NEELESWARAM GRAMA PANCHAYATH, NEELESWARAM P.O., PIN-683 584. 2. DISTRICT MEDICAL OFFICER, ERNAKULAM. 3. HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, MALAYATTOOR. 4. K.C.AUGUSTHY, S/O. CHACKOO, KIDANGEN HOUSE, NEELESWARAM P.O., ERNAKULAM DISTRICT. R4 BY ADVS. MR.MURALI PURUSHOTHAMAN, MR.DEEPU LAL MOHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.6966/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE COMPLAINT DTD. 5.3.01 TO THE IST RESPONDENT. P2:- COPY OF THE COMPLAINT DTD. 19.11.08 TO THE IST RESPONDENT. P3:- COPY OF THE COMPLAINT DTD. 29.11.08 TO THE IST RESPONDENT. P4:- COPY OF THE REPORT DTD. 9.12.08 SUBMITTED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS R4(a):- COPY OF THE STOP MEMO NO.900/08 DTD. 17.2.2009 ISSUED BY THE IST RESPONDENT TO THE 4TH RESPONDENT. R4(b):- COPY OF THE LICENCE NO.127/09-10 DTD. 29.6.09 ISSUED BY THE IST RESPONDENT TO THE 4TH RESPONDENT. R4(c):- COPY OF THE ORDER NO.PCB//EKM/IC-241/09 DTD. 22.7.09 ISSUED TO THE 4TH RESPONDENT BY THE KERALA STATE POLLUTION CONTROL BOARD. R4(d):- COPY OF THE ORDER NO.L.DIS. (C2-11379/09) DTD. 13.10.2009 ISSUED BY THE DISTRICT MEDICAL OFFICER OF HEALTH, ERNAKULAM. TRUE COPY P.A. TO JUDGE tss THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 6966 OF 2009 ............................................ DATED THIS THE 19TH DAY OF OCTOBER, 2009 JUDGMENT The petitioner seeks a direction to the first respondent to enquire into Exts.P1 to P3 complaints and look into Ext.P4 report and other activities of the fourth respondent. He attributes the fourth respondent of having opened a cow shed and a large pit close to the petitioner's residence. He also states that the fourth respondent's activities make the surroundings miserable. He has also further specific allegation that the fourth respondent is carrying out an activity of a carpentry unit. 2. The fourth respondent is on record with I.A.12819 of 2009, stating that he has licence of the panchayat and has also obtained orders of the Pollution Control Board and District Medical Officer. In so far as the carpentry unit is concerned, the fourth respondent has Ext.R4(a) licence, Ext.R4(c) order of the Pollution Control Board and Ext.R4(d), order of the District Medical Officer. In the light of the above, no directions are called for in this Wpc 6966/2009 2 writ petition, except that respondents 1 to 3 will ensure that the fourth respondent ensures that the premises is maintained in a hygienic manner, without impairing the rules that govern those establishments and also the maintenance of cattle. Writ petition ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/20/10