IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 WP(C).No. 24274 of 2010(H) ---------------------------------- PETITIONER(S): ------------------- KOTTARAKKARA GRAMA PANCHAYAT, REPRESETNED BY ITS SECRETARY, A.WILSON, KOTTARAKKARA-691 531. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): -------------------- 1. SUPERINTENDENT OF POLICE, KOLLAM-691 013. 2. SUB INSPECTOR OF POLICE, KOTTARAKKARA-691 531. 3. BHARATHIYA JANATHA PARTY, KOTTARAKARA GRAMA PANCHAYAT UNIT, REPRESETNED BY ASOKAN, UNIT MEMBER, MADANVILA VEEDU, KOTTARAKKARA-691 531. 4. COMMUNIST PARTY OF INDIA, KOTTARAKARA GRAMA PANCHAYAT UNIT, REPRESETNED BY MOHANAN, UNIT MEMBER, ADIYAHU PADINJATTATHIL, KOTTARAKKARA-691 531. * ADDL. R5 IS IMPLEADED 5. KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY THE MEMBER SECRETARY, THIRUVANANTHAPURAM. * IS IMPLEADED AS ADDL. 5TH RESPONDENT SUO MOTU AS PER ORDER DATED 10/08/2010. R1 & R2 BY GOVT.PLEADER SRI.T.K.VIPINDAS R4 BY ADV. SRI.PREMCHAND R.NAIR R5 BY ADV. SRI.M.K.C. DAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.24274 of 2010 ***************************** Dated this the 10th day of January, 2011 JUDGMENT BASANT, J. The petitioner, Kottarakkara Grama Panchayat, has come to this Court with this petition for issue of directions under Article 226 of the Constitution of India to respondents 1 and 2 to afford protection for waste disposal in accordance with law. The petitioner contended that respondents 3 and 4 were unnecessarily obstructing such waste disposal. 2. Respondents 1 and 2 are police officials. Respondents 3 and 4 are local units of the political parties. Additional 5th respondent subsequently impleaded is the Kerala State Pollution Control Board. 3. This petition was filed as early as on 02.08.2010. Directions were issued from time to time. The learned counsel for the petitioner now submits that at the moment there is no obstruction to the disposal of waste by the petitioner. The petitioner is doing the same in accordance with law. The W.P(C) No.24274 of 2010 2 petitioner shall from time to time comply with the directions if any issued by the additional 5th respondent in accordance with law. If directions are not acceptable, appropriate challenge shall be raised in accordance with law. At the moment, no further directions are necessary in this petition, submits the learned counsel for the petitioner. 4. The 3rd and 4th respondents have entered appearance. Today there is no representation for the 3rd respondent. The learned counsel for the 4th respondent submits that the 4th respondent is not now raising any objections and the 4th respondent shall not raise any objections if the work of disposal of waste is undertaken in accordance with law and in due compliance with the directions issued by the 5th respondent. 5. The learned counsel for the 5th respondent submits that the officials of the 5th respondent have already conducted necessary inspection and appropriate directions shall be issued from time to time for the disposal of waste in accordance with law. 6. We are satisfied, in these circumstances, that no further directions are necessary in the light of the state of affairs which we have extracted above. W.P(C) No.24274 of 2010 3 7. This Writ Petition is, in theses circumstances, dismissed as unnecessary now. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/