Kerala High Court
Ashraf vs The Secretary
Author: V. Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
FRIDAY, THE 9TH DAYOF OCTOBER 2015/17TH ASWINA, 1937
WP(C).No. 3236 of 2015 (D)
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PETITIONER:
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ASHRAF, S/O.MUHAMMED RAWTHER,
SULEKHA MANZIL, ATHIKKATTUKULANGARA,
PALAMEL VILLAGE, MAVELIKKARA,
ALAPPUZHA DIST.
BY ADV. SRI.R.V.SREEJITH
RESPONDENTS:
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1. THE SECRETARY
PALAMEL GRAMA PANCHAYAT,
MAVELIKKARA, ALAPPUZHA.
2. THE MANAGING DIRECTOR,
KERALA STATE CO-OPERATIVE FEDERATION FOR
FISHRIES DEVELOPMENT LTD.
(MATSYAFED), KAMALESWARAM, MANACAUD P.O.
THIRUVANANTHAPURAM-695 009* DELETED.
3. THE PROJECT OFFICER,MATSYAFED,REGIONAL OFFICE
NEAR BICH IYER JUNCTION, ALAPPUZHA P.O.
ALAPPUZHA. *DELETED.
4. THE PRIMARY HEALTH SUPERINTENDENT,
CHUNAKKARA SOUTH, MAVELIKKARA, ALAPPUZHA.
*R2 AND R3 ARE DELETED FROM THE PARTY ARRAY OF RESPONDENTS AS
PER ORDER DATED 04.03.2015 IN IA NO. 3319/2015.
** 2. THE MANAGING DIRECTOR,
COASTAL AREA DEVELOPMENT CORPORATION,
DPI JUNCTION, JAGATHY,THIRUVANANTHAPURAM.
** 3. THE DISTRICT OFFICER,
COASTAL AREA DEVELOPMENT CORPORATION,
ALAPPUZHA.
ARE IMPLEADED AS R2 AND R3 AS PER ORDER DATED 04.03.2015 IA NO.
3320/2015.
R2 & 3 BY ADV. SRI.GEORGE POONTHOTTAM, SC,MATSYAFED
R1 BY ADV. SRI.GEORGEKUTTY MATHEW
R1 BY ADV. SRI.K.PUSHPARAJAN ACHARY
RADDL2 BY ADV. SRI.JIBU P THOMAS
RADDL2 BY ADV. SRI.K.RAJESH KANNAN
RADDL2 BY ADV. SRI.S.JOSHI
BY GOVERNMENT PLEADER SRI. P.P. PADMALAYAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-10-2015,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3236/2015
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT P1 : TRUE COPY OF THE PHOTOGRAPHS SHOWING THE WASTE
PIT IN THE SIDE OF THE KITCHEN OF THE PETITIONER.
EXHIBIT P2 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P2(a) : TRUE ENGLISH TRANSLATION OF EXT.P2.
EXHIBIT P3 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P3(a) : TRUE ENGLISH TRANSLATION OF EXT.P3.
RESPONDENT(S) EXHIBITS : NIL
/TRUE COPY/
P.A. TO JUDGE.
V. CHITAMBARESH, J
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WP(C) NO. 3236 OF 2015
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Dated this the 9th day of October, 2015
JUDGMENT
The petitioner objects to the construction of drain and waste pit near his kitchen. The same is allegedly for the purpose of collecting the effluents from a fish market. The petitioner apprehends that potable water in his well will be affected by such drain and waste pit. The petitioner has in this regard submitted Ext.P2 representation. The same is pending consideration with the first respondent.
2. The construction is allegedly made by respondents 2 and 3. The beneficiary of the project is ofcourse the first respondent. I direct the first respondent to consider Ext.P2 representation within one month.
3. The petitioner as well as the third respondent shall be put on notice. The Environmental Engineer of the Pollution Control Board shall also be put on notice. The petitioner shall be afforded an opportunity to show any other site available for the purpose. Final orders shall be passed adverting to the 2 WP(C) No. 3236/2015 contentions of the parties.
4. The status quo as on today shall be maintained till orders are passed by the first respondent and the same communicated.
The Writ Petition is disposed of.
V. CHITAMBARESH JUDGE ncd