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Kerala High Court

P.S.Ramalingam vs The District Collector on 17 March, 2026

W.P.(C) No.9397 of 2021                    1


                                                          2026:KER:23646

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                      THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

       TUESDAY, THE 17TH DAY OF MARCH 2026 / 26TH PHALGUNA, 1947

                             WP(C) NO. 9397 OF 2021


PETITIONER:

                 P.S.RAMALINGAM, AGED 59 YEARS
                 S/O P.R.SUBRAMANIAN, RESIDING AT 16/899(59/7701)
                 RAM NIVAS, ANNIE HALL ROAD, KOZHIKODE-673002.


                 BY ADVS.
                 SHRI.V.V.SURENDRAN
                 SRI.P.A.HARISH
                 SMT.SANIKA.V.S.
                 SMT.DONA PAUL




RESPONDENTS:

       1         THE DISTRICT COLLECTOR
                 COLLECTORATE, P.O.CIVIL STATION, KOZHOKODE-673020.

       2         THE KOZHIKODE CORPORATION
                 REPRESENTED BY ITS SECRETARY, CORPORATION BUILDING,
                 GANDHI ROAD, KOZHIKODE-673032.

       3         THE SECRETARY
                 KOZHIKODE CORPORATION, CORPORATION BUILDING,
                 GANDHI ROAD, KOZHIKODE-673032.

       4         THE HEALTH OFFICER
                 KOZHIKODE CORPORATION, CORPORATION BUILDING,
                 GANDHI ROAD, KOZHIKODE-673032.

       5         THE HEALTH INSPECTOR
                 KOZHIKODE CORPORATION, CORPORATION BUILDING,
                 GANDHI ROAD, KOZHIKODE-673032.

       6         THE POLLUTION CONTROL BOARD
                 REPRESENTED BY ITS SENIOR ENVIRONMENT ENGINEER,
 W.P.(C) No.9397 of 2021                 2


                                                        2026:KER:23646

                 3RD FLOOR, ZAMORINS SQUARE, RAILWAY STATION LINK ROAD,
                 KOZHIKODE-673002.


                 BY ADVS.
                 SMT.BINDUMOL JOSEPH
                 SRI.B.S.SYAMANTHAK
                 SHRI.SRIVIDYA K



OTHER PRESENT:

                  GP NIMA JACOB


         THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.9397 of 2021                                       3


                                                                                          2026:KER:23646

                                          VIJU ABRAHAM, J.
                          .................................................................
                                       W.P.(C) No.9397 of 2021
                          .................................................................
                            Dated this the 17th day of March, 2026

                                                JUDGMENT

The above writ petition is filed seeking a direction to the 2 nd respondent not to store, segregate or reload solid waste collected from various areas from the side of the public road by name Annie Hall Road situated in Electoral Ward No.59 of the 2nd respondent.

2. Learned standing counsel appearing for the respondent Corporation upon instruction submitted that they are not doing the said activity in the subject property namely Annie Hall Road situated in Electoral Ward No.59 of the 2nd respondent.

3. Learned counsel for the petitioner submits that there are other grievances also and complaining the same, Ext.P3 representation has been filed before the 2nd respondent.

Therefore, recording the submission of the learned counsel for the 2nd respondent that they are not doing the activity of storing, segregating or reloading of solid waste in the subject property namely Annie Hall Road situated in Electoral Ward No.59 of the 2 nd respondent and issuing a further direction to the 2 nd respondent to consider and pass orders on Ext.P4 (wrongly typed as Ext.P3 in the third relief) after W.P.(C) No.9397 of 2021 4 2026:KER:23646 affording an opportunity of being heard to the petitioner or any affected party, the writ petition is disposed of. A decision shall be taken within an outer limit of three months from the date of receipt of a copy of the judgment.

Sd/-

VIJU ABRAHAM JUDGE cks W.P.(C) No.9397 of 2021 5 2026:KER:23646 APPENDIX OF WP(C) NO. 9397 OF 2021 PETITIONER EXHIBITS EXHIBIT P1 A TRUE PHOTOGRAPHS SHOWING THE STORING OF SOLID WASTE IN THE AREA AS WELL AS LITTERED WASTE.

EXHIBIT P2 TRUE COPY OF THE CASH BILLS ISSUED BY THE PVS HOSPITAL DATED 22.06.2018.

EXHIBIT P3 A TRUE COPY OF THE CASH BILLS ISSUED BY THE PVS HOSPITAL DATED 25.06.2018.

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED 09.07.2018 TO THE 3RD RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE REPLY GIVEN BY THE 4TH RESPONDENT DATED 30.08.2018.