FATHIMATH SUHRA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE sum and substance of the grievance involved in this writ petition is with regard to the running of an educational institution/workshop by the 5th respondent, with close proximity to the petitioner's residence allegedly causing much nuisance and hardships to the petitioner besides infringement of the statutory prescriptions, particularly the Kerala Municipality Building Rules. THE prayer in the writ petition is to implement Ext.P3 order passed by the 3rd respondent/ Pollution Control Board, whereby, the 5th respondent has been directed to close down the institute.

(2.) FIFTH respondent has entered appearance and filed a counter affidavit stating that the averments and allegations raised against the said respondent are not correct or sustainable and that Ext.P3 order was passed by the 3rd respondent behind the said respondent and hence is under challenge by filing Ext.R5(h) which is stated as pending.

(3.) HEARD the learned counsel for all the parties concerned.