C A FRANCIS Vs. STATE OF KERALA

JUDGEMENT

(1.) THE writ petition is filed seeking to quash Ext.P8 order passed by the second respondent, Corporation of Thrissur. THE 6th respondent is the owner of a godown doing the business in steel and cement. It is averred in the writ petition that the godown is used for storage of steel and cement. It is averred that the godown is situated 3 ft. away from the petitioner's house. THE grievance of the petitioner is that storage of cement and steel in the godown is causing pollution in the surroundings and that the dust from the godown causes Bronchitis and breathing difficulties to the petitioner and his family members. In these circumstances, it is averred that the petitioner and his family members are not in a position to lead a normal life because of the air and noise pollution from the cement and steel godown.

(2.) THE petitioner lodged a complaint before the Director of Urban Affiars. THE Director, Urban Affairs passed Ext.P2 order on 29.1.2009 directing the 6th respondent to shift the godown to a non-residential area. Based on Ext.P2, the Corporation issued Ext.P3 order dated 26.2.2009 directing the 6th respondent to close down the godown or directing the Health Inspector to take measures to close down the godown. THE petitioner also submitted complaint before the Lok Ayuktha. Lok Ayuktha, by Ext.P4 order dated 9.2.2009, directed the 6th respondent to shift the godown to a non-residential area.

(3.) ACCORDINGLY, Ext.P8 order is quashed. There will be a direction to the 2nd respondent Corporation to consider and dispose of the appeal preferred by the 6th respondent afresh after affording an opportunity of being heard to the petitioner, 6th respondent and other affected parties, if any. The order shall be passed within a period of three months from today. The writ petition is disposed of as above.