ELDHO.K.I Vs. MUDAKUZHA GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioner, who is residing with his family in a residential building bearing No.444 A in Ward No.12 of the 1st respondent Grama Panchayat, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 3 to take necessary legal action against the plastic pipe cutting and blending unit run by the 5 th respondent in his property, within a time limit to be fixed by this Court. The petitioner has also sought for a writ of mandamus commanding the 2nd respondent, who is the Secretary of the 1st respondent Grama Panchayat to issue a stop memo to the 5th respondent to close down the plastic pipe cutting and blending unit functioning in his property, within a time limit to be fixed by this Court.

(2.) On 03.06.2019, when this writ petition came up for admission, this Court issued urgent notice on admission by speed post to respondents 1, 2 and 5. The learned Standing Counsel took notice on admission for the 3rd respondent. The learned Government Pleader took notice on admissionfor the 4th respondent. This Court has directedthat the Environmental Engineer of the 3rd respondent Kerala State Pollution Control Board at Perumbavoor or any person authorised by him shall inspect the pipe cutting and blending unit of the 5th respondent and submit a report before this Court.

(3.) A report has been filed by the Environment Engineer, which was followed by a counter affidavit filed by respondents 1 and 2 and also that by the 5 th respondent. Along with the report of the 3rd respondent, Ext.R3(a) consent to operate for pipe bending unit of the 5th respondent is placed on record. Along with the counter affidavit filed by the 5 th respondent, the consent to operate issued for running the poultry farm owned by the 5 th respondent is placed on record. Ext.R5(b) is a copy of trade licence issued for running the pipe bending unit. The petitioner has also filed a reply affidavit to the counter affidavit filed by the 5th respondent.