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2025 DAILYLAW 7593 (KER)

AL JABAL v. STATE OF KERALA

WP(C)/23868/2023 · 2025-04-10

C S Dias

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:31494 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WP(C) NO. 23868 OF 2023 NAME AND ADDRESS OF THE PETITIONERS: 1 M/S AL JABAL AGED 26 YEARS REPRESENTED BY ITS PROPRIETOR, ABDUL SALIH, AGED 26 YEARS, CHETTIYANKAD, PERINGOTTUKURISSI VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT, PIN - 678574 2 ADBUL SALIH AGED 26 YEARS S/O ABDUL RAHIMAN, ANIYATHKUNDU HOUSE, NADUVATHAPPARA PO, ALATHUR TALUK, PALAKKAD DISTRICT, PIN - 678574 BY ADV N.SATHEESH KUMAR(NEMMARA) NAME AND AADDRESS OF THE RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT POLICE CHIEF DISTRICT POLICE CHIEF OFFICE, PALAKKAD, YAKKARA ROAD, NEAR KSRTC BUS STAND, PALAKKAD, PIN - 678014 3 INSPECTOR OF POLICE CIRCLE OFFICE KOTTAYI, KOTTAYI, ALATHUR TALUK, PALAKKAD DISTRICT, PIN - 678572 4 SUB INSPECTOR OF POLICE, KOTTAYI POLICE STATION, KOTTAYI, ALATHUR TALUK, PALAKKAD DISTRICT, PIN - 678572 2025:KER:31494 WP(C). No. 23868 of 2023 2 5 RAHUL S AGED 39 YEARS S/O SUKUMARAN, THACHANCODE HOUSE, NADUVATHAPARA, PERINGOTTUKURISSI PO, ALATHUR TALUK, PALAKKAD DISTRICT, PIN - 678574 6 JISHNU AGED 28 YEARS S/O ARULDAS, RESIDING AT THACHANKODU HOUSE, NADUVATHUPARA PO, PERINGOTTUKURISSI, ALATHUR TALUK, PALAKKAD DISTRICT, PIN - 678574 7 SANILKUMAR AGED 27 YEARS S/O GOPI, RESIDING AT THACHANKODU HOUSE, NADUVATHUPARA PO, PERINGOTTUKURISSI, ALATHUR TALUK, PALAKKAD DISTRICT, PIN - 678574 8 NISHA K V AGED 39 YEARS W/O RADHAKRISHNAN, RESIDING AT THACHANKODU HOUSE, NADUVATHUPARA PO, PERINGOTTUKURISSI, ALATHUR TALUK, PALAKKAD DISTRICT, PIN - 678574 9 ARUL DAS AGED 59 YEARS RESIDING AT THACHANKODU HOUSE, NADUVATHUPARA PO, PERINGOTTUKURISSI, ALATHUR TALUK, PALAKKAD DISTRICT, PIN - 678574 BY ADVS. GOVERNMENT PLEADER RAJESH SIVARAMANKUTTY MAYA C.P.(K/1727/1999) ARUL MURALIDHARAN(K/000853/2018) VIJINA K.(K/229/2016) OTHER PRESENT: GOVERNMENT PLEADER- SRI AJITH VISWANATHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:31494 WP(C). No. 23868 of 2023 3 Dated this the 10th day of April, 2025 JUDGMENT Despite the order dated 02.04.2025, the petitioners have not taken steps to implead the Kerala State Pollution Control Board as the additional respondent. Hence, it is assumed that the petitioners are no longer desirous of prosecuting the writ petition. Hence, the writ petition is dismissed for default. Sd/- mtk/ 10.04.25 C.S.DIAS, JUDGE 2025:KER:31494 WP(C). No. 23868 of 2023 4 APPENDIX OF WP(C) 23868/2023 PETITIONER EXHIBITS EXHIBIT P-1 A PHOTOCOPY OF THE UDHYAM REGISTRATION CERTIFICATE ISSUED TO THE PETITIONERS DATED 09/01/2023 EXHIBIT P-2 A PHOTOCOPY OF THE ACKNOWLEDGMENT CERTIFICATE ISSUED TO THE PETITIONERS DATED 05/01/2023 EXHIBIT P-3 A PHOTOCOPY OF THE CONSENT TO ESTABLISH ISSUED BY THE KERALA STATE POLUTION CONTROL BOARD EXHIBIT P-4 A PHOTOCOPY OF THE COMPLAINT RECEIPT ISSUED BY THE KOTTAYI POLICE STATION DATED 16/03/2023 EXHIBIT P-5 A PHOTOCOPY OF THE COMPLAINT AND REQUEST GIVEN BY THE PETITIONERS BEFORE DISTRICT POLICE CHIEF DATED 17/03/2023 RESPONDENT EXHIBITS EXHIBIT R5(B) A TRUE COPY OF THE LETTER DATED 30-9-2023 IN NO. 400799/GGR112/GPO/2023/4105/(1) ISSUED BY THE SECRETARY, PERINGOTTUKURISSI GRAMA PANCHAYAT TO THE 6TH RESPONDENT UNDER RIGHT TO INFORMATION ACT EXHIBIT R5(A) COPY OF THE APPLICATION PENDING BEFORE THE HONORABLE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, AT CHENNAI FILED ON 21-3-2023 BY THE 5TH RESPONDENT EXHIBIT R5(D) A TRUE COPY OF THE MASS PETITION SUBMITTED BEFORE THE HONORABLE CHIEF MINISTER OF KERALA BY THE RESIDENTS OF THACHANCODE NADUVATHAPARA, ALATHUR TALUK, PALAKKAD DISTRICT EXHIBIT R5(C) A TRUE COPY OF THE LETTER NO. SC3/1039/2023 DATED 17-3-2023 SUBMITTED BY THE SECRETARY, PERINGOTTUKURISSI GRAMA PANCHAYAT TO THE RESIDENTS OF THACHANCODE IN PERINGOTTUKURISSI GRAMA PANCHAYAT EXHIBIT R5(E) TRUE COPY OF THE LETTER NO.P5-1167/02 DATED 21-1-2013 ISSUED BY THE CHIEF FOREST CONSERVATOR WILD LIFE DEPARTMENT, PALAKKAD AND FIELD DIRECTOR, PARANBIKKULAM TIGER RESERVE TO EXECUTIVE ENGINEER, KSEB, THRISSUR AND OTHERS