IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26947 of 2006(G)


1. GANGADHARAN BHATTATHIRIPPAD,
                      ...  Petitioner
2. VASUDEVAN BHATTATHIRIPPAD, S/O.
3. PARAMESWARAN, S/O. JANAKI AMMA,

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. THE DISTRICT SUPERINTENDENT OF POLICE,

3. KERALA STATE POLLUTION CONTROL BOARD,

4. SREE LAKSHMY VARAHAMOORTHY TEMPLE,

5. SREE LAKSHMY VARAHAMOORTHY TEMPLE,

                For Petitioner  :SRI.N.P.SAMUEL

                For Respondent  :SRI.P.VIJAYA BHANU

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :08/08/2008

 O R D E R
                           KURIAN JOSEPH, J.
                -----------------------------------------
                      W.P(C) No.26947 of 2006
                -----------------------------------------
             Dated this the 8th day of August, 2008

                                 JUDGMENT

The writ petition is filed with the following prayers:-

(i) to issue a writ of mandamus or other appropriate writ, direction or order directing the 3rd respondent to initiate proceedings under Section 22A of the Air (Prevention and Control of Pollution) Act, 1981 against respondents 4 and 5 and others responsible for the non-compliance of the direction given in Ext.P6 notice and do the needful to abate the nuisance.

(ii) to issue a writ of mandamus or other appropriate writ, direction or order directing respondents 1 and 2 to initiate proceedings against respondents 4 and 5 under Section 18(1)

(h) and Section 50 of the Kerala Police Act;

(iii) to issue a direction to respondents 4 and 5 not to conduct fire works in the temple without getting permission from the 1st and 2nd respondents.

There will be a direction to respondents 1 to 3 to take appropriate action in case respondents 4 and 5 violate the statutory provisions with regard to the sound, use of fire works etc. In the event of any such complaint being received from the petitioners or from any other members of the public appropriate prompt action in that regard shall be taken in accordance with law by respondents 1 to 3.

The writ petition is disposed of as above.

(KURIAN JOSEPH, JUDGE) ahg.

KURIAN JOSEPH, J.

----------------------------------- W.P(C).No.26947 of 2006

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JUDGMENT 8th August, 2008