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2026 Supreme(Online)(Ker) 12155

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
RIXON J – Appellant
Versus
DISTRICT COLLECTOR, ALAPPUZHA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.MATHEW JAMES, SMT.AHALYA S.
For the Respondents: SHRI.R.RAJPRADEEP, SHRI.MUJAHID Y, SMT.SREEDEVI S., SRI. T. NAVEEN, SC, SMT. A PARVATHI MENON, GP – SRI. K JANARDHANA SHENOY

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"i. Issue of Writ of Mandamus directing the respondents to shift the 9th respondent institution in an area where not densely populated.

ii. Direct the 4th and 5th respondent ensure that the treated filthy water not to flow in the public drainage and proper monitoring from time to time to the functioning of Sewage Treatment Plant. iii. Direct the respondent to pay adequate compensation for the damages caused to petitioner and his workmen.

iv. To grant such other reliefs which this Hon’ble Court may deem fit in the facts and circumstances of the case."

[SIC]

2. The main prayer in this Writ Petition is to issue a direction to the respondents to shift the institution run by the 9th and 10th respondents, namely, ‘Shanti Bhavan Sarvodaya Charitable Trust’, to an area that is not densely populated. According to the petitioners, ‘Shanti Bhavan Sarvodaya Charitable Trust’ is a shelter home for mentally unsound people. The grievance of the petitioners is that there is pollution due to the functioning of the shelter home.

3. When this Writ Petition came up for consideration before this Court on 19.07.2024, this Court passed t

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