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High Court of KeralaWP(C)/6674/2015disposed of

Asokan v. Secretary , Office Of Thiruvananthapuram Corporation

2015-03-104 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 10TH DAY OF MARCH 2015/19TH PHALGUNA, 1936 WP(C).No. 6674 of 2015 (H) ------------------------------------- PETITIONER(S):

----------------------- ASOKAN, AGED 45 YEARS, S/O.PRABHAKARAN, ASOKA BHAVAN, ERUPARAVODE, CHARUMMOOD, AYIROOPPARA VILLAGE, THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.M.DINESH RESPONDENT(S):

------------------------- SECRETARY, OFFICE OF THIRUVANANTHAPURAM CORPORATION, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695 033.

BY SRI.P.K.MANOJKUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 6674 of 2015 (H) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE BY THE KERALA STATE POLLUTION CONTROL BOARD ISSUED TO THE PETITIONER. EXT.P2: TRUE COPY OF THE ORDER DATED 23/12/2014 IN I.A.NO. 2908/2014 IN APPEAL NO. 1387/2014 ON THE FILE OF LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

EXT.P3: TRUE COPY OF THE LICENCE APPLICATION OF THE PETITIONER BEFORE THE RESPONDENT.

EXT.P4: TRUE COPY OF THE POSTAL RECEIPT.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 6674 of 2015 -------------------------------------------------- Dated this the 10th day of March, 2015

J U D G M E N T

The limited prayer in this writ petition is for a direction to the respondent to consider Ext.P3 application.

2.

The petitioner took a possession as per a rent agreement for conducting chicken business. For that, he obtained Ext.P1 consent from the Kerala State Pollution Control Board. The petitioner alleges that the respondent did not accept the application for licence from the petitioner on the ground that the building was not numbered. The landlord has filed an appeal before the Tribunal for Local Self Government Institutions, Thiruvananthapuram as Appeal No.1387/2014; and a stay order was also obtained in IA No.2908/2014, staying the demolition of unauthorized construction. The petitioner's grievance is that Ext.P3 application for licence is pending

W.P.(C) No. 6674 of 2015 ..2..

consideration before the respondent.

As the limited prayer in this writ petition is for a consideration of Ext.P3 application, the writ petition is disposed of directing the respondent to consider and pass appropriate orders on Ext.P3 after affording the petitioner and the affected parties, if any, within a period of one month from the date of receipt of a copy of this judgment.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/-