M.Kanakambaran v. The Thrikkakara Municipality

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 22ND DAY OF SEPTEMBER 2015/31ST BHADRA, 1937 WP(C).No. 9453 of 2015 (F) --------------------------- PETITIONER(S):

-------------------------- M.KANAKAMBARAN AGED 60 YEARS MANAGING PARTNER, SREEKASHI WORKING WOMENS' HOSTEL VIKASAVANI, THENGODE, KAKKANAD PO KOCHI 30 BY ADVS.DR.K.P.SATHEESAN (SR.) SRI.M.R.SASITH RESPONDENT(S):

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1. THE THRIKKAKARA MUNICIPALITY KAKKANAD PO, KOCHI 682030 REPRESENTED BY ITS SECRETARY

2. THE SECRETARY THRIKKAKARA MUNCIPALITY, KAKKANAD PO, KOCHI 682030

3. THE THRIKKAKARA MUNICIPAL COUNCIL REPRESENTED BY THE CHAIRMN, THRIKKAKARA MUNICIPALITY KAKKANAD PO, KOCHI 682030

4. THE CHAIRMAN THRIKKAKARA MUNICIPALITY, KAKKANAD PO, KOCHI 682030 Addl.5TH RESPONDENT.

KERALA STATE POLLUTION CONTROL BOARD, GANDHI NAGAR,KADAVANTHARA, KOCHI R1-R4 BY ADV. SRI.S.SHANAVAS KHAN R5 BY ADV. SRI. M.AJAY, STANDING COUNSEL, KERALA STATE POLLUTION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 9453 of 2015 (F) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:TRUE COPY OF THE "CERTIFICATE OF ANALYSIS" DATED 19.02.2015 ISSUED TO PETITIONER BY POLUCHEM LABORATORIES (P) LTD.

P2:TRUE COPY OF THE 2ND RESPONDENT'S NOTICE DATED 24.02.2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER P2(A):TRUE ENGLISH TRANSLATION OF EXT P2 P3:TRUE COPY OF THE JUDGMENT DATED 27.02.2015 WPC.6445/2015 OF THIS HONOURABLE COURT P4:TRUE COPY OF 2ND RESPONDENT'S NOTICE DATED 10.03.2015 TO THE PETITIONER P4(A):TRUE ENGLISH TRANSLATION OF EXT P4 P5:TRUE COPY OF THE LETTER DATED 20.03.2015 OF PETITIONER'S COUNSEL SUBMITTED TO 4TH RESPONDENT ON 20.03.2015 P6:TRUE COPY OF THE ORDER DATED 21.03.2015 PASSED BY THE 4TH RESPONDENT AND COMMUICATED TO PETITIONER P6(A):TRUE ENGLISH TRANSLATION OF EXT P6 P7 - TRUE COPY OF THE D.D SUBMITTED BY THE PETITIONER BEFORE THE 5TH ADDITIONAL RESPONDENT.

P8 - TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE additional 5TH RESPONDENT.

P9 - TRUE COPY OF THE APPLICATION FOR RENEWAL OF THE CONSENT FILED BY THE PETITIONER DATED 11.9.2015 P10 - TRUE COPY OF THE CONSENT ISSUED BY THE 5TH RESPONDENT DATED 11.9.2015.

RESPONDENT(S)' EXHIBITS --------------------------------------- ANNEXURE R5(a) - TRUE COPY OF THE UNDERTAKING RGARDING THE INSTALLATION OF POLLUTION CONTROL FACILITIES ANNEXURE R5(b) - TRUE COPY OF THE LETTER ENCLOSING THE AGREEMENT AND CONSENT FROM THE ADJACENT LAND OWNER. TRUE COPY SKS P.A. TO JUDGE

V.CHITAMBARESH, J.

--------------------- W.P (C) No.9453 of 2015 --------------------- Dated this the 22nd day of September, 2015

J U D G M E N T

Now that the 5th respondent has granted Ext.P12 consent to operate the Working Womens' Hostel by the petitioner, the application for renewal of licence put in by the petitioner deserves to be considered by the 2nd respondent. The same shall be considered with notice to the petitioner within a period of two weeks from the date of receipt of a copy of this judgment, in the light of Ext.P12 consent.

The Writ Petition is disposed of.

V.CHITAMBARESH, Judge.

sks