High Court of KeralaWP(C)/19413/2015disposed of

Suneesh Babu Divakaran v. Karunagapally Municipality

2015-10-13Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 13TH DAY OF OCTOBER 2015/21ST ASWINA, 1937 WP(C).No. 19413 of 2015 (B) PETITIONER:

-------------------------- SUNEESH BABU DIVAKARAN, AGED 46 YEARS S/O.DIVAKARAN, KOCHAYYATH (H), PADA NORTH KARUNAGAPALLY, KOLLAM.

BY ADVS.SRI.K.MOHANAKANNAN SRI.H.PRAVEEN (KOTTARAKARA) RESPONDENTS:-:

--------------------------

1. KARUNAGAPALLY MUNICIPALITY REPRESENTED BY ThE SECRETARY, KARUNAGAPALLY KOLLAM DISTRICT.

2. THE POLLUTION CONTROL BOARD REPRESENTED BY THE ENVIRONMENTAL ENGINEER, KOLLAM.

3. THE HEALTH INSPECTOR KARUNAGAPALLY MUNICIPALITY, KARUNAGAPALLY KOLLAM DISTRICT.

4. ABDUL MANAF SMRITHI (H), PADA NORTH, KARUNAGAPALLY KOLLAM.

R1 BY ADV. SRI.M.R.SASITH R2 BY ADV. SRI.M.R.ARUNKUMAR, SC, POLLUTION CONTROL BOARD R3 BY SR. GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN R4 BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.MANU SEBASTIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 19413 of 2015 (B) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1. TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 22.04.2015.

EXHIBIT P2. TRUE COPY OF THE ACKNOWLEDGEMENT DATED 22.04.15. EXHIBIT P3. THE TRUE COPY OF THE CONSENT DATED 01.02.13. EXHIBIT P4. THE TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 18.06.15.

EXHIBIT P5. THE PHOTOGRAPHS OF THE UNIT AND SURROUNDINGS EXHIBIT P6. THE TRUE COPY OF THE ONLINE APPLICATION SUBMITTED BY THE PETITIONER DATED 03.08.2015 EXHIBIT P7. THE TRUE COPY OF THE RECEIPT DATED 03.08.2015 EXHIBIT P8. THE TRUE COPY OF THE ACKNOWLEDGMENT DATED 11.9.2015 EXHIBIT P9. THE TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 11.08.2015 RESPONDENT(S)' EXHIBITS:- --------------------------------------- EXHIBIT R2(a).

COPY OF THE LETTER CONTAINING THE DIRECTION ISSUED TO THE 1ST RESPONDENT BY KERALA STATE POLLUTION CONTROL BOARD, THE 2ND RESPONDENT DATED 06.05.2015 /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 19413 OF 2015 Dated this the 13th day of October, 2015

JUDGMENT

The petitioner confines his relief to an early consideration of an application filed for license to run a poultry farm. The application is seen received by the first respondent as evident by Ext. P2 acknowledgment. 2.

I direct the first respondent to consider the application for license with notice to the petitioner and respondents 2, 3 and 4. The needful shall be done within a period of two months from the date of receipt of a copy of this judgment.

It is reported that an application for consent to operate is pending consideration with the second respondent. The second respondent shall pass orders thereon after hearing the petitioner, respondents 3 and 4.

W.P.(C). NO. 19413 OF 2015 2 4.

Hearing by the second respondent shall precede the hearing by the first respondent. The entire exercise shall be completed within a period of two months.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS