K.Raveendran Nair v. The City Corporation Of Tvm

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2015/1ST ASWINA, 1937 WP(C).No. 26759 of 2010 (T) -------------------------------------- PETITIONER:

-------------------------- K.RAVEENDRAN NAIR, MANAGING DIRECTOR R.D.R. AUDITORIUM, EDAPPAZHINJI, THIRUVANANTHAPURAM.

BY ADVS.SRI.M.R.ANANDAKUTTAN SMT.M.A.ZOHRA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN RESPONDENTS:

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

1. THE CITY CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY CITY CORPORATION OF THIRUVANANTHAPURAM THIRUVANANTHAPURAM.

2. THE HEALTH OFFICER, CITY CORPORATION OF THIRUVANANTHAPURAM, THIRUVANANTHAPURAM.

3. THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE THIRUVANANTHAPURAM.

R1 & R2 BY ADVS. SRI.N.NANDAKUMARA MENON (SR.) SRI.P.K.MANOJKUMAR R3 BY ADV. SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD ADVOCATE COMMISSIONER BY ADV. SRI.NIREESH MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 26759 of 2010 (T) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF RECEIPT DATED 2.5.2009 ISSUED TOWARDS PAYMENT OF LICENCE FEE P2 :

COPY OF LETTER FROM THE PETITIONER TO THE 3RD RESPONDENT P3 :

COPY OF LETTER DATED 25.5.2009 SENT BY THE THIRD RESPONDENT TO THE PETITIONER P4 :

COPY OF RECEIPT OF PAYMENT OF REQUISITE LICENCE FEE UPTO MAY 2009 P5 :

COPY OF REPRESENTATION DATED 5.8.2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT P6:

COPY OF ORDER DATED 17.2.2010 OF THE OMBUDSMAN P7:

COPY OF ORDER OF THE OMBUDSMAN P8:

COPY OF ORDER IN COMPLAINT NO. 1117/2009 OF THE OMBUDSMAN FOR LOCAL SELF GOVT. INSTITUTIONS.

P9 (IN I.A. NO. 5320/2011):

COPY OF NOTICE DATED 3.3.2011 AS DIRECTION FOR CLOSURE P9 (IN I.A. NO. 13443/2015):

COPY OF RECEIPT OF APPLICATION DATED 21.02.2015 SUBMITTED BY THE PETITIONER OBTAINING NECESSARY LICENCE FROM THE THIRD RESPONDENT P10:

COPY OF THE DEMAND DRAFT DATED 21.02.2015 P11:

COPY OF REQUIRED AFFIDAVIT SUBMITTED AS DIRECTED RESPONDENT(S)' EXHIBITS:- --------------------------------------- R3(a): COPY OF COMPLAINT IS DATED 28.4.2009 R3(b): COPY OF THE NOTICE DATED 27.05.2009 R3(c): COPY OF THE DOCUMENT SHOWING RELEVANT SECTION 25 OF THE WATER (PREVENTION & CONTROL OF POLLUTION ACT, 1974 /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 26759 OF 2010 ---------------------------------------- Dated this the 23rd day of September, 2015

JUDGMENT

The petitioner maintains that all the conditions laid down by the third respondent Board have been met to entitle him for renewal of consent to conduct the auditorium. The third respondent shall cause an inspection of the premises with due notice to the petitioner within a period of two weeks from today. 2.

Final orders as regards the renewal of consent shall be passed on the basis of the inspection so conducted within a period of one week from the date of inspection.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE