High Court of KeralaWP(C)/26400/2015disposed of

V.Sadasivan Nair v. The District Collector

2015-09-01Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 1ST DAY OF SEPTEMBER 2015/10TH BHADRA, 1937 WP(C).No. 26400 of 2015 (Y) ---------------------------- PETITIONER(S):

----------------- V.SADASIVAN NAIR, AGED 59 YEARS S/O. VELAYUDHAN PILLAI RESIDING AT CHILAKAMPARAMELEL PUTHENVEEDU VAZHAPPALLY EAST, CHANGANACHERRY KOTTAYAM DISTRICT PIN 686 103 BY ADVS.SRI.S.JAYAKRISHNAN SRI.S.PARAMESWARA PRASAD RESPONDENT(S):

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1. THE DISTRICT COLLECTOR KOTTAYAM PIN 686 001

2. THE ENVIORNMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, KOTTAYAM PIN 686 001

3. CHANGANACHERRY MUNICIPALITY REPRESENTED BY ITS SECRETARY CHANGANACHERRY PIN 686 101 R BY GOVERNMENT PLEADER SMT.SANJEETHA.

R BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 26400 of 2015 (Y) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXHIBIT P1 TRUE COPY OF PROFESSIONAL TAX RECEIPT DATED 06-08-1984 ISSUED BY THE LOCAL AUTHORITY EXHIBIT P1(A) TRUE COPY OF PROFESSIONAL TAX RECEIPT DATED 01-07-1988 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER EXHIBIT P2 TRUE COPY OF RECEIPT OF PAYMENT OF FEES FOR THE RENEWAL OF LICENSE IN THE YEAR 2015-2016 DATED 31-03-2015 ISSUED BY THE 3RD RESPONDENT EXHIBIT P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED 08-08-2015 EXHIBIT P4 TRUE COPY OF NOTICE NO. H1-7011/15 DATED 11-05-2015 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER EXHIBIT P5 TRUE COPY OF NOTICE NO.

H1-7011/15 DATED 01-07-2015 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER EXHIBIT P6 TRUE COPY OF THE REPLY DATED 04-07-2015 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P7 TRUE COPY OF RECEIPT DATED 10-08-2015 OF CONSENT APPLICATION AND ITS FEES ISSUED BY THE 2ND RESPONDENT EXHIBIT P8 TRUE COPY OF REPRESENTATION DATED 20-08-2015 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS : NIL.

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

V.CHITAMBARESH, J.

--------------------- W.P (C) No.26400 of 2015 --------------------- Dated this the 1st day of September, 2015

J U D G M E N T

The workshop of the petitioner has been directed to the closed by Ext.P5 notice of the third respondent Municipality. It is so done on the premise that the petitioner has not hitherto produced the consent to operate from the Kerala State Pollution Control Board.

The petitioner laments that his application for consent to operate has been pending for long and that the same is followed by Ext.P8 representation. I direct the second respondent to consider the application for consent to operate as well as Ext.P8 representation within two weeks.

3. The petitioner is also free to move the third respondent Municipality for a breathing time to produce the consent to operate and for permission to conduct the workshop in the meanwhile. Ext.P6 representation put in this regard shall also be considered by the third respondent Municipality on production of this judgment.

4. The petitioner shall produce a copy of this

W.P(C) No.26400 of 2015 judgment along with a copy of the writ petition before the third respondent for compliance.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.