High Court of KeralaWP(C)/27488/2015disposed of

L.Saiju v. The Secretary

2015-10-05Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 5TH DAY OF OCTOBER 2015/13TH ASWINA, 1937 WP(C).No. 27488 of 2015 (I) ---------------------------- PETITIONER(S):

---------------- L.SAIJU, AGED 50 YEARS S/O.LAKSHMANAN, AKKAVILA HOUSE, ERAVIPURAM.P.O. KOLLAM, PIN-691 011.

BY ADVS.SMT.SUMATHY DANDAPANI (SR.) SRI.MILLU DANDAPANI RESPONDENT(S):

------------------- THE SECRETARY THRIKKOVILVATTOM GRAMA PANCHAYATH, P.O.MUKHATHALA KOLLAM-691 577.

R1 BY ADV. SRI.M.R.SASITH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27488 of 2015 (I) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- EXHIBIT P1-TRUE COPY OF THE REPORT DATED 25-02-2010 SUBMITTED BY R.D.O. KOLLAM TO THE 1ST RESPONDENT.

EXHIBIT P2-TRUE COPY OF THE LICENSE ISSUED ON THE 12-06-2015 FROM THE DEPARTMENT OF FACTORIES AND BOILERS.

EXHIBIT P3-TRUE COPY OF THE REPORT OF THE DISTRICT MEDICAL OFFICER OF HEALTH, DATED 20-10-2010 TO THE RESPONDENT.

EXHIBIT P4- TRUE COPY OF THE CERTIFICATE ISSUED BY THE DIVISIONAL FIRE OFFICER, DATED 13-20-2010.

EXHIBIT P5: TRUE COPY OF THE CONSENT ISSUED ON 10-03-2014 BY THE KERALA STATE POLLUTION CONTROL BOARD, VALID UPTO 31-12-2016. EXHIBIT P6: TRUE COPY OF THE LICENSE ISSUED BY THE SECRETARY ON 20-09-2011, VALID UPTO 31-03-2012.

EXHIBIT P7: TRUE COPY OF THE LICENSE ISSUED BY THE SECRETARY ON 25-07-2012, VALID UPTO 31-03-2013.

EXHIBIT P8: TRUE COPY OF THE LICENSE ISSUED BY THE SECRETARY ON 29-03-2014, VALID UPTO 31-03-2014.

EXHIBIT P9: TRUE COPY OF THE LICENSE ISSUED BY THE SECRETARY ON 26-04-2014, VALID UPTO 31-03-2015.

EXHIBIT P10: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ON 21.3.2015 BEFORE THE RESPONDENT FOR RENEWING THE LICENCE.

EXHIBIT P10(a) TRUE COPY OF THE RECEIPT ACKNOWLEDGING THE RECEIPT OF EXT.P10.

RESPONDENT(S)' EXHIBITS : NIL.

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

V.CHITAMBARESH, J.

--------------------- W.P (C) No.27488 of 2015 --------------------- Dated this the 5th day of October, 2015

J U D G M E N T

The petitioner confines his relief to an early consideration of Ext.P10 application filed for renewal of licence. The licence is sought to enable the petitioner to run the metal sand unit for the year 2015-16.

2. The first respondent has filed a counter affidavit to the above writ petition. The respondents maintain the stand that the application for renewal can be considered only after the petitioner removes the waste materials including clay dumped in the property. The petitioner undertakes to remove those materials pointed out by the petitioner within a period of three weeks.

3. The respondents shall consider Ext.P10 application filed for renewal of licence put in by the petitioner with due notice within a period of six weeks from today.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj/05.10.15