Meerasahib v. Pathanamthtta Muncipality
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 ---------------------------------------- PETITIONER:
-------------------- MEERASAHIB, AGED 64 YEARS S/O SAHIB RAWTHER, CHAVADITHEKKETHIL VEEDU, AZHOOR.P.O PATHANAMTHITTA, PATHANAMTHITTA DISTRICT, PIN-689645.
BY ADVS.SRI.K.SHAJ SRI.SAJJU.S RESPONDENTS:
----------------------
1. PATHANAMTHITTA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PATHANAMTHITTA.P.O PATHANAMTHITTA, PIN-689645.
2. THE SECRETARY, PATHANAMTHITTA MUNICIPALITY, PATHANAMTHITTA.P.O PATHANAMTHITTA, PIN-689645.
3. THE PATHANAMTHITTA MUNICIPAL COUNCIL, REPRESENTED BY ITS CHAIRMAN PATHANAMTHITTA MUNICIPALITY, PATHANAMTHITTA.P.O PATHANATHITTA, PIN-689645.
4. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, MAKKAMKUNNU, PATHANAMTHITTA-689645.
5. N.K.SHAJI, PULINILKUNNATHIL HOUSE, AZHOOR.P.O, PATHANAMTHITTA PATHANAMTHITTA DISTRICT, PIN-689645.
6. SINDHU SHAJI, W/O.SHAJI, PULINILKUNNATHIL HOUSE, AZHOOR.P.O PATHANAMTHITTA, PATHANAMTHITTA DISTRICT, PIN-689645.
R1 TO R3 BY SRI.V.K.SUNIL SC, PATHANAMTHITTA MUNICIPALITY R4 BY SRI.M.R.ARUNKUMAR, SC, POLLUTION CONTROL BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
--------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 THE TRUE COPY OF THE COMPLAINT DATED 29/12/2014 SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT P2 THE TRUE COPY OF THE RECEIPT DATED 29/12/2014 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER P3 THE TRUE COPY OF THE COMPLAINT DATED 29/12/2014 SUBMITTED BY THE PETITIONER TO THE FOURTH RESPONDENT P4 THE TRUE COPY OF THE RECEIPT DATED 29/12/2014 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER P5 THE TRUE COPY OF LETTER NO.PCB/PTA/ICE/794/2014 DATED 24/01/2015 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER P6 THE TRUE COPY OF THE COMPLAINT DATED 04.02.
2015 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT P7 THE TRUE COPY OF THE CONSENT CERTIFICATE GIVEN BY THE FOURTH RESPONDENT TO THE RESPONDENTS 5 AND 6 P8 THE TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 07/10/2014 ISSUED BY THE ASSISTANT DIVISIONAL OFFICER,FIRE AND RESCUE SERVICES, PATHANAMTHITTA TO THE SECOND RESPONDENT P9 THE TRUE COPY OF NOTICE NO.H1-8195/2015 ISSUED TO THE PETITIONER BY THE SECOND RESPONDENT P10 THE TRUE COPY OF NOTICE NO.H1-8195/2015 DATED 14/09/2015 ISSUED TO THE PETITIONER BY THE SECOND RESPONDENT P11 THE TRUE COPY OF THE AGENDA OF THE MEETING OF THE THIRD RESPONDENT MUNICIPAL COUNCIL TO BE HELD ON 23/09/2015 P12 THE TRUE COPY OF MEDICAL CERTIFICATE OF THE PETITIONER P13 THE TRUE COPY OF MEDICAL CERTIFICATE OF THE PETITIONER'S SON.
RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A.
V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 28679 OF 2015 ---------------------------------------- Dated this the 05th day of October, 2015
JUDGMENT
The petitioner objects to the grant of installation license sought for by respondents 5 and 6. The objections evidenced by Exts. P1 and P6 complaints has to be considered by the second respondent in terms of Section 448(3) of the Kerala Municipality Act. The petitioner as well as respondents 4 to 6 shall be put on notice and heard before the second respondent forwards any report to the third respondent Municipal Council.
2.
It is only thereafter the third respondent can act on the report and deal with the application put in by respondents 5 and 6 for the grant of installation license. The final decision taken by the third respondent Municipal Council on the application for grant of installation license shall be duly communicated to the petitioner also. It is open to the petitioner or any other persons to pursue other remedies if aggrieved. The writ petition is disposed of.
V. CHITAMBARESH JUDGE