IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 4008 of 2005(B) ---------------------------------- PETITIONER(S): -------------------- HAJI C.ALAVIKUTTY, HIDES DEALER, PAN BAZAR, TIRUR. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TIRUR MUNICIPALITY, TIRUR, MALAPPURAM DISTRICT, REP. BY ITS SECRETARY. *ADDL.R3 IS IMPLEADED 3. POLLUTION CONTROL BOARD, DISTRICT OFFICE, MALAPPURAM REP.BY THE SENIOR ENIORNMENTAL ENGINEER. *ADDL. 3RD RESPONDENT IMPLEADED AS PER ORDER DT. 22.6.06 IN IA. 3325/05. BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR ADV. SRI.T.L.ANANTHASIVAN FOR R2 SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOARD FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.4008/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE CONSENT ISSUED BY THE POLLUTION CONTROL BOARD TO THE PETITIONER. P2:- JUDGMENT IN OP.16926/01. P3:- ORDER OF THE IST RESPONDENT WITH THE NO.G.O.RT.597/03/LSGD DT. 24.2.03. P4:-ORDER OF THE IST RESPONDENT STAYING EXT.P3 ORDER. P5:- ORDER OF THE 2ND RESPONDENT NO.H1.11198/04 DT. 28.1.05. P6:- COPY OF THE APPEAL PREFERRED BY THE PETITIONER BEFORE THE IST RESPONDENT WITHOUT ANNEXURE. RESPONDENT'S EXHIBITS R2(a):- COPY OF THE MEMORANDUM SIGNED BY 496 PERSONS LIVING IN WARD NO.8,9,10 AND 12 OF THE TIRUR MUNICIPALITY. R2(b):- COPY OF THE REPORT SUBMITTED BY THE COUNCILORS OF THE SUB COMMITTEE APPOINTED BY THE 2ND RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.4008 of 2005 ----------------------------------------- Dated this the 29th day of October, 2008 JUDGMENT Petitioner is aggrieved by Ext.P5 notice issued by the second respondent Municipality directing the petitioner to close down the hide mart conducted by the petitioner. According to the petitioner there is no pollution and that the matter is now pending before the Government. There will be a direction to the 3rd respondent to inspect the premises of the petitioner with notice to the petitioner and the second respondent and in case there is any pollution appropriate prompt action shall be taken by the 3rd respondent to abate the pollution. It is also made clear that the further renewal of the licence shall only be after complying with the instructions issued by the 3rd respondent. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.4008 of 2005 ----------------------------------- JUDGMENT 29th October, 2008