IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WA.No. 187 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.33107/2007 Dated 18/11/2008 .................... APPELLANT(S): PETITIONER: --------------------------------------------- R.S.VIVEK, S.N.SADANAM, POONTHI ROAD, KUMARAPURAM, TRIVANDRUM. BY ADVS.MR.THOMAS ABRAHAM, MR.DIPU.R, SMT.MERCIAMMA MATHEW MR.K.S.HARIDAS RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. CORPORATION OF TRIVANDRUM REPRESENTED BY IT'S SECRETARY, CORPORATION OFFICE, TRIVANDRUM. 2. R.SANTHOSH LAL, SANTHOSH BHAVAN, HOUSE NO. 14/394-1, POONTHI ROAD, TRIVANDRUM. R1 BY MR. NANDAKUMARA MENON, SR.ADVOCATE THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.A.No.187 of 2009 ------------------------------------- Dated 27th January, 2009 JUDGMENT Koshy, Ag.C.J . Appellant/petitioner was prevented by the Corporation in conducting his provision store cum chicken stall. Petitioner approached the Tribunal for Local Self Government Institutions. The Tribunal directed the Corporation to pass final order and till final order is passed, petitioner was prevented from killing and dressing chicken. Operative portion of Ext.P6 reads as follows: “In the result, Decision No.1(2) dated 22.12.2006 of the Council of the Corporation of Thiruvananthapuram is set aside and the Secretary is directed to pass final order based on the Show Cause Notice dated 13.10.2005 of the Health Officer considering the consent of the Pollution Control Board and rendering opportunity of being heard to the Petitioner, 2nd Counter Petitioner and other interested parties if any within 30 days from getting a copy of this order. Till passing final order as directed, the Petitioner shall not kill or dress chicken in Building No.T.C.14/413 or in its precincts and the Secretary will positively ensure that the Petitioner is complying with that direction.” W.A.187/2009 2 Consequently Ext.P7 notice was issued for hearing. Petitioner filed Ext.P8 objection. Petitioner also pointed out that he got a favourable order from the Pollution Control Board. All these can be placed before the authority. We see no ground to interfere with the matter and agree with the views of the learned single Judge. If hearing is not granted so far, that shall be granted and final order shall be passed within one month from today. The appeal is disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks