IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 WP(C).No. 8397 of 2008(Y) ------------------------------ PETITIONER: -------------- RAVEENDRAN NAIR, S/O.THANKAPPAN NAIR THANKAM NIVAS, KUREEPUZHA SAKTHIKULANGARA VILLAGE, KOLLAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS: ----------------- 1. THE SECRETARY, KOLLAM CORPORATION KOLLAM. 2. ANANDAVALLY, W/O.JALADHARAN, AJI NIVAS KANNIMEL CHERRY, KAVANAD, KOLLAM. R1 BY STANDING COUNSEL SRI M.K.CHANDRAMOHAN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 8397/2008 1 PIUS C. KURIAKOSE, J. ---------------------------------------------------- W.P.C. No 8397 of 2008 --------------------------------------------------- Dated this the 1st April 2008 JUDGMENT The petitioner has filed I.A. No 4351 of 2008 seeking permission to take out notice by special messenger to the second respondent. 2. It is pointed out by the Standing Counsel for the Corporation that the Corporation became obliged to take action for closing down the petitioner's saw mill when it was noticed that the petitioner is conducting the saw mill without any licence from the Corporation. Ext. P5 order of the Corporation closing down the petitioner's saw mill is under challenge, inter alia, on the ground that the same was not preceded by hearing to the petitioner. It is not disputed before me that the petitioner does not have a current valid licence issued by the Corporation for conducting the saw mill in question. In fact, one of the prayers sought for in the writ petition is for a direction to the Corporation to permit the petitioner to conduct WPC 8397/2008 2 the saw mill without any licence. The allegation of the petitioner is that the Corporation is hands in glove with the second respondent who is the owner of the building where saw mill is being conducted and that Ext P10 order directing maintenance of status quo in respect of the building is being violated by the Corporation for the purpose of helping the second respondent. I have gone through Ext P10 order. It is seen that Ext P10 order is binding on the petitioner and the second respondent alone. Ext P10 cannot be an answer to the stand of the Corporation that the petitioner is bound to take out licence for conducting the saw mill. Ext P11 licence issued to the petitioner from the erstwhile Sakthikulangara Grama Panchayat expired on 31.03.1998. This being the position, I do not find any justification for interfering with Ext P5 even if the same is not preceded by a hearing of the petitioner. Therefore I dispose of the writ petition directing the petitioner to file an application for licence before the first respondent Corporation for his saw mill. If such an application for licence is received by the Corporation from the petitioner within three weeks from today, the Corporation will consider that application in accordance with law and take a decision with notice to the second respondent also. The decision as directed WPC 8397/2008 3 above will be taken by the Corporation at the earliest at any rate within one month of the petitioner filing the application for licence. SD/- PIUS C. KURIAKOSE Judge 01/04/2008 en [TRUE COPY] WPC 8397/2008 4 Appendix Petitioner's exhibits: Ext.P1 - True copy of the agreement dated 29.03.2007 Ext.P2 - True copy of plaint dated 30.01.2008 in O.S 87/2008 before the Sub Court, Kollam Ext.P3 - True copy of the deed dated 02.06.2007 Ext.P4 - True copy of the deed dated 07.09.2007 Ext.P5 - True copy of the proceedings dated 20.02.2008 Ext.P6 - True copy of electricity bill dated 26.02.2008 Ext.P7 - True copy of representation dated nil filed by the petitioner before the secretary of Corporation Ext.P8 - True copy of the temporary injunction I.A No 433/2008 in O.S. No 87/2008 before the Sub Court, Kollam dated 30.01.2008 Ext.P9 - True copy of objection in I.A. No 433/2008 in O.S.87/2008 before the Sub Court, Kollam dated 16.02.2008 filed by the second respondent Ext.P10 - True copy of the order dated 31.01.2008 in I.A. 433/2008 in O.S. No 87/2008 before the Sub Court, Kollam Ext.P11 - True copy of licence issued by Sakthikulangara Grama Panchayat Ext.P12 - True copy of application submitted before the Kerala State Pollution Control Board dated 19.07.1997 [true copy]