IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 19635 of 2011(D) ---------------------------------- PETITIONER(S): ------------------- MITSUI O.S.K.LINES (INDIA) PVT.LTD., II FLOOR, COASTAL BUILDING, MILNE ROAD, WILLINGTON ISLAND, KOCHI-682 003, REPRESENTED BY ITS BRANCH MANAGER, MR.V.J.FRANCIS. BY ADVS. SRI.V.M.SYAM KUMAR SMT.KRIPA ELIZABETH MATHEWS SRI.V.N.HARIDAS SMT.DIVYA C.MOHAN RESPONDENT(S): -------------------- 1. CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, ERNAKULAM. 2. SECRETARY,CORPORATION OF COCHIN, CORPORATION OFFICE, ERNAKULAM. 3. THE HEALTH INSPECTOR, CIRCLE NO.10, EDAKOCHI, CORPORATION OF COCHIN , CORPORATION OFFICE, ERNAKULAM. R1 TO 3 BY ADVS. SRI.K.J.MANU RAJ,SC,COCHIN CORPORATION SRI.P.K. SOYUZ, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.19635/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTICE DATED 16/07/2011 BEARING NO.IX/C10/11-12 P2: COPY OF THE BILL OF LADING BEARING NO.MOLU13900243099 P3: COPY OF THE LETTER FROM THARAKAN FOODS PVT.LTD. P4: COPY OF THE LETTER DATED 10/05/2011 ISSUED BY THE PETITIONER TO THE CUSTOMS. P5: COPY OF THE LETTER DATED 16/05/2011 RECEIVED FROM THE CUSTOMS. P6: COPY OF THE LETTER DATED 15/06/2011 FROM SRI.EBRAHIM K.A. P7: COPY OF THE LETTER DATED 18/07/2011 ISSUE DBY THE M/S.RANEE ENTERPRISES PVT.LTD. P8: COPY OF THE RECEIPTS DATED 14/06/2011 BEARING NO.16972 AND 16973. P9: COPY OF THE LETTER DATED 15/07/2011 FROM SRI.EBRAHIM K.A. P10: COPY OF THE REPRESENTATION DATED 18/07/2011 BY THE PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 19635 OF 2011 ------------------------------- DATED THIS THE 12TH DAY OF OCTOBER, 2011 JUDGMENT Heard the learned counsel for the petitioner and the Standing Counsel for the lst respondent-Corporation. 2. This writ petition is filed seeking to quash Ext.P1 notice, for a direction directing the respondents not to initiate any steps under Article 340A of the Kerala Municipality Act, 1994 or the Municipal Solid Wastes (Management and Handling) Rules, 2000 or any other provision of law, unless affording an opportunity of being heard to the petitioner and only after following the due procedure as established by law, and for other incidental reliefs. 2. When the matter was taken up for hearing today, the learned counsel for the petitioner submits that Ext.P10 representation is pending consideration before the lst respondent- Corporation and requests this Court to issue a direction to the lst respondent-Corporation to consider and dispose of Ext.P10 -2- W.P.(C).No.19635/2011 representation within a time frame. In the aforesaid facts and circumstances of the case, this writ petition is disposed of with a direction to the lst respondent- Corporation to consider and pass appropriate orders on Ext.P10 representation, after affording an opportunity of being heard to the petitioner, within a period of two months from the date of receipt of a copy of this judgment. The interim order dated 19/7/2011 passed by this Court shall continue till the disposal of Ext.P10 representation. HARUN-UL-RASHID, Judge. kcv.