IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 WP(C).No. 21544 of 2008(M) ----------------------------------------- PETITIONER: --------------------- C.V.JOSE, C.J'S PLY GLASS, C.J.TOWER, ROOM NOS.18, 19 AND 20, IKKANDA WARRIER ROAD, THRISSUR. BY ADV. SRI.JIJO PAUL RESPONDENTS: -------------------------- 1. THE SECRETARY, THRISSUR MUNICIPAL CORPORATION, THRISSUR. 2. THE HEALTH OFFICER, THRISSUR MUNICIPAL CORPORATION, THRISSUR. 3. THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE THRISSUR, REPRESENTED BY THE ENVIRONMENTAL ENGINEER. 4. THE KERALA STATE POLLUTION CONTROL BOARD, TRIVANDRUM, REPRESENTED BY ITS MEMBER SECRETARY. 5. P.L.RAFI, S/O.LONAPPAN, ROOM NO.14, C.J.TOWER, IKKANDA WARRIER ROAD, THRISSUR. 6. C.A.RAFI, S/O.ANTONY, ROOM NO.14, C.J.TOWER, IKKANDA WARRIER ROAD, THRISSUR. ADV. SRI.K.B.MOHANDAS, SC, CORPN,- R1 & 2 SRI.LELLULAL T.G.THUNDATHIL, SC, CORPN.- R1 & 2 SRI.M.K.CHANDRAMOHAN DAS, SC, KSPCB FOR R3 & R4 SRI.DINESH MATHEW J.MURICKEN FOR R5 & 6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21544/2008 M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPLY RECEIVED BY THE PETITIONER AS NO.PH1-19333/07 DTD. 8/10./2007 FROM THE 2ND RESPONDENT. EXT.P2: COPY OF THE JUDGMENT DTD. 2/04/2007 IN WP(C) NO.11415/2007 OF THIS HON'BLE COURT. EXT.P3: COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT DTD. 21/06/2008 AS NO.PCB/TSR/IC/241/07. EXT.P4: COPY OF THE CLOSURE NOTICE ISSUED BY THE CORPORATION AS NO.PH5-4126/2007 DTD. 27/10/2007. EXT.P5: COPY OF THE JUDGMENT DTD. 26/11/2007 IN WP(C)NO. 32080/2007 OF THIS HON'BLE COURT. EXT.P6: COPY OF THE LETTER ISSUED BY 2ND RESPONDENT TO THE PETITIONER DTD. 21/05/2008. EXT.P7: COPY OF THE REPLY NO.PH1-14042/08 DTD. 28/06/2008 RECEIVED BY THE PETITIONER FROM THE 2ND RESPONDENT. RESPONDENT'S EXHIBIT: EXT.R5(A): COPY OF THE RECEIPT ISSUED BY THE CORPORATION OF THRISSUR TO THE 5TH RESPONDENT DTD. 29/10/2007. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 21544 of 2008 -------------------------------------------------------- Dated: JULY 31, 2008 JUDGMENT Petitioner seeks implementation of Ext.P4 order passed by the Health Officer of the Corporation directing closure of the establishments of respondents 5 and 6. 2. Now it has come out from the statement filed by respondents 5 and 6 that an appeal filed by them against Ext.P4 is pending consideration of the Corporation. If that be so, it will not be proper for this Court to direct implementation of Ext.P4, as it has not attained finality. In these circumstances what is appropriate is to direct the Corporation to expeditiously dispose of the appeal filed by respondents 5 and 6. 3. Accordingly this writ petition is disposed of directing that the Corporation shall dispose of the appeal filed by respondents 5 and 6 against Ext.P4 on an expeditious basis and at any rate within four weeks of WP(C) 2 production of a copy of this judgment. 4. It was stated by the petitioner that the proceedings resulting in Ext.P4 were originated on his complaint. If that be so, it is directed that before orders are passed in the appeal, petitioner shall also be given notice and an opportunity of hearing. Petitioner shall produce a copy of this judgment before the Corporation for compliance. ANTONY DOMINIC JUDGE mt/-