IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 WP(C).No. 16490 of 2010(I) -------------------------- PETITIONER(S): --------------- M/S. ALLIED HOSPITALS PVT. LTD., KUNNAMKULAM.P,O, THRISSUR DISTRIT REPRESENTED BY ITS MANAGING DIRECTOR K.N. BHASKARAN UNNI, S/O. NARAYANAN NAMBOOTHIRI, AGED 57, GURUVAYUR, THRISSUR. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN SRI.K.RAVI (PARIYARATH) RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KUNNAMKULAM MUNICIPALITY, REP. BY ITS SECRETARY, KUNNAMKULAM.P.O, THRISSUR. 3. THE KERALA STATE POLLUTION C0NTROL BOARD, REP. BY ITS ENVIRONEMNTAL ENGINEER, THRISSUR R1 BY G.P. SHRI A.J. VARGHESE, R2 BY ADV. SHRI GRACIOUS KURIAKOSE ADV. SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF THE APPLICATION SUBMITTED BY THE petitioner DT.26.3.07 EXT.P2-TRUE COPY OF THE LETTER DATED 30.3.07 SENT BY THE PETITONER EXT.P3-TRUE COPY OF ACKNOWLEDGMENT ISSUED BY THE THIRD RESPONDENT DT.2.4.07 EXT.P4-TRUE COPY OF THE COMMUNICATION DT.20.3.2010 EXT.P5-TRUE COPY OF COMMUNICATION ISSUED BY R2 DT.22.5.2010 // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 16490 of 2010-I - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2010. JUDGMENT The petitioner herein, viz. M/s. Allied Hospitals Pvt. Ltd., Kunnamkulam, is aggrieved by the delay on the part of the Pollution Control Board in considering Exts.P1 and P2 application for renewal of the consent. Ext.P1 is the application dated 26.3.2007 and Ext.P2 is the covering letter dated 30.3.2007. The petitioner received Ext.P5 communication from the second respondent stating that since the requisite sanction is yet to be obtained from the Pollution Control Board the licence will not be renewed and hence the hospital has to be closed down. In these circumstances, the petitioner filed this writ petition, as the hospital with the patients, cannot be closed down. 2. This Court passed a detailed interim order on 28.5.2010. 3. Learned Standing counsel for the Pollution Control Board submitted that Exts.P1 and P2 applications will be considered in accordance with the rules and a decision will be communicated as expeditiously as possible. The same will be produced by the petitioner before the wpc 16490/2010 2 Municipality for getting the renewal of licence. The writ petition is disposed of recording the above submission. The interim order passed by this Court will continue till the Pollution Control Board passes fresh orders. After producing the consent, the petitioner can move the Municipality to modify Exts.P4 and P5, on which the Municipality will pass appropriate orders. No costs. (T.R. Ramachandran Nair, Judge.) kav/