IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 25TH APRIL 2008 / 5TH VAISAKHA 1930 WP(C).No. 12502 of 2008(L) -------------------------- PETITIONER: ------------ KABEER K.B., H.NO.XXXII/175, KUDILIL HOUSE, KUDILIL ROAD, KALAMASSERY, ERNAKULAM DISTRICT. BY ADV. SRI.ANTONY V. PAUL RESPONDENTS: ------------- 1. THE SECRETARY, KALAMASSERY MUNICIPALITY, CHANGAMPUZHA NAGAR P.O., KALAMASSERY. 2. KALAMASSERY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, CHANGAMPUZHA NAGAR P.O. KALAMASSERY. 3. KALAMASSERY MUNICIPAL COUNCIL REPRESENTED BY ITS CHAIRPERSON, KALAMASSERY MUNICIPALITY, CHANGAMPUZHA NAGAR P.O KALAMASSERY. 4. ANTONY A.J., H.NO.XXXII/175, AZHINAYKKAL HOUSE, KDPP P.O. S.KALAMASSERY. R1 TO R3 BY ADV. M.K. ABOOBACKER R4 BY ADV. SRI.N.DHARMADAN (SR.) SMT.D.P.RENU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/04/2008, ALONG WITH WPC 13398 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 12502 & 13398 OF 2008 -------------------------------------------- Dated this the 25th day of April, 2008 JUDGMENT In the connected cases, the question involved is whether the petitioner in WPC 13398 of 2008 is entitled to licence to run a workshop. Counsel for the Kalamassery Municipality submitted that petitioner in WPC 13398 of 2008 has nsot furnished all statutory documents such as medical officer's report, pollution clearance, etc. for considering the application for licence for the workshop. However, it is reported that petitioner is operating the workshop for the last one and a half years. The objector who is the petitioner in the connected case, WPC 12502 of 2008, has raised objection on account of pollution caused by the workshop. The workshop owner's case is that no noise is produced in the workshop because he is engaged only in replacement and no patch work or other metal tinkering work is going on. In the circumstances, WPs. are disposed of directing the Kalamassery Municipality to consider and pass orders on the application of the petitioner in WPC 13398 of 2008 after hearing the objection of the 2 objectors within a period of two months from now. In between the Municipality will permit the petitioner in WPC 13398 of 2008 to run the workshop with a condition that he will not engage in patch work or other noise producing activity. (C.N. RAMACHANDRAN NAIR) Judge kk 3