IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 3883 of 2005(K) -------------------------------------- PETITIONER(S): ---------------------- P.O.ALIKUTTY, AGED 52 YEARS, S/O. MOHAMMED @ KUNHI BAPPU, PARAPPURAM HOUSE, KOTT-PAYYANANGADI, TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.K.RAMACHANDRAN SRI.P.RAMACHANDRAN RESPONDENT(S): --------------------------- 1. TIRUR MUNICIPALITY REPRESENTED BY ITS SECRETARY, TIRUR, MALAPPURAM DISTRICT. 2. KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. *ADDL. R3 IS IMPLEADED. 3. MOHAMMED BASHEER, KARATTIL HOUSE, PARANAKKAD, P.O. TIRUR, MALAPPURAM DISTRICT. *ADDL. R3 IS IMPLEADED AS PER ORDER DT. 22.6.06 IN IA. 8011/05. ADV. SRI.T.L.ANANTHASIVAN FOR R1 SRI.BABU JOSEPH KURUVATHAZHA,SC,POLU.C. FOR R2 SRI.P.CHANDRASEKHAR FOR ADDL.R.3 SRI.M.K.CHANDRAMOHAN DAS BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.3883/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN OP. NO.16926/2001 DT. 5.6.02. P2:- COPY OF THE GOVERNMENT ORDER NO.597/03/LOCAL.ADM. DT. 24.2.03. P3:- COPY OF THE CONSENT NO.W/10/47/03 GIVEN BY THE 2ND RESPONDENT TO THE PETITIONER'S SKIN MART. P4:- COPY OF THE LICENCE DT. 16.703 ISSUED BY THE IST RESPONDENT TO THE PETITIONER'S SKIN MART. P5:- COPY OF THE RENEWAL OF CONSENT DT. 30.10.04 GIVEN BY THE 2ND RESPONDENT TO THE PETITIONER'S SKIN MART. P6:- COPY OF THE RECEIPT DT. 26.2.04 ISSUED BY THE IST RESPONDENT IN RESPECT OF LICDNCE FEE PAID BY THE PETITIONER. P7:- COPY OF THE REPORT OF THE SUB COMMITTEE APPOINTED BY THE SIT RESPONDENT DT. 8.12.04. P8:- COPY OF THE NOTICE NO.H1.11198/04 DT. 28.1.05 ISSUED BY THE IST RESPONDENT. P9:- COPY OF THE APPLICATION FILED BY THE IIND PETITIONER TO THE IST RESPONDENT. P10:- COPY OF THE COMMUNICATION DT. 8.2.07 FROM THE IST RESPONDENT TO THE IIND PETITIONER. RESPONDENT'S EXHIBITS R3(a):- COPY OF THE DETAILS OF THE NEWS PAPER REPORT PUBLISHED MADYAMAM DAILY DT. 12.4.04. R3(b):- COPY OF THE NEWS PAPER REPORT PUBLISHED MADYAMAM DAILY DT. 14.4.04. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.3883 of 2005 ----------------------------------------- Dated this the 29th day of October, 2008 JUDGMENT Petitioner is aggrieved by Ext.P8 notice issued by the first respondent Municipality directing the petitioner to close down the hide mart conducted by the petitioner. According to the petitioner there is no pollution and that the matter is now pending before the Government. There will be a direction to the 2nd respondent to inspect the premises of the petitioner with notice to the petitioner and the first respondent and in case there is any pollution appropriate prompt action shall be taken by the 2nd respondent to abate the pollution. It is also made clear that the further renewal of the licence shall only be after complying with the instructions issued by the 2nd respondent. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.3883 of 2005 ----------------------------------- JUDGMENT 29th October, 2008