IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 WP(C).No. 7165 of 2004(C) ---------------------- PETITIONER : --------------------- LT.M.RAVEENDRAN NNAIR (RETD.) C-44/950, SIVAPRIYA, POTTAKUZHY LANE, NORTH KALOOR, COCHIN 682017 BY ADVS. SRI.GOVINDH K.BHARATHAN, SENIOR ADVOCATE SRI.MANU MOHAN RESPONDENT(S): ------------------------- 1. THE CORPORATION COUNCIL OF COCHIN, REPRESENTED BY ITS MAYOR, OFFICE OF THE KOCHI CORPORATION, KOCHI-11 2. THE SECRETARY, CORPORATION OF COCHIN, KOCHI-11 3. THE HEALTH OFFICER, CORPORATION OF COCHIN, KOCHI-11 4. THE TOWN PLANNING OFFICER, CORPORATION OF COCHIN, KOCHI-11 5. THE SENIOR ENVIRONMENTAL ENGINEER, STATE POLLUTION CONTROL BOARD, GANDHI NAGAR, KOCHI-18. 6. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, KALOOR MAJOR SECTION, ERNAKULAM. 7. BINU GEORGE, S/O. MARY RAPHAEL, NAPPADY HOUSE, C-44/951, POTTAKUZHY LANE, KALOOR, KOCHI-17 ...2/- WP(C).No. 7165 of 2004(C) -2- 8. MARY RAPHAEL, NAPPADY HOUSE, C-44/951, POTTAKUZHY LANE, KALOOR4-17. R1 TO R4 BY ADV. SMT.ANU SIVARAMAN NAIR, SC, COCHIN CORP R5 BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA, SC, POLU.C.BOARD SRI.M.K.CHANDRA MOHANDAS, SC, POLL.C.BOARD R6 BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB R7 & R8 BY ADVS. SRI.VARGHESE C.KURIAKOSE SRI.JACOB SEBASTIAN SRI.PRAVEEN K. JOY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/- WP(C).No. 7165 of 2004(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOCOPY OF THE NOTICE NO. M.O.H 181/98 DATED 19-2-2004 OF THE 2ND RESPONDENT. EXT.P2A & P2E : PHOTOGRAPHS OF THE SHED IN DIFFERENT VIEWS. EXT.P3 : PHOTOCOPY OF THE LICENSE ISSUED BY THE CORPORATION OF COCHIN. EXT.P4 : PHOTOCOPY OF THE NOTICE NO. M.O.H 15/181/98 DATED 13-5-1998 OF THE 2ND RESPONDENT. EXT.P5 : PHOTOCOPY OF THE NOTICE NO. M.O.H 15/181/98 DATED 22-7-1999 OF THE 2ND RESPONDENT. EXT.P6 : PHOTOCOPY OF THE LETTER NO. PCB/CHN/CM-93/97 DATED 7-10-1999. EXT.P7 : PHOTOCOPY OF THE ORDER NO. M.O.H 15/181/98 DATED 21-11-1999 OF THE 2ND RESPONDENT. EXT.P8 : PHOTOCOPY OF THE INTERIM ORDER IN CMP 50553/99 IN OP 20454/1999 DATED 26-11-1999 OF THIS HONOU COURT. EXT.P9 : PHOTOCOPY OF THE NOTICE NO. M.O.H 15/181/98 DATED 20-3-2002 OF THE 3RD RESPONDENT. EXT.P10A : PHOTOCOPY OF THE COMMISSION REPORT IN CMP 11692/2002 OP 9174/99 BY ADVOCATE V.P.K. PANICKER. EXT.P10B : PHOTOCOPY OF THE REPORT FILED BY ADVOCATE COMMISSIONER PRIYA MANJOORAN. EXT.P11 : PHOTOCOPY OF THE INTERIM ORDER IM CMP 11692/2002 IN OP 9174/1999 DATED 3-4-2002 OF THIS HONOURABLE COURT. EXT.P12 : PHOTOCOPY OF THE NOTICE NO. M.O.H 15/181/98 DATED 11-4-2002 OF THE 3RD RESPONDENT. EXT.P13 : PHOTOCOPY OF THE NOTICE DATED 27-6-2002 OF THE CORPORATION OF COCHIN. WP(C).No. 7165 of 2004(C) EXT.P14 : PHOTOCOPY OF THE JUDGMENT IN OP.9174/1999 DATED 1-8-2002 OF THE HONOURABLE HIGH COURT. EXT.P15 PHOTOCOPY OF THE ORDER NO. M.O.H 15/181/98 DATED 17-4-2003 OF THE 2ND RESPONDENT. EXT.P16 PHOTOCOPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P17 PHOTOCOPY OF THE JUDGMENT IN WPC 16215/2003 DATED 27-5-2003 OF THIS HONOURABLE COURT. EXT.P18 PHOTOCOPY OF THE JUDGMENT IN WA 1876/2003 DATED 21-11-2003 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.7165 Of 2004 ----------------------------------------------------- DATED THIS THE 27th DAY OF JANUARY, 2011 J U D G M E N T The challenge in this Writ Petition is against Exhibit P1 order passed by the Corporation to grant licence to a workshop. 2. The learned Standing Counsel for the Pollution Control Board submitted that they have withdrawn the consent given to the Unit and the Unit is not functioning now. 3. In that view of the matter as the grievances of the petitioner have been met, no further orders are called for in the Writ Petition and the same is closed. 4. The learned counsel for the petitioner submitted that there are certain irregularities in the grant of electric connection to the premises concerned and in the light of the fact that the Unit is not functioning, the Electricity Board may be directed to disconnect the service connection. This is a matter, which the petitioner will have to take up before the concerned Engineer and if an appropriate complaint is filed, the same will be considered after due enquiry with notice to the petitioner and respondents 7 and 8. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge