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. 9717 of 2010(L) ------------------------------------- PETITIONER: ------------------- MULLAPARAMBU RESIDENTS' WELFARE ASSOCIATION, CC X/973C, MULLAPARAMBU, VELI, KOCHI-682 001, REPRESENTED BY ITS SECRETARY, SAKARIA FERNANDEZ, S/O.ROCKS FERNANDEZ, MULLAPARAMBU, VELI, FORT KOCHI. BY ADV. SRI.ASHIK K.MOHAMMED ALI. RESPONDENTS: ------------------------ 1. CORPORATION OF KOCHI, OFFICE OF THE CORPORATION OF KOCHI, ERNAKULAM, REPRESENTED BY ITS SECRETARY. 2. M.S.SANEESH, S/O.MANI, CC X/406, AMARAVATHY, FORT KOCHI, ERNAKULAM. 3. R.S.MANI, CC X/406, AMARAVATHY, FORT KOCHI, ERNAKULAM. R1 BY ADV. SRI. S. RAMESH BABU, S.C, R2 & R3 BY ADV. SRI.C.S.MANU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2010, ALONG WITH W.P.(C). NOS. 12109/2010 & 18214/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.9717/2010-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LICENCE ISSUED BY THE R.1. IN THE NAME OF THE R.2. EXT.P.2: COPY OF THE COMPLAINT GIVEN BY THE PETITIONER TO THE WORSHIPFUL MAYOR, KOCHI. EXT.P.3: COPY OF THE MINUTES OF THE MEETING HELD BY THE WORSHIPFUL MAYOR, KOCHI. EXT.P.4: COPIES OF THE PHOTOGRAPHS TAKEN FROM THE PLACE OF BUSINESS OF RESPONDENT NOS. 2 AND 3. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). Nos.9717/2010-L, 12109/2010-K & 18214/2010-B ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 30th day of July, 2010 J U D G M E N T W.P.(C).Nos.12109/2010 and 18214/2010 are filed by the same petitioner. 2. In W.P.(C).No.12109/2010, the main prayer is to quash Ext.P6. The petitioner has filed an appeal against Ext.P6. Earlier, the petitioner was issued Ext.P1 notice by the Assistant Health Officer to which he filed Ext.P2 objection. Thereafter, by Ext.P3, a notice was issued to show cause why the D&O Licence should not be cancelled. Against Ext.P3, he has filed Ext.P4 appeal before the Chairman of the Standing Committee. Ext.P5 is the communication issued by the Assistant Health Officer asking him to be present before the Mayor's Chamber on 22/02/2010 and, thereafter, Ext.P6 notice has been issued directing him to stop the functioning of the business. 3. In W.P.(C).No.18214/2010, the challenge is against Ext.P7, a notice issued to stop the business. Against Ext.P7, the petitioner has filed Ext.P8 appeal before the Corporation along with a stay petition. This Court has passed an interim order on 11/06/2010 staying the implementation of Ext.P7, which stands extended from time to time. W.P.(C). Nos.9717/2010-L, 12109/2010-K & 18214/2010-B -:2:- 4. W.P.(C).No.9717/2010 is filed by a Residents' Welfare Association challenging the grant of licence. Mainly it is prayed that the first respondent may be directed not to renew Ext.P1 licence or to grant any fresh licence to run scrap business in the residential area of the petitioner Association. 5. The learned Standing Counsel for the Corporation submitted that the appeals can be disposed of within a period of one month. Therefore, the appeals will be disposed of by the respective appellate authorities within a period of one month after hearing the petitioner in W.P. (C).Nos.12190/2010 and 18214/2010 and the residents' Welfare Association which is the petitioner in W.P.(C). No.9717/2010. Till the appeals are disposed of, any coercive action against the petitioner in W.P.(C). Nos.12109/2010 and 18214/2010 will be kept in abeyance. The writ petitions are disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms