IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 33107 of 2007(N) -------------------------- PETITIONER(S): --------------- R.S.VIVEK, S.N.SADANAM, POONTHI ROAD, KUMARAPURAM, TRIVANDRUM. BY ADV. SRI.THOMAS ABRAHAM RESPONDENT(S): --------------- 1. CORPORATION OF TRIVANDRUM, REPRESENTED BY IT'S SECRETARY, CORPORATION OFFICE, TRIVANDRUM. 2. R.SANTHOSH LAL, SANTHOSH BHAVAN, HOUSE NO.14/394-1, POONTHI ROAD, TRIVANDRUM. ADV. SRI.ANIL K.NAIR FOR R2 SRI.B.UNNIKRISHNA KAIMAL FOR R2 SRI.V.MADHUSUDHANAN FOR R2 SRI.PRAMJI PAUL VAZHAPPILLY FOR R2 SRI.P.K.MANOJKUMAR SRI. N. NANDAKUMARA MENON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33107 of 2007 EXT.P1: COPY OF THE NOTICE DATED 11.12.2006 ISSUED BY THE CORPORATION. EXT.P2: COPY OF THE JOINT REPRESENTATION DATED 21.5.2006 BY 21 MEMBERS OF “FRIENDS NAGAR RESIDENTS ASSOCIATION”. EXT.P3: COPY OF THE REPRESENTATION DATED 21.12.2006 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P4: COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 1.1.2007 IN W.P.(C) NO.34595/06. EXT.P5: COPY OF THE CONSENT ORDER NO.PCB/TRIVANDRUM -DO CO/PLF/117/2007 DATED 10.4.2007 EXT.P6: COPY OF THE ORDER R.P.3/07 DT. 30/4/07. EXT.P7: COPY OF THE NOTICE DATED 18.10.2007 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P8: COPY OF THE LETTER DATED 23.10.2007 SENT BY THE PETITIONER TO THE SECRETARY, TRIVANDRUM CORPORATION. EXT.P9: COPY OF ORDER DATED 20.7.2006 PASSED BY THE TRIBUNAL IN REVISION PETITION NO.36/2000. RESPONDENT'S EXHIBITS ANNEX-I: COPY OF THE NOTICE NO.HS 3608/99 DTD 2.8.200O ISSUED BY THE HEALTH INSPECTOR, TRIVANDRUM. ANNEX-II COPY OF THE NOTICE NO.ZK/1607/05 DTD. 13.10.2005 ISSUED BY THE HEALTH INSPECTOR, TRIVANDRUM CORPORATION. ANNEX-III COPY OF REPLY DATED 18.10.2005 SUBMITTED BY THE PETITIONER BEFORE THE HEALTH OFFICER, TRIVANDRUM CORPORATION. ANNEX-IV COPY OF THE DECISION OF THE COUNCIL DATED 27.4.2006 ISSUED BY THE COUNCIL SECRETARY, TRIVANDRUM. ANNEX-V: COPY OF THE LETTER NO.ZK/1607/05 DATED 18.5.2006 ISSUED BY THE HEALTH OFFICER, TRIVANDRUM CORPORATION. WP(C).No. 33107 of 2007 ANNEX-VI: COPY OF THE ORDER PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIIONS, TRIVANDRUM DATED 24.5.2006 REVISION PETITION NO.36/2006. ANNEX-VII: COPY OF THE DECISION OF THE COUNCIL DATED 22.12.2006 NO.1(2) ISSUED BY THE MAYOR, TRIVANDRUM CORPORATION. ANNEX-VIII:COPY OF THE NOTICE NO.ZK/1607/05 DATED 5.1.2007 ISSUE DBY THE SECRETARY, CORPORATION TRIVANDRUM. ANNEX-IX: COPY OF THE ORDER OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM DATED 30.4.2007 REVISION PETITION NO.3 OF 2007. ANNEX-X; COPY OF THE REPORT NO.H12 DATED 25.9.2007 ISSUED BY THE HEALTH INSPECTOR, CORPORATION OF TRIVANDRUM. ANNEXT-XI: COPY OF THE NOTICE NO.PCB/TVM -DO/CO(W)/4703/2007 DATED 18.8.2007 ISSUE DBY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, THIRUANANTHAPURAM. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.33107 OF 2007 ---------------------------------------- Dated this the 18th day of November, 2008 JUDGMENT The petitioner challenges Ext.P7 notice of the 1st respondent Corporation, whereby the petitioner has been directed to appear before the Secretary of the Corporation for a hearing on 26.10.2007. The petitioner's grievance in this writ petition is that Ext.P6 order of the Tribunal is not being considered in the matter. I do not think that I should interfere with Ext.P6 order. It would be open to the petitioner to raise all his contentions before the Secretary at the time of hearing. As such, as on today there is no adverse order against the petitioner except Ext.P7notice, which only calls the petitioner for a hearing. It would be open to the petitioner to produce and rely on Ext.P6 order in the hearing pursuant to Ext.P7 notice. Since the date fixed by Ext.P7 is already over, it would be open to the 1st respondent to fix another date for hearing and intimate the petitioner accordingly. With the above observation, the writ petition is disposed of. S. SIRI JAGAN, JUDGE Acd