IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WA.No. 1657 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.22790/2011 Dated 22/08/2011 .................... APPELLANT(S): ---------------------- M/S.WHEELS MOTORS, A REGISTERED PARTNERSHIP WITH ITS OFFICE AT 'KADER CENTRE', DOOR NO.XVII/429, N.H. BYE PASS, NEAR OLD RTO, ALUVA 683 101, REP. BY ITS PARTNER MRS.LAKSHMI NANDAKUMAR. BY ADV. SRI.DINESH R.SHENOY SMT.K.SRIJA SRI.G.HARIKRISHNAN (TRIPUNITHURA) RESPONDENT(S): ------------------------ 1. V.K.ABDUL RAHIMAN, PARTNER, M/S.PERINGATTU AGENCIES DOOR NO.XVII/431, NH BYE PASS, ALUVA 683 101. 2. S.SANKARA IYER, PARTNER, M/S.PERINGATTU AGENCIES DOOR NO.XVII/431, NH BYE PASS, ALUVA 683 101. 3. M/S.PERINGATTU AGENCIES, DOOR NO.XVII/431, NH BYE PASS, ALUVA 683 101, REP. BY ITS PARTNER V.K.ABDUL RAHIMAN. 4. ALUVA MUNICIPALITY, REP. BY ITS SECRETARY, MUNICIPAL OFFICE, PUMP JUNCTION, ALUVA-683 101. 5. THE SECRETARY, ALUVA MUNICIPALITY, MUNICIPAL OFFICE, PUMP JUNCTION, ALUVA-683 101. R4 AND R5 BY SC SRI.VM.KURIAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA.No. 1657 of 2011 APPENDIX APPELLANT'S EXHIBITS: ANNEXURE A1: COPY OF PARTNERSHIP DEED. ANNEXURE A2: COPY OF COMPLAINT WITH RECEIPT. ANNEXURE A3: COPY OF REMINDER SUBMITTED ON 18.3.2011. ANNEXURE A4: COPY OF REPORT OF THE HEALTH OFFICER OBTAINED BY THE APPELLANT UNDER THE RIGHT TO INFORMATION ACT. ANNEXURE A5: COPY OF REPRESENTATION DATED 21.5.2011 SUBMITTED BEFORE THE 4TH RESPONDENT. ANNEXURE A6: COPY OF COMPLAINT DATED 29.3.2011 ALONG WITH RECEIPT. ANNEXURE A7: COPY OF ORDER OF THE KERALA STATE POLLUTION CONTROL BOARD DATED 31.5.2011. ANNEXURE A8: COPY OF ORDER DATED 12.7.2011 IN RP.NO.508/2011 IN W.P(C).NO.16076/2011 HIGH COURT OF KERALA. ANNEXURE A9: COPY OF RECEIPT NO.11763 DATED 25.2.2009. ANNEXURE A10: COPY OF RECEIPT NO.0024863 DATED 18.2.2010. ANNEXURE A11: PHOTOGRAPH OF UNLOADING ACTIVITIES UNDERTAKEN BY RESPONDENTS 1 TO 3 IN THE OPEN SPACE OUTSIDE THE GODOWN ETC. ANNEXURE A11(a): PHOTOGRAPH OF UNLOADING ACTIVITIES UNDERTAKEN BY RESPONDENTS 1 TO 3 IN THE OPEN SPACE OUTSIDE THE GODOWN ETC. ANNEXURE A11(b): PHOTOGRAPH OF UNLOADING ACTIVITIES UNDERTAKEN BY RESPONDENTS 1 TO 3 IN THE OPEN SPACE OUTSIDE THE GODOWN ETC. ANNEXURE A12: COPY OF NOTICE DATED 23.9.2006 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD. /TRUE COPY/ PS TO JUDGE MANJULA CHELLUR, Ag.C.J & C.N.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.A.No. 1657 of 2011 ---------------------------------------------- Dated this the 9th day of November, 2011 JUDGMENT Manjula Chellur, Ag.C.J. Heard learned counsel for the appellant as well as learned counsel appearing for respondents 1 to 3 and the learned Standing Counsel for respondents 4 and 5. 2. It is not in dispute that the godown belonging to the private respondents herein is situated next to the show room run by the appellant. As we could notice from the records, apart from the Original Suit filed against the Company, several Writ Petitions also came to be filed. 3. The main grievance of the appellant herein is that without making him a party, all the proceedings were done behind his back and finally now the appeal is pending before the appellate committee of the Municipality under Section 509 of the Kerala Municipalities Act. When the learned counsel appearing for respondents 1 to 3 Sri.P.Ravindran brought to our notice a letter dated 4.11.2011 to substantiate his contention that the Kerala WA.1657/11 2 State Pollution Control Board has already permitted them to continue operation of the godown next to the appellant's show room, the learned counsel appearing for the appellant brought to our notice Annexure A-12 dated 23.9.2006 and contended that though this letter is dated 23.9.2006, the contents of the letter indicate that it has to be 2011. On going through these two letters, we notice that the letter dated 4.11.2011 relied upon by the respondents is only a permission to remove the unloaded cement bags from the godown and it is not a consent to carry on operation of the cement storage in the godown by respondents 1 to 3. 4. In that view of the matter, we are of the opinion that the appellate committee of the Municipality has to hear the appellant also as well as other authorities like the Pollution Control Board etc. before they proceed with the appeal on merits. Apart from relying upon the reports, the Pollution Control Board and other authorities can also conduct a local inspection and take a decision after giving opportunity to all the parties concerned, including the appellant herein. Till then, we direct the respondents not to operate the godown next to the appellant's show room by bringing fresh load of cement and store the same in the godown. WA.1657/11 3 However, they are permitted to unload the cement already stocked in the godown. We also direct the respondent- Municipality to dispose of the appeal on merits within three weeks from the date of receipt of a copy of this judgment. Accordingly, the Writ Appeal is disposed of. MANJULA CHELLUR, ACTING CHIEF JUSTICE C.N.RAMACHANDRAN NAIR, JUDGE k vgs