IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 WP(C).No. 28559 of 2008(Y) ------------------------------------ PETITIONER(S): ----------------------- 1. LISSY XAVIER, EZHUMANTHURUTHIL HOUSE BUILDING NO.XXVII/624, POOKATTUPADY ROAD, NEAR EDAPPALLY TOLL JN., EDAPPALLY PO., COCHIN-24. 2. A.V.GEORGE, EZHUMANTHURUTHIL HOUSE MAROTTICHUVADU, EDAPPALLY PO., COCHIN-24. BY ADV. SRI.BABU CHERUKARA RESPONDENT(S): ------------------------- 1. SECRETARY, KALAMASSERRY MUNICIPALITY SOUTH KALAMASSERRY. 2. KALAMASSERRY MUNICIPALITY, REP. BY THE SECRETARY, SOUTH KALAMASSERRY. 3. KERALA STATE POLLUTION CONTROL BOARD GANDHI NAGAR, ERNAKULAM, COCHIN-20. 4. DISTRICT MEDICAL OFFICER, NEAR GENERAL HOSPITAL, ERNAKULAM. 5. CHACKO URMEASE, PANATTU HOUSE, EDAPPALLY ANGADY, EDAPPALLY PO., COCHIN-24. 6. SHIHAB, S/O.MOHAMMED, CC.27/624/A1, POOKKATTUPADY ROAD, NEAR EDAPPALLY TOLL JN., EDAPPALLY PO., COCHIN-24. BY GOVERNMENT PLEADER SRI. K.V. MANOJ KUMAR SRI. M.K. CHANDRAMOHAN DAS SRI. M.K. ABOOBACKER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.28559 of 2008 ================== Dated this the 25th day of September, 2008. J U D G M E N T Petitioners are aggrieved by a proposed fish stall in Shop No. XXVII/624/A4 of Kalamasserry Municipality. According to the petitioner the proposed fish stall is to be established by the 5th respondent within four meters from the residence of the 1st petitioner and the same would cause serious pollution problems in the locality. The petitioners therefore submitted Ext.P3 representation before the 1st respondent. Petitioners seek a direction to the 1st respondent to consider and pass orders on Ext.P3 expeditiously. 2. I have heard the learned Standing Counsel appearing for the Municipality as also the learned Standing Counsel appearing for the Pollution Control Board. In the nature of the order I propose to pass I do not think it necessary to issue notice to respondents 5 and 6 at this juncture. In the above circumstances, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P3, as expeditiously as possible, at any rate, within three W.P(C)No.28559 of 2008 - 2 - weeks from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioners. S.SIRI JAGAN, JUDGE rhs