IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 17210 of 2010(A) -------------------------- PETITIONER(S): --------------- S.SASIDHARAN,PROPRIETOR,'SAYA' FAMILY RESTAURANT,T.C.4/43,AMBALAMUKKU,KAVADIYAR, THIRUVANANTHAPURAM. BY ADV. SRI.C.K.PRASAD RESPONDENT(S): --------------- 1. THE THIRUVANANTHAPURAM CORPORATION, REPRESENTED BY ITS SECRETARY,THIRUVANANTHAPURAM. 2. THE HEALTH SUPERVISOR, THIRUVANANTHAPURAM BY ITS SECRETARY, THIRUVANANTHAPURAM. R1 BY S.C. SHRI N. NANDAKUMARA MENON (SR) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.17210 of 2010-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of June, 2010. JUDGMENT The petitioner herein is the proprietor of a Family Restaurant within the limits of the first respondent Corporation. The licence has been currently renewed also. He is aggrieved by Ext.P6, a notice issued by the second respondent Health Supervisor asking the petitioner to close down the restaurant within three days from the date of receipt of the notice. He is also threatened with prosecution steps for non-compliance of the said notice. 2. It is the case of the petitioner that for the earlier notices issued, he has submitted proper explanations, which have not been considered. He has also taken steps to instal a bio gas plant for processing bio waste. He has also installed two big tanks for storing the waste water. For removal of the bio waste as well as waste water, he has taken various measures also. It is submitted that these aspects have not been considered by the Health Supervisor while issuing Ext.P6 notice. 3. Heard learned Senior Counsel for the Corporation. 4. It is submitted that Ext.P6 notice is appealable before the Council wpc 17210/2010 2 under the relevant provisions of the Act. Therefore, it is up to the petitioner to file an appeal against Ext.P6 and if the appeal is filed within 10 days from today, the same will be entertained and an appropriate decision will be taken. Till orders are passed in the appeal, the further action pursuant to Ext.P6 will be kept in abeyance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/