IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 WA.No. 214 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.3499/2010 Dated 03/02/2010 .................... APPELLANT(S): PETITIONER ---------------------------------------- A.K.NAZAR, ANGIKKATH HOUSE, V.M.B.ROAD, PATHADIPPALAM, KOCHI-33. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.GEORGE RAJU \MT.SURYA SASI RESPONDENT(S): RESPONDENTS -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER FOR HEALTH, ERNAKULAM. 3. THE SECRETARY, KALAMASSERY MUNICIPALITY, P.O.CHANGAMPUZHA NAGAR, KOCHI-33. 4. THE KALAMASSERY MUNICIPALITY REPRESENTED BY ITS SECRETARY, CHANGAMPUZHA NAGAR P.O., KOCHI-33. 5. K.H.ABDUL MAJEED, S/O.HASSAN, ILLIKKAL HOUSE, PATHADIPPALAM, CHANGAMPUZHA NAGAR P.O., ERNAKULAM. 6. K.H.MUHAMMEDALI, S/O.HASSAN, ILLIKKAL HOUSE, PATHADIPPALAM, CHANGAMPUZHA NAGAR P.O., ERNAKULAM. 7. K.H.ABDUL SALAM, S/O.HASSAN, ILLIKKAL HOUSE, PATHADIPPALAM, CHANGAMPUZHA NAGAR PO, ERNAKULAM. 8. NAZEEMA KAREEM, W/O.LATE ABDUL KAREEM, ILLIKKAL HOUSE, PATHADIPPALAM, CHANGAMPUZHA NAGAR PO, ERNAKULAM. 9. SHABNA KAREEM, D/O.LATE ABDUL KAREEM, ILLIKKAL HOUSE, PATHADIPPALAM, CHANGAMPUZHA NAGAR P.O., ERNAKULAM. 10. M/S.R.F.MOTORS REPRESENTED BY ITS MANAGING DIRECTOR, PATHADIPPALAM, COCHIN UNIVERSITY P.O., ERNAKULAM. ADV. SRI.GEORGE KARITHANAM VARGHESE FOR R5 TO 9 SRI.JOSE KURIAKOSE (VILANGATTIL) FOR R5 TO R9 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.214 of 2010 ---------------------------------------------- Dated 8th February, 2010. J U D G M E N T Balakrishnan Nair, J. The writ petitioner is the appellant. He attacks Ext.P7 No Objection Certificate issued by the District Medical Officer, Ernakulam, as modified by Ext.P10. Those certificates were obtained by the 10th respondent, for getting licence for establishing a service station. Whether licence could be granted to that service station is a matter, which is pending before the 4th respondent Municipality. As per the direction issued by this Court in W.P.(C) No.35470/2009, the matter is going to be considered by the Municipality and the appellant herein is also entitled to be heard, while the decision is taken, since he was the 8th respondent in that writ petition. While hearing, he can raise the invalidity of Exts.P7 and P10 before the Municipality. If ultimately, the licence is granted and for that, reliance is placed on Exts.P7 and P10, while challenging the order granting the licence, he can raise the invalidity of those Exhibits also, before the said forum. Therefore, we find it not necessary to consider the validity of those Exhibits now. Accordingly, the Writ Appeal is WA NO.214/2010 2 dismissed, without prejudice to the contentions taken by the appellant and subject to the observations made above. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. tgs K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.214 of 2010 ---------------------------------------------- J U D G M E N T Dated 8th February, 2010.