IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 22353 of 2008(J) -------------------------- PETITIONER: --------------- ANNAMMA KOSHY, THOPPIL HOUSE, PUTHENTHERUVU, MUNDANCAVU, CHENGANNUR - 689 121. BY ADV. SRI.P.HARIDAS RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY DEPARTMENT OF LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. 2. THE MANAGER, DISTRICT INDUSTRY CENTRE. 3. CHENGANNUR MUNICIPALITY, REP. BY ITS SECRETARY. 4. MUNICIPAL COUNCIL, CHENGANNUR MUNICIPALITY. BY GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 22353 OF 2008 J = = = = = = = = = = = = = = = = = Dated this the 5th day of September 2008 J U D G M E N T Petitioner submitted Ext. P3 application for licence to start a soda factory. She has also made Ext. P4, an application for installation of a electric motor. Ext. P16 is yet another application submitted by her for licence under the Prevention of Food Adulteration Act. The respondent Municipality by Ext. P11 informed the petitioner that she should obtain and produce consent of people residing within 100 metre radius of the premises where she proposes to start the soda factory. It is aggrieved by this condition imposed by the Municipality by Ext. P11, the writ petition has been filed. 2. Standing counsel of respondent Municipality entered appearance and was also heard. However, he could not refer me to any statutory provision to justify the condition that is now incorporated in Ext. P11. W.P.(C) No. 22353 OF 2008 -2- In view of this, the writ petition is disposed of directing that Exts. P3, P4 and P16 shall be considered by the Municipality on its merits in accordance with law, but without insisting on the condition of consent that has been imposed in Ext. P11. ANTONY DOMINIC JUDGE jan/-