Disposed

Jerry Figueredo v. Quepem Municipal Council Thr. Its Chief Officer and 9 Ors.

Bombay HC18 Sept 2021WP/481/2014

Case brief

AI extract

What is this about?

Petitioner sought writ mandating Quepem Municipal Council to shut an industrial unit and disconnect its electricity. The court held issues were premature and adjourned for the Council to consider a prior legal notice within six weeks.

What did the court decide?

Directed Chief Officer to consider petitioner's grievances within six weeks after hearing.

Jerry Figueredo Vs Quepem Municipal Council Thr… — Environment and Pollution | Bombay HC (2021)

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201-WP-481-2014.DOC

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Maria S.

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IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.481 OF 2014

Jerry Figueredo

.Petitioner

Versus

Quepem Municipal Council thr. its Chief Oficer ..Respondents And 9 Ors.

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Mr. Valmiki Menezes with Ms. S. Narvekar, Advocates for the Petitioner.

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Mr. Ashwin D. Bhobe with Ms. Kalpa Govekar, Advocates for the Respondent No. 1.

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Mr. Pravin N. Faldessai, Additional Government Advocate for the Respondents No.2, 4, to 9.

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Mr. Arun Bras De Sa, Advocate for the Respondent No.10.

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CORAM: DIPANKAR DATTA, CJ & M. S. SONAK, J.

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DATED: 18^th September 2021

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ORAL ORDER

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1. The petitioner by presenting this writ petition

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dated 13.03.2014 seeks an order on the respondent no.1/Quepem Municipal Council to forthwith shut

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Page 1 of 3 17th August 2021

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201-WP-481-2014.DOC

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down the industrial unit run by the respondent no.10 and to immediately direct the said respondent to cease all industrial activities and operations within the premises situated at Survey No.22/1 of Village Quepem. Direction is also sought on the respondent no.8 to forthwith disconnect supply of electricity to the industrial unit of the respondent no.10.

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2. We have heard learned counsel appearing for the petitioner, the respondent no.1/Council as well as the respondent no.10. In our opinion, issues raised by the petitioner may not be considered at this stage in the absence of any decision given by the respondent no.1/Council on the petitioner's advocate's legal notice dated 08.04.2013 demanding justice from such council.

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3. This writ petition is disposed of with a direction upon the Chief Officer of the respondent no.1/Council to consider the grievances expressed by the

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Page 2 of 3 17th August 2021

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201-WP-481-2014.DOC

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petitioner's advocate in the said notice dated 08.04.2013 in accordance with law, within a period of 6 weeks of receipt of this order. The representative of the petitioner and the respondent no.10 shall be granted reasonable opportunity of hearing prior to any order being passed by the Chief Officer.

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4. All contentions on merit are left open to be urged by the private parties before the Chief Officer. Needless to observe, the Chief Officer shall pass a reasoned order whilst disposing of the petitioner’s grievance.

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5. No costs.

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M. S. SONAK, J. CHIEF JUSTICE

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Page 3 of 3 17th August 2021

Jerry Figueredo v. Quepem Municipal Council Thr. Its Chief Officer and 9 Ors.

Case brief

What is this about?

What did the court decide?

Jerry Figueredo v. Quepem Municipal Council Thr. Its Chief Officer and 9 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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