Petitioner seeking factory licence for cashew industry faced lack of objection certificate from Town Planner. Court directed District Town Planner to decide application within one month.
Direction to 1st respondent to consider and pass orders on Ext.P4 application within one month from the date of receipt of a copy of this judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930
WP(C).No. 2294 of 2008(W)
PETITIONER: ------------
M. NAHAS, AGED 32 YEARS, PROPRIETOR, FATHIMA CASHEW INDUSTRIES, VALATHUNGAL P.O., KOLLAM-12.
BY ADV. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SMT.T.B.REMANI SRI.M.R.ANISON SRI.T.R.RAJESH SMT.K.P.GEETHA MANI
SRI.G.SREEKUMAR SRI. DILEEP.P.PILLAI
RESPONDENTS:
ADDL. 3. THE REVENUE DIVISIONAL OFFICER, KOLLAM.
(ADDL R3 IS IMPLEADED AS PER VIDE ORDER DATED 7.3.08 IN I.A. 3304/08)
BY ADV.SRI.M.K.CHANDRAMOHAN DAS, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 2294/2008/W
APPENDIX
PETITIONER'S EXHIBITS:
EXT. P1: COPY OF THE PROVISIONAL REGISTRATION DATED 29.07.2005. EXT. P2: COPY OF LICENCE DATED 10.07.2006. EXT. P3: COPY OF THE APPLICATION FOR LICENCE. EXT. P4: COPY OF THE REQUEST DTD. 12.07.2006. EXT. P5: COPY OF THE APPLICATION.
/TRUE COPY/
P.A. TO JUDGE
JP
S.SIRI JAGAN, J.
======================= W.P.(C) No. 2294 of 2008 (W)
=======================
Dated this the 7th day of April, 2008
JUDGMENT
The petitioner in this case to start a new cashew industry in Kollam. For running an industry, a factory licence under the Factories Act is necessary. That can be obtained only if a no objection certificate is issued by the Town Planner or the Regional Town Planner. According to the petitioner, petitioner has filed Ext.P4 application for the same. However, there is no response from the 1st respondent is the contention raised by the petitioner. The learned Government Pleader would submit that Ext.P4 is submitted before the Town Planning Officer. This officer attached to the Corporation of Kollam. However, the petitioner points that, Ext.P4 was forwarded to the District Town Planning Office and therefore, the word ... there is no much significance. She further submits that the corporation has already issued Ext,.P6 licence under the Municipalities Act and therefore there is no question of Corporation again considering the same. After
W.P.(C) No. 2294/2008/W -2-
hearing both sides, I dispose of this with a direction to the 1st respondent to consider and pass orders on Ext.P4 application submitted by the petitioner as expeditiously as possible at any rate, within one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. I make it clear that I have not considered any other question involved in this writ petition . It would be open to petitioner in IA. agitated the same if and when it becomes necessary again.
S.SIRI JAGAN, JUDGE
jp
1 issue framed by the court
Whether the District Town Planner should consider and pass orders on the petitioner's application submitted under the Factories Act at a specified time.
M. NAHAS
THE DISTRICT TOWN PLANNER
THE DIRECTOR OF FACTORIES & BOILERS
THE REVENUE DIVISIONAL OFFICER, KOLLAM
S. SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
