Petitioner, a scrap dealer facing a closure notice from Cochin Corporation due to lack of license and alleged pollution, sought interim stay. Court reiterated status quo order.
Corporation to decide on fresh licence application within one month; status quo continues; petitioner barred from activities causing nuisance or smoke.
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 T.R.RAMACHANDRAN NAIR
FRIDAY, THE 7TH DAY OF SEPTEMBER 2012/16TH BHADRA 1934
WP(C).No. 17548 of 2012 (P)
PETITIONER(S):
E.E.SHAHIR, AGED 45 YEARS, S/O.IBRAHIM, ELLICKAL HOUSE, MADAVANA, PANANGAD, ERNAKULAM DISTRICT.
BY ADV. SRI.M.R.SARIN
RESPONDENT(S):
1. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT - 682 030.
2. THE THAHASILDAR, KANAYANNUR TALUK, ERNAKULAM DISTRICT - 682 016.
3. THE VILLAGE OFFICER,ERNAKULAM DISTRICT - 682 016.
4. CORPORATION OF COCHIN,
5. SECRETARY,
6. NAVAS,AGED 44 YEARS,
R1 TO R3 BY GOVERNMENT PLEADER SRI.K.C.VINCENT R4 BY ADV. SRI.E.D.GEORGE,SC, COCHIN CORPORATION SRI.P.K.SOYUZ,SC,COCHIN CORPORATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C)NO.17548/2012
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS AND ANNEXURES:
ANNEX A1 COPY OF THE NOTICE DATED 3/3/2012 ISSUED TO THE PETITIONER.
/TRUE COPY/
P.S.TO.JUDGE
sts
T.R.RAMACHANDRAN NAIR, J.
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W.P.(C).No. 17548 of 2012
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DATED THIS THE 7TH DAY OF SEPTEMBER, 2012
JUDGMENT
The petitioner is a dealer in scrap in a shed belonging to the 6th respondent on rental arrangement. He is aggrieved by the notice issued by the Corporation to close down the same in the light of a complaint filed by Lissy Pulleppady Residents Association. According to the petitioner, if the activity is stopped, it may affect his livelihood.
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like matters into the air and in the neighbourhood. If any such activities are undertaken by the petitioner, the officers of the Corporation are free to enforce the notice issued.
The writ petition is disposed of as above. No costs.
(T.R.RAMACHANDRAN NAIR, JUDGE)
kav/
1 issue framed by the court
whether the Corporation of Cochin’s notice to close down the petitioner’s scrap shop is maintainable in view of pending licence application and nuisance concerns
E.E.SHAHIR
THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT
THE THAHASILDAR, KANAYANNUR TALUK, ERNAKULAM DISTRICT
THE VILLAGE OFFICER, ERNAKULAM DISTRICT
CORPORATION OF COCHIN
SECRETARY, LISSY PULLEPADDY RESIDENTS ASSOCIATION
T.R.RAMACHANDRAN NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
