Petitioner challenged an order requiring relocation of his tar mixing plant. The court held that the plant is not a portable machine exempt under Section 450(d) and dismissed the writ petition.
The writ petition is dismissed and the petition fails.
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 ANTONY DOMINIC
TUESDAY, THE 31ST DAY OF JULY 2012/9TH SRAVANA 1934
WP(C).No. 17731 of 2012 (N)
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PETITIONER(S):
THAJUDEEN.A., THOPPIL CONSTRUCTION, THOPPIL VEEDU, THOLIKKUZHY ADAYAMON.P.O., THATTATHUMALA THIRUVANANTHAPURAM-695 614.
BY ADV. SRI.AJITH KRISHNAN
RESPONDENT(S):
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1. THIRUVANANTHAPURAM CORPORATION
2. HEALTH INSPECTOR,
3. HEALTH SUPERVISOR,NEMOM ZONAL OFFICE,
CORPORATION OF TRIVANDRUM, THIRUVANANTHAPURAM.695 014.
BY ADV. SRI.N.NANDAKUMARA MENON, (SR)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
W.P.(C) NO.17731/2012
APPENDIX
PETITIONER(S) EXHIBITS
P1:- COPY OF THE SELECTION NOTICE DATED 25.10.2011 ISSUED BY THE SUPERINTENDING ENGINEER.
P1(A):- COPY OF THE SELECTION NOTICE DATED 7.6.2012 ISSUED BY THE SUPERINTENDING ENGINEER.
P1(B:) COPY OF THE SELECTION NOTICE DATED 12.10.2011 ISSUED BY THE SUPERINTENDING ENGINEER.
P1(C):- COPY OF THE SELECTION NOTICE DATED 31.01.2012 ISSUED BY THE SUPERINTENDING ENGINEER.
P1(D):- COPY OF THE SELECTION NOTICE DATED 31.01.2012 ISSUED BY THE SUPERINTENDING ENGINEER.
P1(E):- COPY OF THE SELECTION NOTICE DATED 31.01.2012 ISSUED BY THE SUPERINTENDING ENGINEER.
P1(F):- COPY OF THE SELECTION NOTICE DATED 31.01.2012 ISSUED BY THE SUPERINTENDING ENGINEER.
P2:- COPY OF THE SPECIFICATION OF THE TAR-MIXING PLAINT OF THE PETITIONER.
P3:- COPY OF THE NOTICE NO.M.S/635/12/ DATED 6.6.2012 ISSUED BY THE 3RD RESPONDENT.
P4:- COPY OF THE NOTICE NO.ZNH/635/12/ DATED 6.6.2012 ISSUED BY THE 3RD RESPONDENT.
P5:- COPY OF THE ORDER NO.ZNH-3854/12 DATED 9.7.2012 ISSUED BY THE 3RD RESPONDENT.
P6:- COPY OF THE COMMUNICATION DATED 20.7.2012 ISSUED BY THE HON'BLE MAYOR THIRUVANANTHAPURAM CORPORATION.
RESPONDENTS' EXHIBITS
NIL
//TRUE COPY//
P.S. TO JUDGE
tss
ANTONY DOMINIC,J
W.P.(C)No.17731 of 2012
Dated this the 31st day of July, 2012
JUDGMENT
Heard the counsel for the petitioner and the senior counsel appearing for the first respondent.
W.P.(C).No.17731/2012
: 2 :
required for the installation of the following machinery or manufacturing units or Industrial units, as the case may be, namely:-
W.P.(C).No.17731/2012
: 3 :
Therefore, I am not persuaded to think that the plant of the petitioner is protected by Section 450(d) of the Act as claimed by the petitioner. Therefore, consequently, the writ petition fails and it is dismissed.
ANTONY DOMINIC, JUDGE
ln
2 issues framed by the court
Whether a tar mixing plant installed by the petitioner constitutes a portable machine exempt from licensing under Section 450(d) of the Kerala Municipality Act.
Whether the petitioner can rely on the Mayor's permissive order which had expired by the time the writ was heard.
1 provisions across 1 enactments
THAJUDEEN.A.
THIRUVANANTHAPURAM CORPORATION
HEALTH INSPECTOR
HEALTH SUPERVISOR
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
