The Court directed the 2nd respondent to consider and dispose of the petitioner's representation, after an opportunity of hearing, within four months. The Court explicitly noted that no observation was made on the merits.
Direction to the 2nd respondent to consider the petitioner's representation within four months, after an opportunity of hearing.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 7TH DAY OF JUNE 2016/17TH JYAISHTA, 1938
WP(C).No. 18331 of 2016 (N)
PETITIONER:
REYMOND ANTONY S/O REYMOND, AGED 67 YEARS, SINAI SAKTHIKULANGARA, KOLLAM.
BY ADVS.SRI.PRATHEESH.P SMT.S.SEETHA SMT.RENY ANTO
RESPONDENTS:
1. DISTRICT COLLECTOR CIVIL STATION, KOLLAM-691 013.
2. THE SECRETARY KOLLAM CORPORATION CORPORATION BUILDING, KOLLAM - 691 013.
3. THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, USHAS BUILDING BIG BAZAR, KOLLAM - 691 001.
BY GOVERNMENT PLEADER SRI. MANOJ P. KUNJACHAN BY ADVS.SRI.M.K.CHANDRA MOHAN DAS,SC,KOLLAM MUNICIPALITY SRI.M.R.ARUNKUMAR, SC, POLLUTION CONTROL BOARD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 18331 of 2016 (N)
APPENDIX
PETITIONER'S EXHIBITS :-
| EXT.P1 | - | COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 25.02.2016. |
|---|---|---|
| EXT.P2 | - | COPY OF THE CONSENT TO OPERATE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 17.01.2014. |
| EXT.P3 | - | COPY OF THE REGISTRATION AND THE RENEWAL CERTIFICATE OF REGISTRATION ISSUED BY MPEDA. |
| EXT.P4 | - | COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 08.03.2016. |
| EXT.P5 | - | COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 28.04.2016 BEFORE THE 2ND RESPONDENT. |
RESPONDENTS' EXHIBITS:- NIL
//TRUE COPY//
P.A. TO JUDGE
sp
K. VINOD CHANDRAN, J.
----------------------------------
W.P(C). No.18331 of 2016-N
---------------------------------Dated this the 7th day of June, 2016
JUDGMENT
The petitioner is aggrieved with the nonconsideration of Ext.P5 representation, pending before the 2nd respondent. The prayer of the petitioner is to direct the 2nd respondent to consider and dispose of Ext.P5 within a reasonable period.
In such circumstances, there will be a direction to the 2nd respondent to consider and dispose of Ext.P5 representation of the petitioner, as expeditiously as possible and after affording an opportunity of hearing to
W.P(C). No.18331 of 2016-N
2
the petitioner, at any rate, within four months from the date of receipt of a certified copy of this judgment. It is made clear that, this Court has not made any observation on merits, which the 2nd respondent will consider in accordance with law.
The writ petition is disposed of.
K. VINOD CHANDRAN, JUDGE.
sp/07/06/16
1 issue framed by the court
Whether a direction to consider a representation within a specified period without adjudicating merits is maintainable.
Reymond Antony
District Collector Civil Station, Kollam
The Secretary Kollam Corporation
The Environmental Engineer, Kerala State Pollution Control Board
K.Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
