The Court directed the Cherpulassery Municipality to reconsider the petitioners representation for licence renewal within a month under the law.
Direction to the 1st/2nd respondents to consider Ext.P4 in accordance with law and attain finality within a month.
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
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 6TH DAY OF JULY 2018 / 15TH ASHADHA, 1940
WP(C).No. 9992 of 2018
PETITIONER
SAIDALAVI.T., AGED 70 YEARS,S/O.YOUSUF,THOTTINGAL HOUSE, OTTAPALAM ROAD,CHERPULASSERY.P.O,OTTAPALAM TALUK, PALAKKAD DISTRICT,PIN-679503.
BY ADV.SRI.SAYED MURTHALA THANGAL
RESPONDENTS:
1. THE CHERPULASSERY MUNICIPALITY, REPRESENTED BY ITS SECRETARY,CHERPULASSERY.P.O, PALAKKAD DISTRICT,PIN-679503.
2. THE SECRETARY, CHERPULASSERY MUNICIPALITY,CHERPULASSERY.P.O, PALAKKAD DISTRICT,PIN-679503.
3. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD,PALAKKAD-678001.
4. STATE OF KERALA, REPRESENTED BY THE SECRETARY,DEPARTMENT OF LOCAL SELF GOVERNMENT,STATE SECRETARIAT,THIRUVANANTHAPURAM-695001.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sdr/9.7.18
WP(C).No. 9992 of 2018 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT |
P1 THE TRUE COPY OF THE REMITTANCE OF D & O T PERIOD 2016-17/F DATE |
RECEIPT AGAINST RADE LICENSE FEE FOR THE D 23.02.2016 |
|---|---|---|
| EXHIBIT |
P2 THE TRUE COPY OF THE 21.11.2016 ISSUED BY |
LETTER/STOP MEMO DATED THE SECOND RESPONDENT |
| EXHIBIT |
P3 THE TRUE COPY OF THE 10.05.2017 ISSUED BY |
RENEWED CONSENT DATED THIRD RESPONDENT BOARD |
| EXHIBIT |
P4 THE TRUE COPY OF THE 7.2.2018. |
REPRESENTATION DATED |
| RESPONDE | NTS EXHIBITS NIL | |
| /TRUE COPY/ | ||
| PA TO JUDGE | ||
| sdr/- 9.7.18 |
SHAJI P.CHALY, J.
========================
W.P.(C) No.9992 of 2018
======================== Dated this the 6th day of July 2018
JUDGMENT
Petitioner is running a water service station for vehicles by the name Fathima Water Service Station in his own property in building bearing No.13/722 at Ottappalam. According to the petitioner, he is having a vaild licence issued for the running of the said water service station by the 2nd respondent till the year 2017. Petitioner is also having a valid consent from the Pollution Control Board up to 30.4.2020. However, even though petitioner has submitted Ext.P4 representation before the municipality seeking renewal of licence, the same is not considered. The grievance highlighted by the petitioner is the non-consideration of Ext.P4 by the 1st respondent municipality.
W.P.(C) No.9992 of 2018
2
accordance with law, and attain finality to the same, at the earliest, and at any rate within a month from the date of receipt of a copy of this judgment.
The writ petition is disposed of accordingly.
sd/
SHAJI P.CHALY JUDGE
jm/
\True copy \
PA to Judge
W.P.(C) No.9992 of 2018 3
1 issue framed by the court
Whether the municipality was obligated to consider the petitioner's representation regarding licence renewal.
SAIDALAVI.T.
THE CHERPULASSERY MUNICIPALITY
THE SECRETARY, CHERPULASSERY MUNICIPALITY
THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD
STATE OF KERALA
SHAJI P.CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
