Disposed

N.S.Mani v. Sulthan Bathery Municipality

Kerala HC5 Aug 2022WP(C)/1118/2016

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of the writ petition challenging a stay order on the petitioner's fish vending unit, directing the petitioner to apply for a fresh trade license. The pollution control board verified the consent, and respondents were directed to consider the application if filed.

What did the court decide?

Petitioner directed to submit application for trade license to Sulthan Bathery Municipality within three weeks.

N.S.Mani Vs Sulthan Bathery Municipality — Writ and Judicial Review | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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FRIDAY, THE 5TH DAY OF AUGUST 2022 / 14TH SRAVANA, 1944
WP(C) NO. 1118 OF 2016

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PETITIONER:

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N.S.MANI
AGED 67 YEARS
S/O.SREEDHARAN,
RESIDING AT NELLIKKUNNEL HOUSE,
MANIKUNI,
SULTHAN BATHERY POST,
WAYANAD DISTRICT.

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BY ADV. SRI.A.V.JAMES

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RESPONDENTS:

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1SULTHAN BATHERY MUNICIPALITY
REPRESENTED BY ITS SECRETARY,
SULTHAN BATHERY POST,
WAYANAD DISTRICT,
PIN - 673 592.

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2THE SECRETARY
SULTHAN BATHERY MUNICIPALITY,
SULTHAN BATHERY POST,
WAYANAD DISTRICT,
PIN - 673 592.

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3THE CHAIRPERSON
SULTHAN BATHERY MUNICIPALITY, SULTHAN BATHERY
POST, WAYANAD DISTRICT, PIN - 673 592.

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BY SRI. T.V. JAYAKUMAR NAMBOODIRI, SC
BY ADVS.SRI.K.M.SATHYANATHA MENON
 SMT.KAVERY S THAMPI

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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W.P.(C.) No. 1118/2016 2

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JUDGMENT

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This writ petition is filed by the petitioner seeking the following reliefs:-

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“a) Issue a writ of certiorari of any other writ order or direction thereby call for entire records leading to Exhibits P7 and quash the same.

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b) Issue a writ of mandamus or any other writ order or direction, directing the respondents to allow the petitioner to start the cold storage to sell fish in building No. IV/682 of Sulthan Bathery Municipality as per the Exhibit P3 license granted by the second respondent.”

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The challenge made by the petitioner is

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against Ext.P7 direction issued by the Secretary of the Sulthan Bathery Municipality dated 24.11.2015 whereby the petitioner was directed to stop the fish vending unit till such time a decision is taken by the Municipal Council.

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When the writ petition was admitted to the files of this Court on 12.01.2016, an interim stay of

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W.P.(C.) No. 1118/2016 3

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Ext.P7 was granted and later, it was extended until further orders on 15.06.2016, which is still in force. The case projected by the petitioner in the writ petition is that the petitioner is issued with a trade license by the Secretary of the Municipality which is valid upto 31.03.2016. It is also pointed out that as per Ext.P4, petitioner was issued with a consent to operate by the Kerala State Pollution Control Board, which was valid upto 31.08.2018.

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Therefore, on a perusal of the pleadings and the documents put forth by the petitioner, one thing is clear that the license issued by the Secretary of the Municipality and the consent issued by the Pollution Control Board are all expired. The learned counsel for the petitioner fairly submitted that since the subject matter of Ext.P7 was stayed by this Court, the petitioner

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has not applied for trade license before the Secretary of the Municipality.

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W.P.(C.) No. 1118/2016 4

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The learned counsel for the petitioner today

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produced an Integrated Consent to Operate – Renewal issued by the Kerala State Pollution Control Board bearing File No. PCB/WND/OCMMS/May/18 dated 19.05.2018 from where I find that the license was renewed from the said date for a period of five years which has got a validity period upto 31.08.2023. Even though the Pollution Control Board is not made a party, the learned Standing Counsel for the Pollution Control Board was present before this Court and hence the renewal of consent was shown to her.

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Taking into account the facts and circumstances and hearing the learned counsel for the petitioner and perusing the pleadings and materials on record, I am of the opinion that there is no point in retaining the wit petition before this Court and the same can be disposed of with suitable directions.

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Accordingly, the writ petition is disposed of leaving

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W.P.(C.) No. 1118/2016 5

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open the liberty of the petitioner to submit suitable application for trade license before the Sulthan Bathery Municipality within three weeks from the date of receipt of a copy of this judgment. The Pollution Control Board will be at liberty to verify as to whether the petitioner has a valid consent to operate the fish vending unit. If the petitioner is not complying with any of the statutory conditions required for the purpose of conducting the

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fish vending unit, the respective statutory authorities will be at liberty to proceed in accordance with law and take appropriate action. If any application is submitted for trade license, I have no reason to think that the Secretary of the Municipality will not consider the same in accordance with law.

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Sd/-

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SHAJI P. CHALY JUDGE

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W.P.(C.) No. 1118/2016 6

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DCS/05.08.2022

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APPENDIX

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PETITIONER EXHIBITS

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EXHIBIT P1THE TRUE COPY OF THE GENERAL BODY
MEETING DECISION OF THE 1ST RESPONDENT
DATED 30.09.2015.

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EXHIBIT P2THE TRUE COPY OF THE AGREEMENT GIVEN
BY THE PETITIONER TO THE 2ND
RESPONDENT DATED 11.11.2015.

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EXHIBIT P3THE TRUE COPY OF THE LICENSE GRANTED
BY THE 2ND RESPONDENT TO THE
PETITIONER DATED 17.11.2015.

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EXHIBIT P4THE TRUE COPY OF THE LICENSE GRANTED
BY THE KERALA STATE POLLUTION CONTROL
BOARD TO THE PETITIONER DATED
18.09.2015.

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EXHIBIT P5THE TRUE COPY OF THE SANITARY LICENSE
GRANTED BY THE HEALTH INSPECTOR
CHETHALAYAM TO THE PETITIONER DATED
16.11.2015.

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EXHIBIT P6THE TRUE COPY OF THE NOTICE ISSUED BY
THE PETITIONER TO THE PUBLIC.

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EXHIBIT P7THE TRUE COPY OF THE STAY ORDER ISSUED
BY THE 2ND RESPONDENT TO THE
PETITIONER DATED 24.11.2015.

N.S.Mani v. Sulthan Bathery Municipality

Case brief

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N.S.Mani v. Sulthan Bathery Municipality

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