Dismissed
Michael K.P v. Eloor Municipality
Kerala HCWP(C)/1545/2023
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
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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 MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 15TH DAY OF FEBRUARY 2023 / 26TH MAGHA, 1944
WP(C) NO. 1545 OF 2023
PETITIONER:
MICHAEL K.P AGED 51 YEARS S/O PAUL (LATE), VEVUKATTU HOUSE, ELOOR NORTH, UDHYOGAMANDAL P.O, ERNAKULAM, PIN - 683501 BY ADVS. J.JULIAN XAVIER FIROZ K.ROBIN ROY JOSEPH ANIES MATHEW ANJANA RAM NIRMAL KURIEN EAPEN
RESPONDENTS:
1 ELOOR MUNICIPALITY REP. BY ITS SECRETARY OFFICE OF ELOOR MUNICIPALITY, ELOOR FERRY ROAD, UDHYOGAMANDAL P.O, ELOOR, ERNAKULAM, PIN - 683501 2 THE SENIOR ENVIRONMENTAL ENGINEER THE KERALA STATE POLLUTION CONTROL BOARD, ENVIRONMENTAL SURVEILLANCE CENTRE, FACT QR. NO.S-5, UDHYOGAMANDAL P.O, ERNAKULAM, PIN - 683501 3 K.V STEPHEN KANNAPPALLY (H), UDHYOGAMANDAL P.O, ELOOR NORTH, ERNAKULAM, PIN - 683501 BY ADV K.S.ARUN KUMAR BY ADV.T.NAVEEN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.1545 OF 2023
2
JUDGMENT
Dated this the 15th day of February, 2023
It is submitted by the learned counsel
appearing for the petitioner that Exhibit P8 consent to operate has been issued by the Pollution Control Board and Exhibit P9 license has also been issued by the respondent Municipality.
In the above view of the matter, nothing survives for consideration in the writ petition. The writ
petition is, accordingly, closed.
Sd/ANU SIVARAMAN JUDGE
SSK/15/02
W.P.(C)No.1545 OF 2023
3
APPENDIX
PETITIONER'S EXHIBITS:
| TRUE COPY OF THE LETTER NO.PCB/ESC/GEN/COMP- | |
|---|---|
| Exhibit | P1 15/07 DATED 18.11.2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER |
| Exhibit | P2 TRUE COPY OF THE NOTICE DATED 20.01.2021 ISSUED BY THE 1ST RESPONDENT |
| Exhibit | P3 TRUE COPY OF THE RECEIPT DATED 17.10.2022 ISSUED BY THE 2ND RESPONDENT |
| TRUE COPY OF THE LETTER DATED 21.11.2022 | |
| Exhibit | P4 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT |
| Exhibit | P5 TRUE COPY OF THE SCRUTINY DETAILS DATED 21.11.2022 |
| Exhibit | P5(a) TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER |
| Exhibit | P6 PHOTOS SHOWING THE WORKSHOP COMPLETED AS DIRECTED BY THE 2ND RESPONDENT |
| Exhibit | P7 TRUE COPY OF THE NOTICE DATED 03.01.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER |
| Exhibit | P8 TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE 2ND RESPONDENT DATED 27.01.2023 |
| Exhibit | P9 TRUE COPY OF THE LICENSE NO.H1-960/23 DATED 07.02.2023 ISSUED BY THE 1ST RESPONDENT |
| RESPONDE | NTS' EXHIBITS: NIL |
SSK //TRUE COPY// PA TO JUDGE
Michael K.P
Eloor Municipality
The Kerala State Pollution Control Board
Anu Sivaraman
As recorded by the court registry
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