Petitioner challenged notices to close his hostel due to unconsidered license applications. Court directed respondents to proceed only after considering his reply and allow three weeks. No stay granted.
Direction to respondents to act on notices only after considering petitioner's reply; time granted for three weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 10TH DAY OF APRIL 2023 / 20TH CHAITHRA, 1945
WP(C) NO. 8249 OF 2023
PETITIONER:
SEBASTIAN.P.A,
AGED 56 YEARS
S/O.AVARACHAN, A ONE MEN'S HOSTEL, DESABHIMANI ROAD,
KALOOR.P.O, ERNAKULAM, PIN – 682 017.
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS:
1KOCHI MUNICIPAL CORPORATION,
OFFICE OF THE CORPORATION OF COCHIN, PARK AVENUE,
P.B.NO.1016, COCHI, REPRESENTED BY ITS SECRETARY,
PIN – 682 011.
2THE SECRETARY,
THE KOCHI MUNICIPAL CORPORATION, OFFICE OF THE
CORPORATION OF COCHIN, PARK AVENUE, P.B.NO.1016,
COCHI, PIN – 682 011.
3THE HEALTH OFFICER,
THE KOCHI MUNICIPAL CORPORATION, OFFICE OF THE
CORPORATION OF COCHIN, PARK AVENUE, P.B.NO.1016,
COCHI, PIN – 682 011.
BY ADV K.B.ARUNKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No. 8249 of 2023
2
JUDGMENT
Dated this the 10th day of April, 2023
This writ petition is filed seeking the following reliefs;
ii) It is prayed that this Hon’ble Court may dispense the production of English Translation of the documents produced in the above W.P.(C) and Petitioner undertakes to produce the same as and when required by this Hon’ble Court.
iii) Issue such other writ, order or direction which this Hon’ble Court may deem fit and proper in the light of the facts and circumstances of the case so as to secure the ends of justice.
learned Standing Counsel appearing for the respondents.
petitioner is conducting a hostel in property wherein Room Nos.70/2789, 70/2790 and 70/2791. It is submitted that though necessary steps have been
taken by the petitioner to obtain consent and license from the competent authorities, the application for consent has not been considered by the
WP(C) No. 8249 of 2023
3
Pollution Control Board and that the 3 rd respondent is issuing notices for closing down the hostel.
though time was granted to the petitioner to submit an application for license, no application for license has submitted till date. In the above view of the matter, this writ petition is disposed of with the direction to the respondents to proceed with the notices issued to the petitioner only after considering his reply, if any. Appropriate steps shall be taken in the matter within a period of three weeks from the date of receipt of copy of this
judgment.
Sd/- ANU SIVARAMAN JUDGE
AMR
WP(C) No. 8249 of 2023
4
APPENDIX OF WP(C) 8249/2023
PETITIONER’S EXHIBITS
Exhibit.P1TRUE COPY OF THE NOTICE NO.MOH12/3720/2022
DATED 01.12.2022 ISSUED FROM THE OFFICE OF
THE 1ST RESPONDENT.
Exhibit2TRUE COPY OF THE RECEIPT NO.2876 DATED
25.01.2023 ISSUED FROM THE OFFICE OF THE
1ST RESPONDENT.
Exhibit.P3TRUE COPY OF THE NOTICE NO.ISO/MOH-
12/037201/2022 DATED 25.02.2023 ISSUED
FROM THE OFFICE OF THE 1ST RESPONDENT.
Exhibit P4TRUE COPY OF THE RECEIPT DATED 17.03.2023.
1 issue framed by the court
Whether the notices issued by the respondents for closing the petitioner's hostel can be acted upon without considering the petitioner's reply regarding the pending license application.
SEBASTIAN.P.A
KOCHI MUNICIPAL CORPORATION
THE SECRETARY, THE KOCHI MUNICIPAL CORPORATION
THE HEALTH OFFICER, THE KOCHI MUNICIPAL CORPORATION
ANU SIVARAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court