IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 16527 OF 2022
PETITIONER:
AJITH KUMAR V.
AGED 52 YEARS
S/O. VIDHYADHARAN, THYPPARAMBIL HOUSE, PAZHAVEEDU,
ALAPPUZHA, PIN - 688009.
BY ADVS.
M.P.MADHAVANKUTTY
MATHEW DEVASSI
ANANTHAKRISHNAN A. KARTHA
REMYA M. MENON
ANOOP SATHYAN
RESPONDENTS:
1 SHAILAJA ASHOKAN
W/O. ASHOKAN, NANDAVANAM PUTHANVEEDU,
PAZHAVEEDU P. O., ALAPPUZHA. PIN-688009.
2 ALAPPUZHA MUNICIPALITY
REPRESENTED BY ITS SECRETARY, CCSB ROAD,
ALAPPUZHA, PIN-688001.
3 SECRETARY
ALAPPUZHA MUNICIPALITY, CCSB ROAD,
ALAPPUZHA. PIN - 688001.
4 ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD,
THATHAMPALLY P. O., ALAPPUZHA, PIN - 688013.
BY ADVS.T.NAVEEN, SC, PCB
VINAY RAMDAS
K.B.ANAMIKA(K/860/2005)
AZAD BABU, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.16527/2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.16527 of 2022
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Dated this the 28th day of June, 2022
JUDGMENT
This writ petition is filed with following prayers: i. To call for the records leading to Ext.P4 and quash the same by the issuance of a writ of certiorari.
ii. To issue a writ of mandamus directing the 3 rd respondent to produce the records pertaining to the order bearing No. H58420/2021 dated 01.09.2021.
iii. To issue such other writ, order or direction which this Hon'ble court may deem fit and proper in the facts and circumstances of this case.
(SIC)
2. Petitioner herein is running an engineering workshop in the name and style Vidhyadhar Engineering within the limits of Alappuzha Municipality. It is the case of the petitioner that he has been granted with the license to run the engineering workshop by the Municipality. The 1 st W.P.(C).No.16527/2022 3 respondent herein has challenged the same before the Tribunal for Local Self Government Institution, Thiruvananthapuram in Revision Petition No.7/2022. The grievance of the petitioner is that the Tribunal, as per Ext.P4 order, stayed the same and further directed the petitioner not to function the workshop without installation permit and D&O License. Ext.P4 is an ex-parte order. It is also the case of the petitioner that his address has been mentioned wrongly in the proceedings before the Tribunal. The main grievance of the petitioner is that Ext.P4 is in violation of the principles of natural justice. Hence this writ petition.
3. Heard the learned counsel for the petitioner and the learned counsel for the 1 st respondent. I also heard the learned Standing Counsel for the Municipality and the learned Standing Counsel for the Pollution Control Board.
3. The order impugned in this case is an interim order passed by the Tribunal. When this writ petition came up for consideration, this Court passed an interim stay of further coercive proceedings against the petitioner based on Ext.P4 for a period of one month. According to me, the interim order can be continued till the revision petition is finally decided by W.P.(C).No.16527/2022 4 the Tribunal. There can be a direction to the Tribunal to dispose the revision petition expeditiously, within a time frame.
Therefore, this writ petition is disposed of in the following manner:
1. The Tribunal for Local Self Government Institutions, Thiruvananthapuram is directed to dispose Revision Petition No.7/2022, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment.
2. Till final orders are passed, the operation of Ext.P4 order should be kept in abeyance.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.16527/2022 5 APPENDIX OF WP(C) 16527/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LICENSE FOR THE YEAR 2011-2012 DATED 03.11.2011 ISSUED BY THE ALAPPUZHA MUNICIPALITY.
Exhibit P2 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE RENEWAL BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 02.08.2021.
Exhibit P3 TRUE COPY OF THE RECEIPT ISSUED BY THE ALAPPUZHA MUNICIPALITY DATED 31.08.2021.
Exhibit P4 TRUE COPY OF THE ORDER DATED 28.02.2022 IN REVISION PETITION NO. 7/2022 BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM.
RESPONDENT EXHIBITS Exhibit R1(a) A true copy of affidavit dated 17/03/2020 filed before 1st Respondent PETITIONER EXHIBITS Exhibit P5 TRUE COPY OF THE PROCEEDINGS DATED 07/04/2022 BEARING NO. H5-8420/2021 ISSUED BY THE 2ND RESPONDENT MUNICIPALITY RESPONDENT EXHIBITS Exhibit R1(b) A true copy of license No SI-
147/27/2020-2021 dated 19/03/2020