Miju Jose vs Tripunithura Muncipality
2021 Latest Caselaw 18727 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
                        WP(C) NO. 18449 OF 2021
PETITIONER:

          MIJU JOSE,
          AGED 57 YEARS
          S/O.JOSE NETTIKADAN, NETTIKADAN HOUSE, BANERJI ROAD,
          ERNAKULAM DISTRICT, COCHIN-682 018.

          BY ADVS.
          K.N.SIVASANKARAN
          SUNIL SHANKER



RESPONDENTS:

    1     TRIPUNITHURA MUNCIPALITY,
          MUNICIPAL OFFICE, THRIPUNITHURA-682 301,
          REPRESENTED BY ITS SECRETARY.

    2     THE SECRETARY, THRIPUNITHURA MUNICIPALITY,
          MUNICIPAL OFFICE, THRIPUNITHURA-682 301.

    3     THE HEALTH DEPARTMENT, THRIPUNITHURA MUNICIPALITY,
          MUNICIPAL OFFICE, THRIPUNITHURA-682 301.



          C.V.MANUVILSAN-SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18449 OF 2021

                                  2


                              JUDGMENT

This writ petition is filed seeking directions to the 1st respondent

Municipality to consider and pass orders on Ext.P7 application

preferred by the petitioner for renewal of licence of the hostel run by

the petitioner. It is submitted that the application has been pending

since April, 2021 and that in reply to the notices issued to the

petitioner, Ext.P8 explanation is also been submitted by the petitioner.

2. The learned Standing Counsel submits that it is only on account

of the objection that a clearance from the Pollution Control Board is

required that the application had been kept pending.

However, in view of the fact that Ext.P8 explanation has been

submitted by the petitioner, I am of the opinion that Ext.P7 application

is to be considered by the 2nd respondent after taking note of Ext.P8

explanation also and to pass an appropriate order thereon.

There will, accordingly, be a direction to the 2 nd respondent to

take up Ext.P7 application preferred by the petitioner and Ext.P8

explanation and to pass appropriate orders on the application within a

period of three weeks from the date of receipt of a copy of this WP(C) NO. 18449 OF 2021

judgment. The petitioner shall produce a copy of the writ petition

along with a copy of the judgment before the 2 nd respondent for

compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 18449 OF 2021

APPENDIX OF WP(C) 18449/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF LICENSE FEES.

Exhibit P2 A TRUE COPY OF THE NOTICE OF 3RD RESPONDENT.

Exhibit P3 A TRUE COPY OF THE LETTER OF THE PETITIONER.

Exhibit P4 A TRUE COPY OF THE LETTER OF THE PETITIONER.

Exhibit P5 A TRUE COPY OF THE NOTICE OF THE RESPONDENT.

Exhibit P6 A TRUE COPY OF THE LETTER OF THE PETITIONER.

Exhibit P7 A TRUE COPY OF THE APPLICATION SUBMITTED ONLINE BY THE PETITIONER.

Exhibit P8 A TRUE COPY OF THE LETTER OF THE PETITIONER.