Ajith Kumar V vs Shailaja Ashokan
2022 Latest Caselaw 7771 Ker

Citation : 2022 Latest Caselaw 7771 Ker
Judgement Date : 28 June, 2022

Kerala High Court

Ajith Kumar V vs Shailaja Ashokan on 28 June, 2022

            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.
                    --------------------------------
                   W.P.(C).No.16527 of 2022
             ----------------------------------------------
            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

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

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

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-