Shukkur M vs State Of Kerala
2022 Latest Caselaw 3024 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
     THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
                         WP(C) NO. 18989 OF 2021


PETITIONER:

              SHUKKUR M.,
              AGED 45 YEARS
              SON OF MUHAMMAD IIIYAS,
              RESIDING AT MEMON HOUSE,
              KUNDALIYOR P.O. CHAVAKKAD TALUK
              THRISSUR.

              BY ADVS.
              SRI.S.JAYANT
              SRI.V.HARIKRISHNAN


RESPONDENTS:

     1        STATE OF KERALA,
              REPRESENTED BY ITS SECRETARY,
              DEPARTMENT OF LOCAL SELF GOVERNMENT,
              SECRETARIAT, THIRUVANANTHAPURAM,
              KERALA 695 001.

     2        KOTTAKAL MUNICIPALITY,
              REPRESENTED BY SECRETARY,
              KOTAKKAL, MALAPPURAM 676 503.

     3        SECRETARY,
              KOTTAKAL MUNICIPALITY,
              KOTAKKAL, MALAPPURAM 676 503.

              *ADDITIONAL R4 & R5 ARE IMPLEADED

 ADDL. R4     ENVIRONMENTAL ENGINEER
              KERALA STATE POLLUTION CONTROL BOARD,
              MALAPPURAM DISTRICT, 19/269A,
              PERINTHALMANNA ROAD, UP HILL P.O.,
              MALAPPURAM - 676 505.
 WP(C) NO. 18989 OF 2021
                               2



 ADDL. R5 KERALA STATE POLLUTION CONTROL BOARD
          REPRESENTED BY ITS CHAIRMAN, HEAD OFFICE, PATTOM
          P.O., THIRUVANANTHAPURAM 695 004.


          [ADDITIONAL R4 AND R5 IS IMPLEADED AS PER ORDER DATED
          04.03.2022 IN I.A.01/2022 IN WP(C)18989/2021.]

          BY ADV SRI.NOUSHAD THOTTATHIL

          SRI. B.S. SYAMANTHAK. GOVT. PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18989 OF 2021
                                    3



                              T.R. RAVI, J.
               --------------------------------------------
                      W. P. (C). No. 18989 of 2021
                --------------------------------------------
                 Dated this the 17th day of March, 2022

                                JUDGMENT

The petitioner has approached this Court seeking to quash Exts.P8

& P11 notices issued by the 3rd respondent and for a direction to the 2 nd

respondent to consider and pass orders on Ext.P9 appeal. The petitioner

was functioning a food stall under the name and style "Chorum

Koottanum". The 3rd respondent issued a stop memo directing the

petitioner to stop the functioning of the unit. The licence for the period

2021-22 had also not been issued. The grievance of the petitioner is

regarding the stop memo and the refusal to grant licence.

2. According to the Municipality, the licence is not being granted

because the unit does not satisfy the requirements prescribed by law as

regards hygiene and other aspects. These aspects are confirmed by the

Pollution Control Board also. It can be seen from Ext.P13 that the

Pollution Control Board had issued a notice to the petitioner asking him

to carry out certain corrective measures for preventing pollution. The

petitioner submits that since the premises is remaining closed, he is not WP(C) NO. 18989 OF 2021

in a position to comply with the directions. The learned counsel for the

Municipality points out that the period of the licence for the year 2021-

22 is going to over and the petitioner will have to get a fresh licence, if

he has to function the unit after March.

In such circumstances, this writ petition is disposed of directing the

petitioner to carry out the corrections which have been pointed out by

the Pollution Control Board in Ext.P13 and the directions issued by the

Municipality in Ext.P11. The premises shall be opened only for the above

said purpose and after completing the required changes, the petitioner

may apply to the 3 rd respondent for a permit for the period 2022-23.

The petitioner shall resubmit the application before the Pollution Control

Board after curing the defects pointed out and on receipt of the same,

the Pollution Control Board shall pass necessary orders. The Municipality

on satisfying that the petitioner has complied with all the requirements,

shall issue D&O licence in accordance with law.

Sd/-

T.R.RAVI JUDGE Pn WP(C) NO. 18989 OF 2021

APPENDIX OF WP(C) 18989/2021

PETITIONERS' EXHIBITS

Exhibit P1 A TRUE COPY OF LEASE AGREEMENT ENTERED BETWEEN PETITION AND MAMMUKUTTY HAJI DATED 22ND FEBRUARY 2019.

Exhibit P2 A TRUE COPY OF LICENSE ISSUED BY COMMISSIONERATE OF FOOD SAFETY TO PETITIONER AS LICENSE NUMBER 11319010000581 DATED 09/10/2019.

Exhibit P3 TRUE COPY OF TRADE LICENSE ISSUED BY 3RD RESPONDENT AS LICENSE NO. 296B /19-20 TO PETITIONER FOR THE PERIOD 2019-2020 DATED 05/09/2019.

Exhibit P4 A TRUE COPY OF RECEIPT ISSUED BY KOTTAKAL MUNICIPALITY TO PETITIONER 05TH SEPTEMBER 2019.

Exhibit P5 A TRUE COPY OF RECEIPT ISSUED BY KOTTAKAL MUNICIPALITY TO PETITIONER DATED 18TH JUNE 2020.

Exhibit P6 A TRUE COPY OF THE NOTICE ISSUED BY 3RD RESPONDENT AS HI-6185/2021 DATED 09.04.2021.

Exhibit P7 A TRUE COPY OF RECEIPT ISSUED BY THE 2ND RESPONDENT FOR REPLY SUBMITTED BY PETITIONER DATED 13/03/2019.

Exhibit P8 A TRUE COPY OF REPLY ISSUED BY 3RD RESPONDENT AS NO. HI/592/20 DATED 21.04.2021.

WP(C) NO. 18989 OF 2021

Exhibit P9 A TRUE COPY OF APPEAL SUBMITTED BY PETITIONER AGAINST EXHIBIT P8 ORDER BEFORE 2ND RESPONDENT DATED 29/04/2021.

Exhibit P10 A TRUE COPY OF RECEIPT ISSUED BY 2ND RESPONDENT TO APPEAL FILED BY APPLICANT DATED 30.04.2021.

Exhibit P11 A TRUE COPY OF NOTICE ISSUED BY 3RD RESPONDENT AS NO. HI/592/20 DATED 09.06.2020.

Exhibit P12 A TRUE COPY OF LETTER SUBMITTED BY MAMMUKUTTY BEFORE 3RD RESPONDENT DATED 23.04.2021.

EXHIBIT P13 A TRUE COPY OF NOTICE ISSUED BY ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD DATED 01.07.2020

EXHIBIT P14 A TRUE COPY OF REPRESENTATION SUBMITTED BY PETITIONER BEFORE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD

EXHIBIT P15 A TRUE COPY OF REPLY SUBMITTED BY PETITIONER TO NOTICE DATED 07.01.2021

EXHIBIT P16 A TRUE COPY OF PHOTOGRAPHS OF EXHAUST PIPE FIXED ABOVE THE FOOD STALL

EXHIBIT P17 A TRUE COPY OF CONSENT LETTER ISSUED BY ANIL KUMAR, OWNER OF PIG FARM DATED 26.10.2021 WP(C) NO. 18989 OF 2021

RESPONDENTS' EXHIBITS

ANNEXURE R3-1 A TRUE COPY OF THE NOTICE NO.H1/592/2020 DATED 05.02.2020 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

ANNEXURE R3-2 A TRUE COPY OF THE LETTER DATED 06.02.2020 ISSUED BY THE ENVIRONMENTAL ENGINEER, KSPCB TO THE 3RD RESPONDENT

ANNEXURE R3-3 A TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER DATED 18.06.2020 BEFORE THE 3RD RESPONDENT

ANNEXURE R3-4 A TRUE COPY OF THE NOTICE NO.H1/592/2020 DATED 12.02.2021 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT

ANNEXURE R3-5 A TRUE COPY OF THE LETTER DATED 20-02-2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT