Dr.Anju J.Prakash vs Kochi Municipal Corporation
2022 Latest Caselaw 3198 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                        WP(C) NO. 6894 OF 2022
PETITIONER:

          DR.ANJU J.PRAKASH,
          AGED 30 YEARS
          D/O. JAYA PRAKASHAN P.P., 14C, CORAL CREST, SRM ROAD,
          ERNAKULAM NORTH, KOCHI-682018.

          BY ADVS.
          S.VINOD BHAT
          ANAGHA LAKSHMY RAMAN
          GREESHMA CHANDRIKA.R



RESPONDENTS:

    1     KOCHI MUNICIPAL CORPORATION,
          REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, PARK
          AVENUE, KOCHI-682011.

    2     HEALTH INSPECTOR,
          CIRCLE 16, KOCHI MUNICIPAL CORPORATION, CORPORATION
          OFFICE, PARK AVENUE, KOCHI-682011.

    3     SEENA,
          REPRESENTED BY HER AGENT MR. ROY KURIAN, NO.
          BTSRRA,135B, PATHADAN GREENS, BTS ROAD, EDAPPALLY,
          ERNAKULAM-682024.

          BY ADV ARUN ANTONY




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6894 OF 2022

                                          2


                                    JUDGMENT

This writ petition is filed seeking the following reliefs:

"i) To issue a writ of certiorari or such other writ quashing Ext.P8 notice.

ii) To issue a writ of mandamus directing the 1 st respondent to decide on the application seeking change of user taken in by Ext.P7 receipt

iii) To issue a writ of mandamus directing the 1 st respondent to issue licenses to the petitioner as sought for in the applications taken in by Exts.P1 and P2."

2. Heard the learned counsel for the petitioner and the learned

Standing Counsel appearing for respondents 1 and 2. Notice to the 3 rd

respondent has been duly served, but there is no appearance.

3. It is submitted by the learned counsel for the petitioner that the

petitioner had submitted necessary applications for trade licences, but

without considering the same, Ext.P8 notice had been issued against the

petitioner and further action thereon has been interdicted by this

Court. It is submitted by the learned Standing Counsel appearing for the

Corporation that the application submitted by the petitioner will be

considered, in accordance with law by the respondents, without delay. WP(C) NO. 6894 OF 2022

There will, accordingly, be a direction to the Secretary of the

respondent Corporation to take up the application submitted by the

petitioner for trade licence and occupancy change and consider and

pass orders on the same, within a period of one month from the date of

receipt of a copy of this judgment. Further proceedings pursuant to

Ext.P8 shall be kept in abeyance till orders are rendered and served to

the petitioner.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 6894 OF 2022

APPENDIX OF WP(C) 6894/2022

PETITIONER EXHIBITS

Exhibit P1 COPY OF RECEIPT NO.11708 DATED 05/02/2021 ISSUED BY THE 1ST RESPONDENT (REFERENCE NO.4254).

Exhibit P2 COPY OF RECEIPT NO.11707 DATED 05/02/2021 ISSUED BY THE 1ST RESPONDENT (REFERENCE NO. 4253)

Exhibit P3 COPY OF NOTICE NO. H/12/4254/2021 DATED 01/03/2021 ISSUED BY THE HEALTH OFFICER OF 1ST RESPONDENT.

Exhibit P4 COPY OF PROVISIONAL CERTIFICATE OF AFFILIATION NO.KEIL/CBWTF/00309/2021-2022 ISSUED BY KERALA ENVIRO INFRASTRUCTURE LTD

Exhibit P5 COPY OF CERTIFICATE NO.16958546 DATED 30.12.2021 ISSUED BY KERALA STATE POLLUTION CONTROL BOARD AUTHORIZATION

Exhibit P6 COPY OF OFFICE NOTING ISSUED BY 1ST RESPONDENT (NO.H.12/4254/21

Exhibit P7 COPY OF RECEIPT NO.43603 DATED 15/2/2022 ISSUED BY 1ST RESPONDENT

Exhibit P8 COPY OF NOTICE NO.11/2022 DATED 17.02.2022 ISSUED BY 1ST RESPONDENT